Insignia Infocast NS-DP8CH User Manual page 9

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5. Termination and Expiration. Upon termination or expiration
of this Agreement for any reason, all licensed rights granted in this
Agreement will immediately cease to exist. You must immediately
cease all further use of the Software and certify to chumby in writing
that you have fully complied with this requirement. Sections 1, 2.2,
2.3, 2.4, 2.5, 3.2, 4 and 6 will survive termination of this Agreement for
any reason.
6. Miscellaneous. Licensee may not assign this Agreement or any
interest or rights granted hereunder, or delegate any of its duties
hereunder, to any third party. chumby may freely assign this
Agreement. This Agreement will terminate immediately upon
occurrence of any prohibited assignment, and any attempted
assignment or transfer in violation of the foregoing will be null and
void. This Agreement is the final, complete and exclusive agreement
between the parties relating to the Software and supersedes all prior
or contemporaneous proposals, representations, understandings, or
agreements relating thereto, whether oral or written. No waiver or
modification of the Agreement will be valid unless signed by each
party. The waiver of a breach of any term hereof will in no way be
construed as a waiver of any other term or breach hereof. The
headings in this Agreement do not affect its interpretation. If any
provision of this Agreement is held by a court of competent
jurisdiction to be unenforceable, the remaining provisions of this
Agreement will remain in full force and effect. This Agreement shall
be governed by the laws of the State of California without giving
effect to any conflict of law principles that may provide the
application of the law of another jurisdiction. Any claim or dispute in
connection with this Agreement shall be resolved in a cost effective
manner through binding non-appearance-based arbitration. The
arbitration shall be initiated through an established alternative
dispute resolution provider mutually agreed upon by the parties. The
alternative dispute resolution provider and the parties must comply
with the following rules: a) the arbitration shall be conducted by
telephone, online and/or be solely based on written submissions, the
specific manner shall be chosen by the party initiating the arbitration;
b) the arbitration shall not involve any personal appearance by the
parties or witnesses unless otherwise mutually agreed by the parties;
and c) any judgment on the award rendered by the arbitrator may be
entered in any court of competent jurisdiction. If the foregoing
arbitration clause does not apply for any reason, you agree to submit
to the personal jurisdiction of the state courts located within San
Diego County, California and the federal courts in the Southern
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