Coastal WEATHERPAK TRx2 Benutzerhandbuch - Seite 17

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TRx 2

WEATHERPAK

User's Manual

APPENDIX 1 - COASTAL ENVIRONMENTAL SYSTEMS TERMS AND CONDITIONS (Continued)

9. INTELLECTUAL PROPERTY: Buyer agrees and acknowledges that it is not acquiring any ownership or

other interest of any kind whatsoever in any of Coastal's trademarks, trade names, patents, copyrights,

registrations or applications for registration of any of the foregoing, know-how, unpatented inventions, trade

secrets, common law rights in any of the foregoing, computer software (including all documentation and

source codes) or any other intellectual property of any kind whatsoever or the goodwill associated or which

may become associated therewith. Coastal provides the products to Buyer subject to the terms and conditions

of any standard end-user license agreement of which a copy is provided to Buyer with the products. Buyer

may not sublicense, sell, rent, lend, or give away the products to others. Buyer may not copy, alter, modify, or

adapt the products, nor create any derivative works based on them. Nothing herein shall be construed to

grant any rights or license to use any software or other intellectual property in any manner or for any purpose

not expressly permitted by such license agreement. Buyer further acknowledges and agrees that the sale of

products to Buyer does not convey any license express or implied, other than as expressly stated herein, and

Buyer shall not manufacture, modify, reverse engineer, duplicate, otherwise copy or reproduce any of the

products or any part thereof.

10. DEFAULT AND TERMINATION: Either party hereto may terminate this Agreement upon written notice to

the other following any material breach or omission by the other with respect to any term, representation,

warranty, condition, or covenant hereof and the failure of such other party to cure such material breach or

omission within ten (10) days of notice of such breach or omission. Upon such termination, Coastal shall have

the right to repossess all products delivered to Buyer under this Agreement. Costs of repossession will be

paid by Buyer if Buyer is the defaulting party. Termination under this paragraph does not relieve Buyer from its

payment obligations under this Agreement.

11. U.S. GOVERNMENT CONTRACTS: If the products are to be used in the performance of a U.S.

Government contract or subcontract and a U.S. Government contract number shall appear on Buyer's

purchase order, those clauses of the applicable U.S. Government procurement regulation which are required

by Federal statute to be included in U.S. Government subcontracts shall be incorporated herein by reference.

12. RESALE AND ASSIGNMENT: Buyer agrees that it will not assign its rights under these terms and

conditions to any third party and will not sell any products unless explicitly authorized to do so in writing by

Coastal.

13. COMPLIANCE WITH U.S. EXPORT LAW: If Buyer delivers the products to its customer who may use the

products outside of the United States, Buyer acknowledges and shall advise its customer that the products are

controlled for export by the U.S. Department of Commerce and the products may require authorization prior to

export from the United States or re-export. Buyer agrees that it will not export, re-export, or otherwise

distribute products, or direct products thereof, in violation of any export control laws or regulations of the

United States.

14. APPLICABLE LAW: This Agreement and the performance of the parties hereunder shall be construed in

accordance and governed by the law, including the Uniform Commercial Code, as enacted in the State of

Washington under the exclusive jurisdiction and venue of the state and federal courts sitting in Seattle,

Washington.

15. ATTORNEYS' FEES AND COSTS: In any dispute concerning or arising under this Agreement or any

transaction relating hereto, the prevailing party shall be entitled to reasonable attorneys' fees and costs,

including, without limitation, costs and fees incurred on appeal or in a bankruptcy or similar action.

16. NOTICE: Notice may be delivered to Buyer and process served by certified mail or by any nationally

recognized delivery service that provides proof of delivery, addressed to any of the Buyer's addresses on

Buyer's Purchase Order, or as authorized by applicable law or court rule.

P/N: 0302-117-002 Rev. C