STRATUS TECHNOLOGIES IRELAND, LTD. -2005

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BASIS OF THE CLAIM OR ACTION WILL BE LIMITED TO THE AMOUNT PAID TO STRATUS FOR THE SPECIFIC SERVICE OPTON COVERING THE PRODUCT(S) THAT CAUSED THE DAMAGES OR LOSSES. Because some states or countries do not allow a limitation on the duration of an implied warranty or the exclusion of incidental or consequential damages, the above limitations and/or exclusions may not apply to you. 13. Imaort and Export. The Products are of U.S. origin and are subject to U.S. import and export control laws and regulations, including end-user, end-use and destination restrictions issued by the U.S. and other governments ("Import and Export Controls"). You ogee that you will not import, export, directly or indirectly, re-export, divert, or transfer Products or, any materials, items or technology relating to Stratus or the Licensors or related technical data or any direct product thereof to any destination, company or person restricted or prohibited by Import and Export Controls. 14. General Terms: 14.1. These terms and conditions together with all applicable Service Option descriptions and Purchase orders constitute the entire agreement between you and Stratus regarding the subject matter hereof and supersedes all previous and contemporaneous written and oral representations, proposals and communications,. The United Nations Convention on the International sale of Goods shall not apply to the provision of any Products hereunder. 14.2. Location of Service: We will provide Maintenance Services only at the locations(s) specified upon purchase of a Service Level Offering unless we agree otherwise, in writing. 14.3. Claims of Confidentiality or Proprietary Rights: You agree that any information or data disclosed or sent to Stratus, over the telephone, electronically or otherwise, is not confidential or proprietary to you. 14.4. Term and Termination: This Agreement shall continue until it is terminated by one or both of the Parties, as provided herein. You may terminate this Agreement without incurring a termination charge, at any time after expiration of the initial twelve (12) month term if you famish Stratus thirty (30) days prior written notice of your intent to do so, provided, however, that any prepaid service charges shall be forfeited unless termination is due to Stratus' breach. If you fail to give Stratus the required thirty (30) days advance written notice, you agree to pay Stratus a termination chazge equal in amount to the service charges you would have paid had you given Stratus the required thirty(30) day written notice. Stratus may terminate this Agreement with immediate effect in the event that you have breached one or more of your material obligations under this Agreement and failed to cure that breach within thirty (30) days of receipt of written notice thereof from Stratus. I4.5. Assignment: You may not assign or transfer any of your rights or obligations under this Agreement without Stratus' prior written consent, which shall not be unreasonably withheld. Any attempt by you to make any such assignment or transfer without our express written consent will be deemed void. Stratus reserves the right to assign any or all of its rights and to delegate any or all of its obligations hereunder to one or more of its affiliates. Additionally, Stratus shall have the right to assign this Agreement in connection with the sale or transfer of all or substantially all of its assets.