Common use of Entire Agreement; Severability; Waiver Clause in Contracts

Entire Agreement; Severability; Waiver. This Agreement, together with all Exhibits and other attachments hereto, constitutes and represents the entire agreement between the Licensor and Licensee, and supersedes all prior agreements and understandings, with respect to the matters covered by this Agreement. All Exhibits and attachments to this Agreement are incorporated herein by reference as if set forth in f ull. To the extent this Agreement conflicts with the terms of any exhibit, attachment, purchase order, or invoice, the terms of this Agreement shall govern. End User agrees that it has not entered into this Agreement based on any representations other than those contained herein. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless agreed to in writing by both parties. If any of the provisions of this Agreement is held by a court of competent jurisdiction to be invalid under any applicable statute or rule of law, such provision shall, to that extent, be deemed omitted, and the remaining portions of this Agreement shall rem ain in f ull f orce and effect. The waiver of a breach or default or any delay in exercising any rights shall not constitute a waiver of any subsequent breach or default. The headings are for convenience and shall not be used to construe this Agreement.

Entire Agreement; Severability; Waiver. This Agreement, together with all Exhibits and other attachments hereto, constitutes and represents the entire agreement between the Licensor and Licensee, and supersedes all prior agreements and understandings, with respect to the matters covered by this Agreement. All Exhibits and attachments to this Agreement are incorporated herein by reference as if set forth in f ullfull. To the extent this Agreement conflicts with the terms of any exhibit, attachment, purchase order, or invoice, the terms of this Agreement shall govern. End User agrees that it has not entered into this Agreement based on any representations other than those contained herein. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless agreed to in writing by both parties. If any of the provisions of this Agreement is held by a court of competent jurisdiction to be invalid under any applicable statute or rule of law, such provision shall, to that extent, be deemed omitted, and the remaining portions of this Agreement shall rem ain remain in f ull f orce full force and effect. The waiver of a breach or default or any delay in exercising any rights shall not constitute a waiver of any subsequent breach or default. The headings are for convenience and shall not be used to construe this Agreement.