American Dynamics Matrix Keyboard User Manual

Page 36

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ADTTE Matrix Keyboard Operator's Manual

Customer may make up to 2 copies of the Software solely for back-up and archival purposes. Customer
will not remove or modify the copyright and other proprietary notices and legends of SEC and its
suppliers contained in the Software and Documentation and will reproduce all such notices and legends
on all copies of the Software made by Customer. Customer may not make copies of the Documentation,
but may obtain additional copies of the Documentation from SEC at its established rates. Except as
permitted above, copying of the Software and Documentation is forbidden.

Customer will not sell, assign, sublicense or transfer this license or sell or otherwise transfer the Software
or Documentation (or any portion thereof) to others. Customer will maintain the Software and
Documentation in confidence and not disclose any data or other information contained in the Software or
Documentation to any party, except for Customer's employees and agents who require access to the
Software for the purposes of Customer's internal business and who use it in accordance with the terms of
this License Agreement. Customer will not use the Software for the provision of time-sharing services to
others. Customer will not modify the Software or decompile, disassemble or otherwise reverse engineer
the Software and will not have the right to create derivative works of the Software, including, without
limitation, translated or localized versions of the Software. Customer will not export or re-export the
Software or the Documentation or any portion thereof without appropriate United States or foreign
governmental licenses.

Customer will implement appropriate measures, such as the requirement that employees and others
permitted access to the Software enter into appropriate non-disclosure agreements, to satisfy its
obligations hereunder and, generally, will treat the Software and Documentation with the same degree of
care and confidentiality which Customer provides for its own confidential information. Customer
acknowledges that it may be held legally responsible for any copyright infringement or trade secret
violation that is caused, in whole or in part, by its failure to abide by the terms of this License
Agreement. Since unauthorized transfer, use or disclosure of the Software and Documentation would
diminish their value to SEC and its suppliers, who would have no adequate remedy at law if Customer
breaches its obligations under this License Agreement, SEC and its suppliers (who are direct and
intended beneficiaries of this License Agreement) will be entitled to injunctive relief, in addition to such
other remedies and relief that would be available to them in the event of such a breach.

6. Limited Warranty; Limitation of Liability. The provisions of the Equipment Agreement respecting

maintenance and warranty will not apply to the Software or the Documentation, unless specifically stated
otherwise and agreed to in writing by both parties. SEC's sole warranties with respect to the Software
and Documentation are that (i) SEC has title to the Software and Documentation and/or the right to grant
Customer the license set forth in this License Agreement and (ii) the magnetic media on which the
Software is recorded is free from defects in materials and workmanship under normal use. SEC's sole
obligation under this warranty will be to replace any defective media returned to it free of charge. The
period of this warranty will be 12 months from the date of the Equipment Agreement (the “Warranty
Period”).

EXCEPT AS SET FORTH IN THIS SECTION 6, SEC DISCLAIMS ANY WARRANTY, EXPRESS
OR IMPLIED, WITH RESPECT TO THE SOFTWARE OR THE DOCUMENTATION OR THEIR
OPERATION OR USE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF
MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE OR USE. SOME
STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSION DOES NOT APPLY IN SUCH STATES. THIS WARRANTY GIVES YOU SPECIFIC
LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE
TO STATE.

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