All notices, requests and other communication given by you to GAF hereunder must be sent in writing by email to LLBP-EULA@gaf.com
or LL Building Products Inc., a subsidiary of GAF, 295 McKoy Rd., Burgaw, NC 28425. This EULA is the entire agreement between you and GAF with respect to, and supersedes any previous oral or written communications or documents (including, without limitation, if you are obtaining an update, any agreement that may have been included with an earlier version of the App) concerning the subject matter of this EULA. Without limiting anything in Sections 9 or 10, your purchase of the Fan is governed by the limited warranty provided with the Fan and not this EULA. This EULA does not afford you any greater rights with respect to the Fan than are set forth in the limited warranty provided with the Fan, and any breach or violation by GAF of the terms of this EULA shall not be deemed to be a violation or breach of the terms of the limited warranty provided with the Fan. GAF’s termination of this EULA for any reason or GAF’s modification or discontinuance of the App, or any part or functionality thereof, shall not impact your rights under the limited warranty provided with the Fan. This EULA is governed by the laws of the State of New Jersey, USA without regard to conflicts of laws principles. You agree that any dispute arising from or relating to this EULA shall be brought exclusively in a court of competent jurisdiction, federal or state, located within Morris County, New Jersey, and in no other jurisdiction, and you hereby consent to personal jurisdiction and venue in, and agree to service of process issued or authorized, by any such court. This EULA will not be governed by the U.N. Convention on Contracts for the International Sale of Goods. In the event any provision of this EULA is found to be invalid or unenforceable, it will be enforced to the extent permissible and the remainder of this EULA will remain in full force and effect. Failure by GAF to prosecute any right with respect to a default hereunder will not constitute a waiver by GAF or the right to enforce rights with respect to the same or any other breach. All GAF Parties are intended third-party beneficiaries of this EULA and, upon your acceptance of this EULA, all GAF Parties will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary. Subject to the preceding sentence and Section 17, this EULA is between you and GAF and there are no third-party beneficiaries. You are responsible for compliance with all applicable laws and regulations. No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this EULA. Any heading, caption, or section title contained in this EULA is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
17. End-User Terms Required by Apple.
You acknowledge and agree that (a) this EULA is concluded between you and GAF, and not Apple, Inc. (“Apple
”); (b) GAF, and not Apple, is solely responsible for the App; (c) Apple has no responsibility whatsoever to furnish any maintenance and support services with respect to the App; (d) in the event of any failure of the App to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price you paid for App; (e) to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App; (f) Apple is not responsible for any claims that you have arising out of your use of the App; (g) Apple will have no responsibility whatsoever for the investigation, defense, settlement or discharge of any third party claim that the App infringes that third party’s intellectual property rights; and (h) Apple and its subsidiaries are third party beneficiaries of this EULA and, upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary. If you have any questions, complaints, or claims with respect to the App, please contact LLBP-EULA@gaf.com
or LL Building Products Inc., a subsidiary of GAF, 295 McKoy Rd., Burgaw, NC 28425, (800) 211-9612.