Walter SURFOX 54-T 011 Manuel D'utilisateur page 24

SURFOX Smart Passivation Tester
TM
laws of the Province of Quebec (without regard to conflict of law principles). All legal proceedings
arising out of or in connection with this EULA shall be brought solely in the courts of the Province of
Quebec. You expressly submit and attorn to the exclusive jurisdiction of said courts and consent to
extra-territorial service of process. The United Nations Convention on the International Sale of Goods
shall not apply. We hereby specifically disclaim the UN Convention on Contracts for the International
Sale of Goods.
8.6 Severability. The provisions of this EULA, whether or not contained in the same section, are
independent and separable. If any of the provisions of this EULA 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 EULA but rather the entire EULA 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.
8.7 Reservation of Rights. The rights and remedies of Walter set forth in this EULA are in
addition to any rights or remedies Walter may otherwise have at law or in equity.
8.8 Authority to Bind. If you are entering this EULA on behalf of a company, you warrant that
you have authority to do so.
8.9 Interpretation. The language in all parts of this EULA 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 EULA. The headings contained in this EULA are used solely for convenience
and do not constitute a part of the EULA, nor should they be used to aid in any manner in the
construction or interpretation of this EULA. Any reference to "agree", "agrees", "represent",
"represents", "acknowledge", "acknowledges", or any "acknowledgement" by you in this EULA, shall
refer in all cases to your acceptance of this EULA through downloading, installing, or making use of the
Product in accordance with this EULA.
8.10 Currency. In this EULA, all dollar amounts are expressed in Canadian currency.
8.11 Entire Agreement. This EULA constitutes the entire agreement between you and Walter with
respect to the Product and/or any Support Services, and this EULA supersedes all previous communi-
cations, representations, warranties, understandings, and agreements, whether electronic, oral, or
written, between you and Walter relating to the subject matter of this EULA. With respect to the subject
matter hereof, this EULA shall take precedence over the "Terms and Conditions of Sale" associated
with "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).
8.12 Independent Parties. The parties hereto are and shall remain independent contractors.
Nothing herein shall be deemed to establish a partnership, joint venture or agency relationship between
parties. Neither party shall have the right to obligate or bind the other party in any manner to any third
party.
8.13 Choice of Language. The parties acknowledge that they require that this Agreement be
drawn up in the English language only. Les parties reconnaissent qu'elles ont exigé que la présente
convention soit rédigée en langue anglaise seulement.
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