8. General Provisions

8.1

The End User is not entitled to assign, pledge or otherwise dispose of its rights or obligations under this EULA to any third party without the prior written consent of Induxx.

8.2

This EULA contains the entire agreement and understanding between the Parties with respect to the subject matter hereof and supersedes and replaces all prior agreements or understandings, whether written or oral, with respect to the same subject matter that are still in force between the Parties. This EULA shall supersede both Parties general terms of agreement insofar that these are contrary to any of the articles of this EULA

8.3

Whenever possible, the provisions of this EULA shall be interpreted in such a manner as to be valid and enforceable under the applicable law. However, if one or more provisions of this EULA are found to be invalid, illegal or un-enforceable, in whole or in part, the remainder of that provision and of this EULA shall remain in full force and effect as if such invalid, illegal or unenforceable provision had never been contained herein. Moreover, in such an event, the Parties shall amend the invalid, illegal or unenforceable provision(s) or any part thereof and/or agree on a new provision in such a way as to reflect insofar as possible the purpose of the invalid, illegal or unenforceable provision(s).

8.4

Any failure or delay by a Party in exercising any right under this EULA, any single or partial exercise of any right under this EULA or any partial reaction or absence of reaction by a Party in the event of a violation by the other Party by one or more provisions of this EULA, shall not operate or be interpreted as a waiver (either express or implied, in whole or in part) of that party’s rights under this EULA or under the said provision(s), nor shall it preclude any further exercise of any such rights. Any waiver of a right must be express and in writing. If there has been an express written waiver of a right following a specific failure by a Party, this waiver cannot be invoked by the other Party in favor of a new failure, similar to the prior one, or in favor of any other kind of failure.

8.5

All notices and other forms of communication required under this EULA must be sent to:

  • e-mail: info@induxx.be; or
  • Induxx NV, Veldkant 33A, 2550 Kontich - Belgium

When the End User send e-mails to Induxx, the End User is communicating with Induxx electronically. The End User expressly consents to receive the communications from Induxx electronically. Induxx will communicate with the End User by e-mail. The End User agrees that all agreements, notices, disclosures and other communications which are provided by Induxx electronically to the End User satisfy any legal requirement that such communications must be in writing.

8.6

None of the provisions in this EULA can be interpreted as indication the intent of the Parties to form a partnership, association or joint venture.

8.7

All rights and obligations pursuant to this EULA which by their wording or nature shall continue after expiration or termination of this EULA, shall survive. This includes, without limitation, the provisions regarding Intellectual Property, Warranties and Limitation of liability.