COX may provide You with notice with respect to the Licensed Application and any Additional Terms via email, U.S. mail, or by a posting on COX’s website, or the description of the Licensed Application on the Apple App Store website.
This License Agreement (including all incorporated and referenced documents) comprises the entire agreement between You and COX governing Your use of the Licensed Application (but excluding any products and services which COX may provide to You under a separate written agreement), and supersedes all prior agreements between You and COX in relation to the Licensed Application, Content, and/or Services.
You agree that if COX does not exercise or enforce any legal right or remedy which is contained in the License Agreement (or which COX has the benefit of under any applicable law), this will not be taken to be a waiver of COX’s rights and that those rights or remedies will still be available to COX.
You acknowledge and agree that any company that COX controls, is controlled by, or is under common control with, shall be third party beneficiaries to this License Agreement and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the License Agreement which confers a benefit on (or rights in favor of) them.
This License Agreement, and Your relationship with COX under the License Agreement, shall be governed by the laws of the State of Georgia without regard to its conflict of laws provisions. You and COX agree that all court proceedings and arbitrations shall be in Fulton County, Georgia, with respect to any legal matter arising from this License Agreement. Notwithstanding the sentence immediately above, You agree that COX shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
In the event any provision of this License Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of any of the remaining provisions shall not in any way be affected or impaired.
Nothing contained in this License Agreement shall be construed to limit COX's rights and remedies available at law or in equity. Only COX may modify this License Agreement in its sole discretion. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. This License Agreement may not be assigned or transferred by You. This License Agreement is freely assignable by COX to third parties.