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The following terms and conditions (collectively referred to as the "Agreement") govern the services offered by C.M.I. Cyber Musical Instrument GmbH ("www.cybermusicalinstruments.com tm") to C.M.I. Cyber Musical Instrument GmbH Clients and to C.M.I. Cyber Musical Instrument GmbH Partners. By registering with C.M.I. Cyber Musical Instrument GmbH and/or using any of the services offered by C.M.I. Cyber Musical Instrument GmbH, you agree to abide by these terms and conditions.
1. Definitions
The terms "C.M.I. Cyber Musical Instrument GmbH", "We", "Our", "Us", "www.cybermusicalinstruments.com tm" refer to the C.M.I. Cyber Musical Instrument GmbH Company.
The term "you", "your", refer to the present contracting party as a C.M.I. Cyber Musical Instrument GmbH Client and/or C.M.I. Cyber Musical Instrument GmbH Partner set forth in the present Agreement.
A C.M.I. Cyber Musical Instrument GmbH Client is an individual that uses services of www.cybermusicalinstruments.com tm in order to access information provided on the website and purchase music instruments and/or accessories.
A C.M.I. Cyber Musical Instrument GmbH Partner is an organization that registers with www.cybermusicalinstruments.com tm in order to access information provided on the website, purchase music instrument and/or accessories under the C.M.I. Cyber Musical Instrument GmbH Partner Program terms.
2. Terms for Cyber Musical Instrument LLC Client
As a C.M.I. Cyber Musical Instrument GmbH Client, you agree to provide accurate, current and complete information to C.M.I. Cyber Musical Instrument GmbH tm when making purchases on the website.
2.1 Purchases
C.M.I. Cyber Musical Instrument GmbH is in charge of all shipping costs as well as VAT incurred on the purchase of one or more instruments and/or accessories by a C.M.I. Cyber Musical Instrument GmbH Client on www.cybermusicalinstruments.com tm.
Any purchase of one or more instruments and/or accessories on www.cybermusicalinstruments.com tm can be considered as completed and accepted once the C.M.I. Cyber Musical Instrument GmbH Client has discharged himself from the amount due either in the form of a money order or a check, or by credit card payment using Paypal and Saferpay tm' secured payment system and upon confirmation of the purchase by C.M.I. Cyber Musical Instrument GmbH.C.M.I. Cyber Musical Instrument GmbH give you a 30 days return policy as well as a complementary warranty of 360 days
2.2 Delivery
C.M.I. Cyber Musical Instrument GmbH is in charge of all shipping costs and FRET costs relating to the delivery of merchandise to C.M.I. Cyber Musical Instrument GmbH Clients. Delivery time of merchandise purchased on www.cybermusicalinstruments.com tm is subject to product availability from the manufacturer and to the shipping carrier being chosen by C.M.I. Cyber Musical Instrument GmbH.
www.cybermusicalinstruments.com tm is in no circumstances answerable for the timely or delayed delivery of merchandise to C.M.I. Cyber Musical Instrument GmbH Clients by manufacturers or shipping carriers. For more information please read the Delivery Policy by clicking here.
2.3 Warranty
Each instrument and accessory bought by the customer is granted a one year warranty by its manufacturer present on www.cybermusicalinstruments.com tm, valid upon receipt of the merchandise by the C.M.I. Cyber Musical Instrument GmbH Client, either at the store of the certified C.M.I. Cyber Musical Instrument GmbH Partner retailer or directly at the residence of the former.
2.4 Damages
C.M.I. Cyber Musical Instrument GmbH is in no circumstances answerable for any damage incurred during delivery or prior to delivery of products purchased by the C.M.I. Cyber Musical Instrument GmbH Client.
2.5 Return Policy
The manufacturer is in charge (shipping costs, replacement of merchandise) of potential returns by C.M.I. Cyber Musical Instrument GmbH Clients for damaged or defective merchandise purchased on www.cybermusicalinstruments tm and resulting from mishandling or manufacturing fault by the manufacturer prior to delivery, or when it can be reasonably proven that the manufacturer did not ensure about the quality of packaging.
The carrier is in charge (shipping costs, replacement of merchandise) of potential returns by C.M.I. Cyber Musical Instrument GmbH Clients for damaged merchandise purchased on www.cybermusicalinstruments.com tm and resulting from mishandling on the carrier's part during the time of delivery.
Possible returns of merchandise are to be made within 30 days upon receipt of the merchandise.
2.6 Refund Policy
Refunds for merchandise purchased on www.cybermusicalinstruments.com tm are subject to the present Agreement and depend on the C.M.I. Cyber Musical Instrument GmbH Client's ability to prove the damage and therefore justify his claim for a refund. C.M.I. Cyber Musical Instrument GmbH will attempt to solve any financial concern, or prejudice on the C.M.I. Cyber Musical Instrument GmbH Clients' part by mean of its relations with C.M.I. Cyber Musical Instrument GmbH Partners, manufacturers, shipping carriers, its systems, resources, all within boundaries of the present Agreement.
C.M.I. Cyber Musical Instrument GmbH Clients agree that www.cybermusicalinstruments.com tm is not responsible for resolving any disputes that might arise between or among C.M.I. Cyber Musical Instrument GmbH Clients, C.M.I. Cyber Musical Instrument GmbH Partners, Manufacturers present on the website, or third parties.
3. Terms of C.M.I. Cyber Musical Instrument GmbH Partner Program
Terms under point 2 "Terms for C.M.I. Cyber Musical Instrument GmbH Client" apply to all C.M.I. Cyber Musical Instrument GmbH Partners in addition to the following conditions:
In addition to the terms under point 2.1 "Purchases", C.M.I. Cyber Musical Instrument GmbH is not in charge of value added tax (VAT) incurred on the purchase of one or more instruments and/or accessories by a C.M.I. Cyber Musical Instrument GmbH Partner aimed solely at replenishing its stock. Furthermore, payments by wire transfers, money orders or checks are to be made within 30 days after receipt of the merchandise.
In addition to the terms under point 2.2 "Delivery", C.M.I. Cyber Musical Instrument GmbH is not in charge of shipping costs relating to the delivery of merchandise by a C.M.I. Cyber Musical Instrument GmbH Partner to a C.M.I. Cyber Musical Instrument GmbH Client. These costs are to the charge of C.M.I. Cyber Musical Instrument GmbH Partners and are in no circumstances chargeable to C.M.I. Cyber Musical Instrument GmbH Clients.
The C.M.I. Cyber Musical Instrument GmbH Partner Program is provided to C.M.I. Cyber Musical Instrument GmbH under this Agreement and under any operating policies that www.cybermusicalinstruments.com may establish, which once established become part of this Agreement.
Currently, the C.M.I. Cyber Musical Instrument GmbH Partner Program is free to C.M.I. Cyber Musical Instrument GmbH Partner, although www.cybermusicalinstruments.com tm reserves the right to charge for it in the future. C.M.I. Cyber Musical Instrument GmbH reserves the right to modify or discontinue the C.M.I. Cyber Musical Instrument GmbH Partner Program or any feature of the C.M.I. Cyber Musical Instrument GmbH Partner Program, temporarily or permanently, without notice to the C.M.I. Cyber Musical Instrument GmbH Partner, and C.M.I. Cyber Musical Instrument GmbH Partner agree that www.cybermusicalinstruments.com tm shall not be liable for any such modifications or any discontinuation of service.
By registering with www.cybermusicalinstruments tm, the C.M.I. Cyber Musical Instrument GmbH Partner agrees not to resell for commercial purposes the C.M.I. Cyber Musical Instrument GmbH Partner Program, or use of or access to the service.
As part of the registration process for the C.M.I. Cyber Musical Instrument GmbH Partner Program, a password will be assigned to the C.M.I. Cyber Musical Instrument GmbH partner. The C.M.I. Cyber Musical Instrument GmbH Partner is solely responsible for keeping the password confidential. The C.M.I. Cyber Musical Instrument GmbH Partner also is solely responsible for all activities that occur under the Partner's password or account. The C.M.I. Cyber Musical Instrument GmbH Partner should notify www.cybermusicalinstruments.com tm of any unauthorized use of the Partner's password or account, or any other breach of security.
The C.M.I. Cyber Musical Instrument GmbH Partner agrees to provide accurate, current and complete information to www.cybermusicalinstruments.com tm when registering, and to let www.cybermusicalinstruments.com know of any changes to this information. Failure to do so may result in termination.
C.M.I. Cyber Musical Instrument GmbH reserves the right to modify or discontinue any service or any feature of a service offered to C.M.I. Cyber Musical Instrument GmbH Partners, temporarily or permanently, without notice to the C.M.I. Cyber Musical Instrument GmbH Partner. Except as otherwise agreed, www.cybermusicalinstruments.com tm shall not be liable to any C.M.I. Cyber Musical Instrument GmbH Partner for any such modifications or any discontinuation of service.
C.M.I. Cyber Musical Instrument GmbH may make changes to this Agreement and a C.M.I. Cyber Musical Instrument GmbH Partner's continued use of the C.M.I. Cyber Musical Instrument GmbH Partner Program constitutes the Partner's acceptance of any such changes. Notice of changes will be posted on the C.M.I. Cyber Musical Instrument GmbH website.
By accepting any services of www.cybermusicalinstruments.com tm or participating in the C.M.I. Cyber Musical Instrument GmbH Partner Program, C.M.I. Cyber Musical Instrument GmbH Partners agree to be bound by this Agreement. C.M.I. Cyber Musical Instrument GmbH may impose additional terms and conditions on the C.M.I. Cyber Musical Instrument GmbH Partner Program, which terms and conditions are, unless expressly stated otherwise, in addition to the terms and conditions set forth in this Agreement.
C.M.I. Cyber Musical Instrument GmbH Partners are solely responsible for ensuring that all communications and activities relating to their account comply with this Agreement.
4. Disclosure of C.M.I. Cyber Musical Instrument GmbH Client Information
www.cybermusicalinstruments.com tm will not disclose personally identifiable information about a C.M.I. Cyber Musical Instrument GmbH OnLine Client unless www.cybermusicalinstruments.com tm believes such disclosure is reasonably necessary to: (1) comply with the law or legal process, (2) protect or defend the rights or property of www.cybermusicalinstruments.com tm or others, (3) enforce this Agreement, (4) respond to claims that the contents of any communications violate the rights of others, or (5) as otherwise provided in the Agreement.
C.M.I. Cyber Musical Instrument GmbH does disclose certain information about C.M.I. Cyber Musical Instrument GmbH Client to C.M.I. Cyber Musical Instrument GmbH Partners, in order to secure purchases and transactions conducted over www.cybermusicalinstruments.com tm by C.M.I. Cyber Musical Instrument GmbH clients.
For more information on how www.cybermusicalinstruments.com tm uses C.M.I. Cyber Musical Instrument GmbH Client information, please read the C.M.I. Cyber Musical Instrument GmbH OnLine privacy policy by clicking here.
5. Prohibited Conduct
C.M.I. Cyber Musical Instrument GmbH Partners and C.M.I. Cyber Musical Instrument GmbH Clients agree that they will not use any service offered by www.cybermusicalinstruments.com(tm) to transmit, disseminate or upload:
- Unlawful, fraudulent, harassing, libellous, tortuous, abusive, threatening, or obscene communications of any kind;
- Content that infringes or violates any third party's intellectual property rights, including patents, copyright, trademark, trade secret, privacy, rights of privacy, or other proprietary or property rights;
- Content that constitutes a criminal offence, violates any Swiss and International laws regarding the transmission of technical data or software exported from Switzerland, gives rise to civil liability or otherwise violates any applicable law or regulation;
- Content that is otherwise objectionable, including without limitation, content that contains blatant bigotry, racism, or hatred, or that promotes illegal activities or physical harm against anyone;
- Viruses or other harmful, disruptive or destructive files, files that otherwise interfere with or disrupt computer systems or networks, or files that attempt to gain unauthorized access to computer systems or networks;
- Content containing nudity, sexually explicit or pornographic material of any kind;
- Spam, chain letters, junk mail, multilevel marketing messages or offers or any other type of unsolicited mass email to people or entities who have not agreed to receive such mailings, unless in such fields specified by www.cybermusicalinstruments.com tm
C.M.I. Cyber Musical Instrument GmbH Partners agree not to collect, gather, store nor to disseminate, share or sell for their own benefits or those of a third party, personal information about C.M.I. Cyber Musical Instrument GmbH clients provided to them by www.cybermusicalinstruments.com tm for the sole purpose of securing purchases and transactions conducted over www.cybermusicalinstruments.com tm by C.M.I. Cyber Musical Instrument GmbH clients.
C.M.I. Cyber Musical Instrument GmbH Clients and C.M.I. Cyber Musical Instrument GmbH Partners further agree: (a) not to disrupt or interfere with another person's or organization's use or enjoyment of any service offered by www.cybermusicalinstruments.com tm; (b) not to use or attempt to use another person's or organization's account, service or system without authorization from the owner, or to disrupt or interfere with the security of, or otherwise abuse any service offered by www.cybermusicalinstruments.com tm, system resource or account, or any servers; (c) not to attempt to obtain unauthorized access to any service offered by www.cybermusicalinstruments.com tm); (d) not to forge header or address information or otherwise impersonate another or create a false identity; (e) not to systematically extract, collect or harvest, through electronic means or otherwise, any data or data fields, including without limitation, lists, list owner identities,!
or email addresses, from the C.M.I
Cyber Musical Instrument GmbH website; (f) that each is solely responsible for her, his or its actions in relation to any service offered by www.cybermusicalinstruments.com tm); (g) that each will comply with all laws relating to the transmission of technical data or software exported from Switzerland; and, (h) that each will comply with all applicable local, state, national, and international laws and regulations, including without limitation those related to privacy and data collection.
C.M.I. Cyber Musical Instrument GmbH may at its sole discretion remove any material or lists that are used in connection with any service offered by www.cybermusicalinstruments.com tm or in connection with the C.M.I. Cyber Musical Instrument GmbH Partner Program that appears to violate any of the terms and conditions or spirit of this Agreement.
6. Termination of Relationships
Termination of relationship from the C.M.I. Cyber Musical Instrument GmbH Partner's part must be communicated to C.M.I. Cyber Musical Instrument GmbH in written with a 30 days notice.
C.M.I. Cyber Musical Instrument GmbH may immediately limit or terminate its relationship with any C.M.I. Cyber Musical Instrument GmbH if that C.M.I. Cyber Musical Instrument GmbH Partner, in www.cybermusicalinstruments.com tm's sole discretion, has violated the terms or conditions or spirit of this Agreement.
C.M.I. Cyber Musical Instrument GmbH may at its sole discretion change, terminate, or bar access by a C.M.I. Cyber Musical Instrument GmbH Partner to his or her C.M.I. Cyber Musical Instrument GmbH account for any reason, with or without notice to C.M.I. Cyber Musical Instrument GmbH Clients and without any liability to you or any third party.
The following provisions of the Agreement survive its termination: Proprietary Rights, Disclaimer of Warranties, Limitations of Liability, and Indemnification, even though termination shall prevent the terminated party from using any service offered by www.cybermusicalinstruments.com tm.
7. Proprietary Rights
C.M.I. Cyber Musical Instrument GmbH is the owner of the C.M.I. Cyber Musical Instrument GmbH and www.cybermusicalinstruments.com tm) names and marks and related C.M.I. Cyber Musical Instrument GmbH formative marks (collectively referred to as the "C.M.I. Cyber Musical Instrument GmbH name and marks"). C.M.I. Cyber Musical Instrument GmbH retains exclusive control over the advertising and use of the C.M.I. Cyber Musical Instrument GmbH name and marks.
Content available via www.cybermusicalinstruments.com tm, including, without limitation, text, graphics, software, music, sound, photographs, and videos, and any content provided by any third-party advertiser, may be protected by copyrights, trademarks, service marks, patents or other proprietary rights or laws. A C.M.I. Cyber Musical Instrument GmbH Client may download one copy of this content for his or her personal use only, as long as the Client keeps all copyright and other proprietary notices intact. All other copying, use, distribution or creation of derivative works of the content available via www.cybermusicalinstruments.com tm is expressly prohibited unless otherwise expressly authorized by www.cybermusicalinstruments.com.com tm or the applicable advertiser.
C.M.I. Cyber Musical Instrument GmbH Clients and C.M.I. Cyber Musical Instrument GmbH Partners may not "frame" any content into C.M.I. Cyber Musical Instrument GmbH' Web site or "frame" content from www.cybermusicalinstruments.com tm's website into any other site.
8. C.M.I. Cyber Musical Instrument GmbH Service Availability
Although www.cybermusicalinstruments tm strives to maintain the availability of its service 24 hours a day, it makes no representation or promise that the service will always be available, and the C.M.I. Cyber Musical Instrument GmbH Client or C.M.I. Cyber Musical Instrument GmbH Partner agrees that www.cybermusicalinstruments.com.com tm is not liable to you or any third party for the temporary or permanent unavailability of the service.
9. Messages
Unless otherwise stated by the C.M.I. Cyber Musical Instrument GmbH Client or C.M.I. Cyber Musical Instrument GmbH Partner,C.M.I. Cyber Musical Instrument GmbH Clients or Partners agree to receive messages pertaining to the interests they have selected when prompted to.
10. DISCLAIMER OF WARRANTIES
www.cybermusicalinstruments.com tm's SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF ANY SERVICE OFFERED BY C.M.I. Cyber Musical Instrument GmbH tm tm DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
www.cybermusicalinstruments.com tm DOES NOT MAKE ANY WARRANTY THAT ITS SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT ANY SERVICE OFFERED BY www.cybermusicalinstruments.com tm WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES www.cybermusicalinstruments.com tm MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY SERVICE OFFERED BY www.cybermusicalinstruments tm OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH ANY SERVICE OFFERED BY www.cybermusicalinstrumets tm.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY SERVICE OFFERED BY www.cybermusicalinstruments.com tm IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
www.cybermusicalinstruments.com tm DOES NOT MAKE ANY WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM ANY SERVICE OFFERED BY www.cybermusicalinstruments.com tm, OR ANY TRANSACTIONS ENTERED INTO BY USE OF OR THROUGH ANY SERVICE OFFERED BY www.cybermuscalinstruments.com tm.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM www.cybermusicalinstruments.com tm OR THROUGH ANY SERVICE OFFERED BY www.cybermusicalinstruments.com.net tm SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
11. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL www.cybermusicalinstruments.com tm OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE ANY SERVICE OFFERED BY www.cybermusicalinstruments.com tm, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO BY MEANS OF OR THROUGH ANY SERVICE OFFERED BY cybermusicalinstruments.com tm, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF www,cybermusicalinstruments.com tm HAS BEE!
N ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE THAT C.M.I. Cyber Musical Instrument GmbH.net tm IS NOT LIABLE FOR ANY FAILURE TO DELIVER, HOLD, OR STORE EMAIL TRANSMITTED THROUGH THE SERVICE. YOU AGREE THAT cybermusicalinstruments.com tm DOES NOT ENDORSE THE SUBJECT MATTER OF ANY OF THE CONTENTS OF COMMUNICATIONS TRANSMITTED THROUGH ITS SERVICE. YOU ALSO AGREE THAT cybermusicalinstruments.com tm SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU, OR TO ANYONE, FOR THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR ARISING FROM USE OF ANY SERVICE OFFERED BY cybermusicalinstrumets.com tm. IF YOU ARE DISSATISFIED WITH ANY SERVICE OFFERED BY cybermusicalinstruments.com tm, YOUR EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
12. Indemnification
You agree to indemnify, defend, and hold harmless www.cybermusicalinstruments.com tm, its parents, subsidiaries, affiliates, officers, directors, employees, agents, and suppliers, and their respective affiliates, officers, directors, employees, and agents, from any claim, action, demand, or damage, including reasonable attorney's fees, made by any third party or governmental agency arising out of or related to your use of any service offered by www.cybermusicalinstruments.com tm or your violation of this Agreement, including without limitation, claims or suits for libel, violation of rights of privacy or publicity, interference with property rights, trespass, copyright infringement, trademark infringement, patent infringement or plagiarism. C.M.I. Cyber Musical Instrument GmbH may, at its sole discretion, assume the exclusive defence and control of any matter subject to indemnification by you. The assumption of such defence or control by cybermusicalinstru!
ments.com tm, however, shall not excuse any of your indemnity obligations.
13. Construction of Agreement and Applicable Law
This Agreement shall be governed by and construed in accordance with the laws of the canton of Vaud, without giving effect to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located respectively within the commune of Lausanne, Vaud canton in Switzerland. You agree that any claim or cause of action arising out of your use of any service offered by www.cybermusicalinstruments.com tm or this Agreement must be filed within one year after such claim or cause of action arose or it shall be forever barred, notwithstanding any statute of limitations or other law to the contrary. The parties further agree that in the event of litigation between the parties hereto to enforce any rights hereunder arises, the unsuccessful party to such litigation will pay to the prevailing party therein all costs and expenses including, but not limited to attorneys' fees and costs, actually incurred by the prevai!
ling
party.
14. Binding Effect of the Agreement
All clauses and covenants contained in this Agreement are severable and in the event any of them is held to be invalid by any court, this Agreement will be interpreted as if such invalid clauses and covenants were not contained herein.
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