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By selling to Swing Computers, Inc. (“Swing Computers”), the seller: · Seller agrees, represents, warrants, certifies and affirms that it has, and is conveying and transferring, GOOD AND VALID TITLE AND OWNERSHIP to the goods being sold, free and clear of all liens, claims and encumbrances. · Seller agrees, represents, warrants, certifies and affirms that the goods are authentic, and that all information provided accurately represents the goods being sold. · Seller hereby indemnifies and agrees to defend and hold Swing Computers and the principals, officers, employees and representatives of Swing Computers harmless from all claims, demands, actions, losses, damages, liabilities, costs and attorneys’ fees of any nature arising from or related in any way to this transaction, the goods, the sale of the goods, title to the goods, and the condition of the goods. · Seller agrees, as does Swing Computers, that it is subject to personal jurisdiction and venue in the State of California, County of San Mateo, and that any claim asserted against Seller may be brought in the foregoing County of San Mateo. Seller and Swing Computers further agree that the parties waive any and all rights to a Jury Trial, and that any action between the parties shall be subject to a non-jury trial. By agreeing to these terms, the parties acknowledge and agree that they are waiving a valuable right.