SENA Serial_IPTM Redirector 4.3 User Manual

Page 84

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(c) for any end-use that is prohibited by United States law and the laws of the jurisdiction in which the
Software Product was obtained.

Licensee represents and warrants that Licensee is not located in, under control of, or a national or resident of any
such country or on any such list and that no U.S. federal agency has suspended, revoked, or denied Licensee's
import or export privileges.

14. MISCELLANEOUS

(a) If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be
reformed only to the extent necessary to make it enforceable, and shall not affect the other provisions of this
Agreement.

(b) This Agreement shall be governed by and construed under New Hampshire law, without regard for its
conflicts of law provisions. The application of the United Nations Convention of Contracts for the International
Sale of Goods is expressly excluded.

(c) This Agreement constitutes the entire agreement between Tactical and Licensee regarding the subject
matter hereof and supersedes all prior or simultaneous representations, discussions, negotiations, and
agreements, whether written or oral.

(d) Licensee may assign this Agreement only to any entity to which it transfers all or substantially all of its
assets, provided the assignee agrees to be bound by the terms of this Agreement. Otherwise, Licensee may not
assign or have assumed, voluntarily, by operation of law, in bankruptcy or otherwise, any rights or delegate any
duties under this Agreement without Tactical’s prior written consent, and any attempt to do so without such
consent will be null and void. This Agreement will bind and inure to the benefit of the parties and their respective
successors and permitted assigns.

(e) This Agreement may be amended or supplemented only by a writing that is signed by duly authorized
representatives of both parties. No term or provision hereof will be considered waived by either party, and no
breach excused by either party, unless such waiver or consent is in writing signed on behalf of the party against
whom the waiver is asserted. No consent by either party to, or waiver of, a breach by either party, will constitute
a consent to, waiver of, or excuse of any other, different, or subsequent breach by either party.

15. U.S. GOVERNMENT LICENSES

The Software Product and Documentation are provided with "restricted rights". Use, duplication or
disclosure of the Software Product or the Documentation by the Government is subject to restrictions as set forth
in Subparagraph 252.227-7015 (Technical Data - Commercial Items) of the Department of Defense Federal
Acquisition Regulations Supplement ("DFARs") and other sections of DFARS applicable to commercial software,
or Subparagraphs 52.227-19(c)(1) and (c)(2) (Commercial Computer Software - Restricted Rights) of Title 48 of
the Code of Federal Regulations ("FARs") and other sections of FARS applicable to commercial software, as
applicable.

Copyright © 2003, 2004 Tactical Software, LLC. All rights reserved.

Tactical Software, LLC
670 North Commercial Street
Manchester, New Hampshire, USA 03101

Rev. 5

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