Interphase Tech 4538 User Manual

Page 6

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Limitation of Liability: NEITHER INTERPHASE NOR ITS LICENSORS SHALL BE LIABLE FOR ANY
GENERAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR OTHER DAMAGES ARISING OUT OF THIS
AGREEMENT EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Confidentiality: The Software is copyrighted and contains proprietary and confidential trade secret information of
Interphase and its vendors. Licensee agrees to maintain the Software in confidence and not to disclose the Software to
any third party without the express written consent of Interphase. Licensee further agrees to take all reasonable
precautions to prevent access to the Software by unauthorized persons.

Termination: Without prejudice to any other rights, Interphase may terminate this Agreement if you fail to comply
with any term or condition of the Agreement. In such event you must destroy the Software together with all copies,
updates, or modifications thereof.

Export: You agree to comply with all export and re-export restrictions and regulations of the U.S. Department of
Commerce or other applicable U.S. agency. You must not transfer the Software to a prohibited country or otherwise
violate any such restrictions or regulations.

U.S. Government Restricted Rights: Use, duplication, or disclosure of the Software to or by the U.S. Government
is subject to restrictions as set forth in the applicable U.S. federal procurement regulations covering
commercial/restricted rights software. You are responsible for complying with the notice requirements contained in
such regulations.

General: You acknowledge that you have read and understand this Agreement, and by installing and using the
Software you agree to be bound by the terms and conditions herein. You further agree that this is the complete and
exclusive Agreement between Interphase and yourself. No variation of the terms of this Agreement or any different
terms will be enforceable against Interphase unless agreed to in writing by Interphase and yourself. The validity of this
Agreement and the rights, obligations, and relations of the parties hereunder shall be determined under the substantive
laws of the State of Texas. If any provision of this Agreement is held invalid, illegal, or unenforceable, the remaining
provisions shall in no way be affected or impaired thereby. All rights in the Software not specifically granted in this
Agreement are reserved by Interphase.

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