MEDQUIST, OPERATE AS A FULL SATISFACTION TO CUSTOMER FOR ANY AND ALL CLAIMS
RELATED THERETO.
IN FURTHER VIEW OF THE FOREGOING, CUSTOMER ACKNOWLEDGES AND
AGREES THAT IN THE EVENT A COURT OF COMPETENT JURISDICTION OR AN ARBITRATION
PANEL RULES THIS EXCLUSIVE REMEDY DOES NOT GIVE THE CUSTOMER THE BENEFIT OF ITS
BARGAIN OR THAT SUCH EXCLUSIVE REMEDY FAILS FOR ANY REASON, THEN ANY SUCH RULING
WITH REGARD TO SUCH EXCLUSIVE REMEDY OR ANY SUCH FAILURE OF SUCH EXCLUSIVE
REMEDY, SHALL NOT EFFECT OR MODIFY IN ANY WAY, AN LIMITATION OR EXCLUSION OF
WARRANTIES, AND ALL SUCH LIMITATIONS AND EXCLUSIONS SHALL CONTINUE IN FULL FORCE
AND EFFECT.
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15.
THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE LISTED IN
CUSTOMER'S ADDRESS ON THE FINAL TERMS OF SALE REFERENCED BY THE PRODUCT SALES
AGREEMENT WITHIN WHICH THIS EULA IS INCORPORATED.
ANY TERM OR CONDITION
PROHIBITED BY LAW SHALL, TO THE EXTENT PROHIBITED, BE INEFFECTIVE WITHOUT
AFFECTING THE OTHER TERMS AND CONDITIONS.
16.
ALL PARTIES ACKNOWLEDGE AND AGREE THAT IN ENTERING INTO THIS
TRANSACTION, THEY HAVE NOT RELIED UPON ANY REPRESENTATION REGARDING THIS EULA,
OTHER THAN THOSE EXPLICITLY SET FORTH HEREIN.
FURTHER, THE PARTIES EXPRESSLY
ADMIT THAT ANY TERM OR CONDITION WHICH IS, OR MAY BE ASSERTED, AS MATERIAL BY
ANY PARTY AND WHICH IS NOT EXPRESSLY STATED IN THIS EULA, SHALL NOT BE PART OF
THIS EULA AND SHALL NOT BE BINDING ON ANY PARTIES HERETO.
EACH PARTY WAIVES ALL
DEFENSES, WITH REGARD TO ANY SUCH ASSERTED MATERIAL, TERM, OR CONDITIONS NO
EXPRESSLY STATED WITHIN THIS EULA.
17.
IF EITHER PARTY TO THIS EULA IS TEMPORARILY UNABLE TO PERFORM ITS
OBLIGATIONS BECAUSE OF CAUSES REASONABLY BEYOND ITS CONTROL, THEN NO LIABILITY
TO THE OTHER PARTY OR RIGHT TO TERMINATE SHALL EXIST FOR FAILURE OF THAT PARTY
TO PERFORM DURING SUCH PERIOD.
18.
MEDQUIST'S FAILURE TO INSIST ON STRICT PERFORMANCE OF THIS EULA OR
TO ENFORCE A DEFAULT UPON THE OCCURRENCE OF ANY SINGLE, REPEATED OR CONTINUING
VIOLATION OF ANY PARTICULAR TERM OR CONDITION HEREOF SHALL NOT BE CONSIDERED AND
WAIVER OF MEDQUIST'S RIGHT TO INSIST ON STRICT PERFORMANCE OF THIS EULA OR TO
ENFORCE A DEFAULT WITH RESPECT TO THE VIOLATION OF ANY OTHER TERM OR CONDITION.
19.
NO WAIVER, CHANGE OR AMENDMENT OF ANY TERM OR CONDITION OF THIS EULA
IS EFFECTIVE AGAINST MEDQUIST UNLESS MADE IN WRITING AND SIGNED BY AN AUTHORIZED
OFFICIAL OF MEDQUIST.
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