SIEMENS BUILDING TECH 1 -2003 - Laserfiche WebLink

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or arises out of the use of goods or services or any component thereof in combination with any other system, equipment or software that is: (i) not otherwise supplied by Contractor; or (ii) inconsistent with the intended use of goods and services or any component thereof. This section sets forth the exclusive remedy of Customer against Contractor with respect to any action claim for alleged infringement or any patent, copyright, trademarks, trade secret or other intellectual property right involving the goods and services or any component thereofi Section 17. ASSIGNMENT. Without Contractor's prior written consent, or except in the context of a lease financing, Customer shall not: assign, transfer, pledge, hypothecate or grant any security interest in, or otherwise dispose of, this Agreement or any interest in this Agreement or the FIM's, sublet or lend the FIM's or permit the FIM's to be used by anyone other than Customer or Customer's employees. Section 18. AMENDMENTS. This Agreement may only be amended or any of its terms modified for the purpose of adding FIM's, with the written consent of both parties hereto. All other amendments or modification of the terms of this Agreement must be accomplished by written consent of Customer and Contractor, and its Assignee, if any. Section 19. NOTICES. All notices to be given under this Agreement shall be made in writing and mailed by certified mail to the other party at its address set forth herein or at such address as the party may provide in writing from time to time. Any such notice shall be deemed to have been received five (5) business days subsequent to mailing. Section 20. GOVERNiNG LAW. This Agreement shall be governed by the provisions hereof and by the laws of the State of California. Section 21. INDEPENDENT PARTIES. Nothing contained in this Agreement will be deemed or construed for any purpose to establish between the parties a partnership or joint venture, a principal-agent relationship, employee-employer relationship, or any relationship other than Customer and supplier. Section 22. ENTIRE AGREEMENT. This Agreement together with the attachments and exhibits attached hereto and made a part hereof and other attachments hereto, and other documents or instruments executed by Customer and Contractor in connection herewith, constitute the entire Agreement between the parties with respect to the purchase of the FIM's. All previous proposals, oral or written communication, engineering information or written communication are superseded by this Agreement. 10