BY COUNTERSIGNING A COPY OF THIS END USER LICENSE AGREEMENT (THIS "AGREEMENT") OR BY CLICKING "I ACCEPT THE TERMS AND CONDITIONS OF THE END USER LICENSE AGREEMENT" AT THE TIME OF INSTALLING OR USING ALL OR ANY PORTION OF THE PRODUCTS, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU AGREE (I) WITH THE TERMS OF THE PURCHASE ORDER AND THIS AGREEMENT, (II) TO BE BOUND THEREBY AND (III) TO COMPLY THEREWITH. IF YOU ARE ENTERING INTO A PURCHASE ORDER AND/OR THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH COMPANY OR OTHER ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS GSX' PRODUCTS, TO THIS AGREMEENT, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH COMPANY OR OTHER ENTITY, ITS AFFILIATES AND ALL USERS OF GSX' PRODUCTS. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THIS AGREMEENT, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE GSX' PRODUCTS.
From time to time GSX and you may prepare and issue papers ancillary to this Agreement, e.g. you or Gsx may issue Purchase Orders, acceptance letters, forms, notices, etc. in order to set up the use of the Products, to facilitate invoicing and bill payment and/or for other purposes. It is understood that, unless otherwise mutually agreed in writing by GSX and you, all such correspondence issued or accepted by either party shall be governed by the terms specified in this Agreement. It may be specifically agreed that such other written documents SUPPLEMENT OR SUPERSEDE ALL OR PORTIONS OF THIS AGREEMENT.
Subject to the purchase of GSX' maintenance service as set forth in the Purchase Order(s), GSX shall during the period of time for which you have purchased such maintenance services provide:
a) support during office hours, by phone or e-mail as specified in the Purchase Order(s) and/or on the website;
b) a 24-hour, seven-day per week emergency hot line number as specified in the Purchase Order(s) and/or on the website;
c) all relevant updates, upgrades, intermediate versions and fixes for each Product; and
d) any password, ID, code, e-mail address or telephone number in order to enable you to benefit from the services listed above.
a) When the Software automatically connects to the Internet, an Internet protocol address ("IP Address") that is associated with your current Internet connection is sent to a GSX Website;
b) When the Software automatically connects to the Internet, no personally identifiable information is sent except to the extent that IP Addresses may be considered personally identifiable in some jurisdictions; and
All notices, instructions and other communications between the parties made in connection with the Purchase Order(s) (if issued by GSX) and this Agreement shall be sent by e-mail, fax, registered mail, hand delivery or courier services to the other party to the address stated on the Purchase Order(s) or to such other address as any party shall substitute for such purposes by notice given to the other party in accordance herewith.
You may not assign any rights or delegate any duties under this Agreement without GSX's prior written consent, and any attempt to do so without consent will be nul and void. You hereby expressly acknowledge and agree that GSX may assign its rights and obligations hereunder, as well as the underlying contractual relationship – i.e. this Agreement, to any of its Affiliates, without your consent.
This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. Nothing in this Agreement, express or implied, is intended to confer on any person other than the parties hereto or their respective successors and assigns, any rights, remedies, obligations or liabilities under or by reason of this Agreement.
The invalidity, illegality or unenforceability of any provision of this Agreement and the Purchase Order(s) shall in no way affect the validity, legality or enforceability of any other provision thereof. The parties undertake to negotiate in good faith with a view to replace such invalid, illegal or unenforceable provision with another provision that best reflects the intentions of the parties.
The failure by either party to exercise or enforce any provision of this Agreement or of the Purchase Order(s) shall not be deemed to be a waiver of the application of any such provision or of a right nor to operate so as to bar the exercise or enforcement of any such provision or right on any later occasion. Any provision contained in the Purchase Order(s) or this Agreement may only be waived by a document signed by the party waiving such provision.
This Agreement (and the Purchase Order(s) in the case where the Purchase Order(s) is entered into with GSX), constitute the entire Agreement between the parties hereto with respect to the subject matter hereof and supersede and replace all prior agreements, oral or written, between the parties relating to the subject matter hereof.
The purchase Order(s) and this Agreement will be governed by and construed in accordance with the laws of Switzerland, without regard to the United Nations Convention on the International Sale of Goods. Any dispute arising out of or in connection with The purchase Order(s) or this Agreement shall be submitted to the exclusive jurisdiction of the courts of the canton of Geneva, Switzerland. Notwithstanding the above, GSX may submit any dispute to any court of competent jurisdiction in accordance with the applicable conflicts of law rules.