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174 | SRA 7.0 User Guide
c) Severability. If any provision of this Agreement shall be held by a court of competent
jurisdiction to be contrary to law, such provision will be enforced to the maximum extent
permissible and the remaining provisions of this Agreement will remain in full force and effect.
d) Privacy Policy. Customer hereby acknowledges and agrees that SonicWALL’s performance
of this Agreement may require SonicWALL to process or store personal data of Customer, its
employees and Affiliates, and to transmit such data within SonicWALL or to SonicWALL
Affiliates, partners and/or agents. Such processing, storage, and transmission may be used for
the purpose of enabling SonicWALL to perform its obligations under this Agreement, and as
described in SonicWALL’s Privacy Policy (www.SonicWALL.com/us/Privacy_Policy.html,
“Privacy Policy”) and may take place in any of the countries in which SonicWALL and its
Affiliates conduct business, including countries outside of the European Economic Area.
SonicWALL reserves the right to change the Privacy Policy from time to time as described in
the Privacy Policy.
e) Notices. All notices provided hereunder shall be in writing, delivered personally, or sent by
internationally recognized express courier service (e.g., Federal Express), addressed to the
legal department of the respective party or to such other address as may be specified in writing
by either of the parties to the other in accordance with this Section.
f) Disclosure of Customer Status. SonicWALL may include Customer in its listing of customers
and, upon written consent by Customer, announce Customer's selection of SonicWALL in its
marketing communications.
g) Waiver. Performance of any obligation required by a party hereunder may be waived only by
a written waiver signed by an authorized representative of the other party, which waiver shall
be effective only with respect to the specific obligation described therein. Any waiver or failure
to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any
other provision or of such provision on any other occasion.
h) Force Majeure. Each party will be excused from performance for any period during which,
and to the extent that, it is prevented from performing any obligation or service as a result of
causes beyond its reasonable control, and without its fault or negligence, including without
limitation, acts of God, strikes, lockouts, riots, acts of war, epidemics, communication line
failures, and power failures.
i) Audit. Customer shall maintain accurate records to verify compliance with this Agreement.
Upon request by SonicWALL, Customer shall furnish (a copy of) such records to SonicWALL
and certify its compliance with this Agreement.
j) Headings. Headings in this Agreement are for convenience only and do not affect the
meaning or interpretation of this Agreement. This Agreement will not be construed either in
favor of or against one party or the other, but rather in accordance with its fair meaning. When
the term “including” is used in this Agreement it will be construed in each case to mean
“including, but not limited to.”
k) Entire Agreement. This Agreement is intended by the parties as a final expression of their
agreement with respect to the subject matter hereof and may not be contradicted by evidence
of any prior or contemporaneous agreement unless such agreement is signed by both parties.
In the absence of such an agreement, this Agreement shall constitute the complete and
exclusive statement of the terms and conditions and no extrinsic evidence whatsoever may be
introduced in any judicial proceeding that may involve the Agreement. This Agreement
represents the complete agreement and understanding of the parties with respect to the subject
matter herein. This Agreement may be modified only through a written instrument signed by
both parties.