Walter Surfox 54-T 011 Manual Del Usuario página 30

SURFOX Smart Passivation Tester
TM
Agreement" associated with Application Software that may be used in association with the "SURFOX
Smart Passivation Tester" device, and over the "Website Terms and Conditions of Use" relating to the
use of a Walter website and services in connection with the Product (including the website located at
the domain www.surfox.com).
19. Waiver and Modification. Any modification of this Agreement must be agreed to in a writing
signed by an authorized representative of Walter, and must specifically reference this Agreement. No
failure, delay or omission in the exercise of any right or remedy by Walter shall impair such right or
remedy or be construed as a waiver of such right or remedy or any other right or remedy. A waiver,
consent or approval of any act of Customer by Walter shall not be deemed to waive or render
unnecessary consent to or approval of any other subsequent act of Customer.
20. Further Assurances. Each party hereto shall execute such further documents and take such
further steps as may be necessary or desirable to give effect to this Agreement.
21. Governing Law. This Agreement and the sales thereunder shall be governed by and
construed in accordance with the laws of the Province of Quebec, without reference to its conflict of
laws provisions. The United Nations Convention on the International Sale of Goods shall not apply.
Walter hereby specifically disclaims the UN Convention on Contracts for the International Sale of
Goods.
22. Assignment. This Agreement shall enure to the benefit of and be binding upon the parties
and their respective successors and permitted assigns. Customer shall not assign its rights or delegate
the performance of its obligations hereunder, without the prior written consent of Walter. Any
attempted assignment in violation of this provision is wholly void and totally ineffective for all purposes.
Walter reserves the right to assign this Agreement.
23. Not for Resale. Customer agrees and represents that it is buying the Products and/or
Services for its own internal use only, and not for resale.
24. Severability. The provisions of this Agreement, whether or not contained in the same
section, are independent and separable. If any of the provisions of this Agreement shall be invalid or
unenforceable under the laws of the jurisdiction where enforcement is sought, or to the extent that the
validity, legality, or enforceability of any limitations on and disclaimers of liability are affected by local
consumer protection legislation, such invalidity, illegality or unenforceability shall not invalidate or
render unenforceable the entire Agreement but rather the entire Agreement shall be construed as if not
containing the particular invalid, illegal or unenforceable provision or provisions and the rights and
obligations of the parties shall be construed and enforced accordingly, with the invalid, illegal or
unenforceable provision modified so as to be enforced to the fullest extent possible under the laws of
that jurisdiction.
25. Interpretation. The language in all parts of this Agreement shall be in all cases construed
simply according to its fair meaning and not strictly for or against any of the parties hereto. Any rule of
construction that any ambiguities are to be resolved against the drafting party shall not be employed in
the interpretation of this Agreement. The headings contained in this Agreement are used solely for
convenience and do not constitute a part of the Agreement, nor should they be used to aid in any
manner in the construction or interpretation of this Agreement. Any reference to "agree", "agrees",
"represent", "represents", "acknowledge", "acknowledges", or any "acknowledgement" by Customer in
this Agreement, shall refer in all cases to Customer's acceptance of this Agreement through Customer's
use or continued use of the Product in accordance with this Agreement.
26. Export Laws. The Products may be subject to the export control laws and regulations of
Canada and the United States, including the U.S. Export Administration Act, and may be subject to
export or import laws and regulations in other countries. Customer agrees to comply strictly with all
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