14. Miscellaneous
a. No Third Party Rights
This Agreement does not provide any third party with a remedy, claim, or right of reimbursement.
b. Acts Beyond Our Control
Neither you nor we will be responsible to the other for any delay, failure in performance, loss or damage due to fire,
explosion, power blackout, earthquake, volcanic action, flood, the weather elements, strike, embargo, labor disputes, civil or
military authority, war, terrorism, acts of God, acts or omissions of carriers or suppliers, acts of regulatory or governmental
agencies, or other causes beyond our reasonable control, except that you must pay for any Services used.
c. Assignment
We can assign all or part of our rights or duties under this Agreement without notifying you. If we do that, we have no further
obligations to you. You may not assign this Agreement or the Services without our prior written consent.
d. Notices
Notices from you to Wavecom Solutions must be provided as specified in this Agreement. Notice from you to Wavecom Solutions made by calling Wavecom Solutions at
1-808-791-3000 is effective as of the date that our records show that we received your call. Wavecom Solutions's notice to you under this
Agreement will be provided by one or more of the following: posting on our web site, recorded announcement, message printed on
your bill, message inserted with your bill, newspaper ad, postcard, letter, call to your billed telephone number, or e-mail to
an address provided by you.
e. Separability
If any part of this Agreement is found invalid, the rest of the Agreement will remain valid and enforceable.
f. Governing Law
This Agreement is governed by the Federal Communications Act to the extent applicable, and otherwise This Agreement will be
governed by the law of the State of Hawaii, without regard to its choice of law rules, except that the arbitration provisions
in Section 11 are also governed by the Federal Arbitration Act. This governing law provision applies no matter where you
reside, or where you use or pay for the Services.
g. Entire Agreement
This Agreement constitutes the entire agreement between you and us and supersedes all prior agreements, understandings,
statements or proposals concerning the Service, including representations, whether written or oral. No written or oral
statement, advertisement, or service description not expressly contained in the Agreement will be allowed to contradict,
explain, or supplement it. Neither you nor Wavecom Solutions is relying on any representations or statements by the other party or any
other person that are not included in this Agreement.
h. Customer Proprietary Network Information (CPNI)
CPNI means information that relates to the quantity, technical configuration, type, destination, location, and amount of use
of a telecommunications or VoIP service subscribed to by Customer, and information contained in the bills issued by Wavecom Solutions to
Customer. CPNI does not include the Customer's name and address. Under applicable law, Wavecom Solutions may use, disclose, or permit
access to CPNI, without Customer approval, for the following purposes: providing or marketing service offerings among the
categories of service (i.e., local, interexchange, and CMRS) to which the customer already subscribes; providing Customer with
the purchased services; billing and collection for purchased services; customizing purchased services; to perform maintenance
and diagnostics; providing technical support; installing hardware and software upgrades; preventing fraud; responding to
lawful service of process; protecting against unlawful use of our network; and protecting other network users. Any use of
CPNI for Wavecom Solutions's sales and marketing campaigns is subject to the notification and opt-in/opt-out requirements of applicable law,
specifically, 47 C.F.R. 64.2001-.2009 ("CPNI Rules"), meaning that Wavecom Solutions is required to verify the status of Customer's CPNI
approval prior to using CPNI. Wavecom Solutions is also subject to the recordkeeping and safeguarding procedures set forth in the CPNI
Rules which may require an authentication process prior to disclosing CPNI information to the customer.
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