American Dynamics AD2089 - Manual (Page 49)

Software License Agreement
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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.
SEC AND ITS SUPPLIERS, EMPLOYEES, AGENTS AND FRANCHISEES WILL IN NO
EVENT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR OTHER DIRECT OR
INDIRECT DAMAGES (FOR LOSS OF BUSINESS INFORMATION OR PROFITS OR
OTHERWISE) SUFFERED BY CUSTOMER, ANY OF ITS EMPLOYEES OR AGENTS OR
ANY OTHER PERSON ARISING OUT OF OR IN CONNECTION WITH THE USE OR
INABILITY TO USE THE SOFTWARE OR THE DOCUMENTATION, OR THE MAINTENANCE
OR SUPPORT THEREOF, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. SEC neither assumes nor authorizes any employee, agent or franchisee to
assume for SEC any other liability in connection with the license, use or performance of the
Software or Documentation.
Customer is solely responsible for the selection of the Software to achieve Customer’s
intended results, for the conformity of the computer on which the Software is run to SEC’s
specifications or requirements and for the maintenance of such computer in good working
order and repair. SEC’s suppliers do not warrant the Software, assume any liability regarding