permanently deleting or destroying the Product, any copies thereof and any related materials provided
by Walter.
7.3
Termination with Cause. Without prejudice to any of Walter's rights, this EULA shall
terminate automatically if you fail to comply with any of the terms of this EULA. In such event, you shall
immediately delete or destroy the Product, any copies thereof and any related materials provided by
Walter.
7.4
Termination of Rights. Upon termination of this EULA for any reason, all rights, privileges,
and licenses granted to you hereunder shall forthwith terminate. Walter shall not be liable to you, or any
third party, for damages of any sort resulting from the termination of this EULA in accordance with its
terms.
Article 8.
MISCELLANEOUS
8.1
Notices. Any notice to Walter shall be made in writing and shall be deemed to have been
given if it is in writing and is delivered in person, sent by courier or registered mail, or transmitted by
confirmed facsimile, addressed to Walter at its address or facsimile number noted below:
Walter Surface Technologies
5977 Trans Canada Highway West
Pointe-Claire, Quebec
H9R 1C1
Attention: Research & Development, Re: Passivation Tester
Phone: 514-630-2800
Toll Free: 1-800-363-7368
Fax: 514-630-2825
Notices shall be deemed effective on the date of delivery in the case of personal delivery and courier,
on the date of transmission in the case of facsimile that is electronically confirmed or on the fifth day
after it was mailed in the case of registered mail.
8.2
Export Control Laws. You acknowledge and agree that the Product and any Support
Services may be subject to export control laws, restrictions and regulations of Canada and the United
States of America. You agree to comply strictly with all then-current applicable laws, rules and
regulations relating to the import and export of the Product.
8.3
Waiver and Modification. Any modification of this EULA must be agreed to in a writing
signed by an authorized representative of Walter, and must specifically reference this EULA. Walter may
modify the terms of this EULA at any time with written notice to you. If you do not agree with any such
modification, your only remedy shall be to terminate this EULA. You may not modify this EULA without
the express written consent of an officer of Walter. 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 yours by Walter shall
not be deemed to waive or render unnecessary consent to or approval of any other subsequent act of
yours.
8.4
Assignment. This EULA shall enure to the benefit of and be binding upon the parties and
their respective successors and permitted assigns. You shall not resell or assign or otherwise transfer
your rights or obligations under this EULA without the express written authorization of Walter. Walter
may assign or transfer any and all of its rights and obligations under this EULA to any other party
without notice to you.
8.5
Governing Law. This EULA shall be governed by and construed in accordance with the
SURFOX
Smart Passivation Tester
TM
Owner's manual
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