liability of CHRONOS under this EULA is limited to the purchase price of the Product(s) which is the sub-
ject of the dispute. The foregoing express written warranties and remedies are exclusive and in lieu of any
other warranties or remedies, express, implied or statutory.
PROPRIETARY WORKS.
The Product(s) contain trademarks, trade secrets and/or copyrighted materials of
CHRONOS or its suppliers.
You agree not to reverse engineer, decompile, or disassemble the Software, except to the extent such re-
striction is expressly prohibited by applicable law. You shall not disclose or make available such trade se-
crets or copyrighted material in any form to any third party nor remove any trademark notices, copyright
notices, or licensing terms from the Software or any components therein.
You will not (except with regard to fair use or nominative use) without CHRONOS written consent, use the
name, trademarks, trade names or logos of CHRONOS, or the name of any product or service of CHRONOS,
in any manner. If CHRONOS grants you a right to use the aforementioned, you will do so only in strict
compliance with CHRONOS trademark policies.
TERMINATION.
This EULA shall terminate upon either destruction of the Products or return of the Prod-
ucts by you to CHRONOS. In the event of a breach of the scope of use permitted by the grant in Section 2,
or if you do not comply with other materials terms and conditions of this EULA, CHRONOS shall have the
right to immediately terminate this EULA, in which case you must promptly destroy or return all Products
to CHRONOS. Notwithstanding the foregoing, the provisions of Sections 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13
shall survive termination of this EULA.
EXPORT RESTRICTION.
You acknowledge that the Software and Hardware, with the possible exception
of certain third-party components, is of United States origin. The export and re-export of the Software is
controlled by the United States Export Administration Regulations and such Software may not be exported
or re-exported to Cuba, Iran, North Korea, Sudan, Syria or any other country to which the United States
embargoes goods. In addition, the Software may not be distributed to persons on the Table of Denial Or-
ders, the Entity List, or the List of Specially Designated Nationals. By downloading or using a CHRONOS
Software Product, you are certifying that you are not a national of Cuba, Iran, North Korea, Sudan, Syria or
any other country to which the United States embargoes goods and that you are not a person on the Table
of Denial Orders, the Entity List or the List of Specially Designated Nationals.
TRANSFER AND ASSIGNMENT.
This EULA and the rights and obligations under it are not assignable by
you without the prior written approval of CHRONOS, voluntarily or by operation of law. Any attempt by
you to assign this EULA without such approval shall be void. This EULA shall inure to the benefit of the suc-
cessors and assigns of CHRONOS.
U.S. GOVERNMENT USERS.
The Software and documentation qualify as “commercial items.”
All
Government users acquire the Hardware, Software and documentation with only those rights that apply to
non-governmental customers.
GOVERNING LAW AND JURISDICTION AND DISPUTE RESOLUTION.
This EULA is to be construed in
accordance with and governed by laws of the State of Arizona, excluding its conflict of law provisions.
CHRONOS and you agree to submit to the exclusive jurisdiction of, and agree that venue is proper in, the
State or Federal Courts located in Maricopa County, Arizona, USA, for any such legal action or proceeding.
CHRONOS and you hereby expressly waive any right to a trial by jury and consent to a bench trial in the
event of a dispute. CHRONOS and you agree to attempt to resolve any dispute by direct communication
between representatives of each party who are authorized to finally resolve the dispute. The parties agree
to attempt to resolve the dispute within fourteen (14) days of notice of the dispute having been provided
to the party not invoking this clause and agree not to resort to legal action, other than injunctions, during
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RevolutionPBX Install Guide v3.4
revised 3/18/11