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12.2 Any notice given in accordance with Clause 12.1 will be deemed to have been served:
12.2.1 if delivered to or left at the Company's address, at the time the notice is delivered to or left; or
12.2.2 if delivered by pre-paid first class post or mail delivery service providing proof of delivery, at
9:00am on the second Business Day after the date of posting.
13. Assignment
Except as expressly set out in this EULA or as permitted by law, the Customer will not be permitted to
assign, transfer, charge, hold on trust for any person or deal in any other manner with any of its
rights under this EULA without the prior written consent of the Company.
14. Waiver
A delay in exercising or failure to exercise a right or remedy under or in connection with this EULA will
not constitute a waiver of, or prevent or restrict future exercise of, that or any other right or remedy,
nor will the single or partial exercise of a right or remedy prevent or restrict the further exercise of
that or any other right or remedy.
15. Severance
If any term of this EULA is found by any court or body or authority of competent jurisdiction to be
illegal, unlawful, void or unenforceable, such term will be deemed to be severed from this EULA and
this will not affect the remainder of this EULA which will continue in full force and effect.
16. Rights of Third Parties
The parties do not intend that any term of this EULA will be enforceable under the Contracts (Rights of
Third Parties) Act 1999 by any person.
17. Law
17.1 This EULA (and any non-contractual obligations arising out of or in connection with it) is governed by
the laws of England and Wales and the parties submit to the jurisdiction of the Courts of England and
Wales.
Data Protection Laws
17.2 The Customer acknowledges that for the purposes of the Data Protection Laws, to the extent any
Personal Data is involved in its use of the Hardware and Embedded Software, the Customer will be
the Data Controller in respect of such Personal Data.
17.3 In limited circumstances, the Company may have access to data stored on the Hardware which may
include user names or other Personal Data relating to the Customer's employees or authorized users
("Agreement Personal Data") where such access is required in order to provide support under the
Warranty or any hardware maintenance agreement entered into by the Customer and the Company.
The Customer authorises the Company to Process Agreement Personal Data during the term of this
EULA as a Data Processor for the purposes of performing its obligations under this EULA only.
17.4 The Customer authorises the Company to appoint sub-processors of Agreement Personal Data and
agrees to the use of the Company's existing sub-processors of Agreement Personal Data (each an
"Authorised Sub-Processor").
17.5 The Customer shall:
17.5.1 comply with the Data Protection Laws;
17.5.2 ensure that only the Personal Data that the Company requires in order to perform its
obligations under this EULA will be disclosed to, shared with and/or accessible by the Company;
and
17.5.3 obtain all necessary consents and/or provide all fair processing notices required under the Data
Protection Laws to enable the Company to lawfully receive, store, disclose and/or use all
Agreement Personal Data (whether by itself or Authorised Sub-Processors) for the purpose of
performing its obligations and exercising its rights under this EULA and as otherwise agreed by
the parties from time to time.
17.6 The Company:
17.6.1 may appoint Authorised Sub-Processors in connection with the performance of its obligation
under this EULA; and
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