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8. GENERAL. The Parties are independent contractors and nothing in this Agreement is intended or intended to establish an agency, partnership or joint venture relationship between them. All notices under this Agreement must be in writing and sent by night international mail or by certified or registered prepaid U.S. mail. Neither party may assign, transfer or sublicense any obligations or benefits arising from this Agreement without the written consent of the other party, and any attempt to do so shall not be valid; provided, however, that one of the Parties may, without consent, assign this Agreement to a related undertaking or to a purchaser of all or, in substance, all of the Party`s equity, assets or activities. The failure of one of the parties to assert its rights under this Agreement at any time during a given period shall not be construed as a waiver of those rights. This Agreement constitutes the entire Agreement between the Parties and supersedes all oral or written proposals, negotiations, discussions or discussions between or between the Parties regarding the subject matter of this Agreement and any transactions or agreements entered into. In the event of any conflict between any provision of this Agreement and other agreements between the parties, this Agreement shall be a priority and rule regarding the use of an Evaluation Product by the Customer during the Evaluation Period and any claims, problems or provisions relating thereto. Customer acknowledges that current purchasing decisions are not made based on the schedule or particularities described in statements, demonstrations or presentations, and if Infoblox delays or never introduces future products, features or enhancements, the customer`s current purchasing decisions are not affected.

This Agreement may not be modified, modified or waived unless proven in writing and signed for and on behalf of both parties. In the event that any provision of this Agreement is held to be unlawful or unenforceable, that provision shall be limited or deleted to the minimum necessary to ensure that such Agreement remains fully operational, effective and enforceable. This Agreement shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of laws rules or the United Nations Convention on the International Sale of Goods). In any legal action or in any proceeding to enforce rights under this Agreement, the winning party shall have the right to recover attorneys` fees and expenses. a) software products provided by Infoblox under this Agreement are subject to Customer`s license only for the duration of the Evaluation Period of Use in Object Code Form only in the Product with which they are delivered for Evaluation by Customer. . . .

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