Echelon OpenLNS Commissioning Tool - Manual (Page 388)

372 Appendix C – OpenLNS CT Software License Agreement
$1000). YOU HEREBY AGREE THAT THE FOREGOING LIMITATIONS REFLECT THIS
REASONABLE ALLOCATION OF RISK.
XI. SAFE OPERATION
YOU ASSUME THE SOLE RESPONSIBILITY FOR, AND HEREBY AGREE TO USE YOUR BEST
EFFORTS IN, DESIGNING, MANUFACTURING, COMMISSIONING, ROUTING, MONITORING,
AND CONTROLLING DEVICES USING THE ISO/IEC 14908-1 PROTOCOL TO PROVIDE FOR
SAFE OPERATION THEREOF, INCLUDING, BUT NOT LIMITED TO, COMPLIANCE OR
QUALIFICATION WITH RESPECT TO ALL SAFETY LAWS, REGULATIONS AND AGENCY
APPROVALS, AS APPLICABLE. THE SMART TRANSCEIVER, NEURON CHIP, ISO/IEC 14908-1
PROTOCOL, NEURON FIRMWARE, SMARTSERVER, i.LON ROUTER, AND THE LICENSED
SOFTWARE ARE NOT DESIGNED OR INTENDED FOR USE AS COMPONENTS IN EQUIPMENT
INTENDED FOR SURGICAL IMPLANT INTO THE BODY, OR OTHER APPLICATIONS
INTENDED TO SUPPORT OR SUSTAIN LIFE, FOR USE IN FLIGHT CONTROL OR ENGINE
CONTROL EQUIPMENT WITHIN AN AIRCRAFT, OR FOR ANY OTHER APPLICATION IN
WHICH THE FAILURE OF THE SMART TRANSCEIVER, NEURON CHIP, LONTALK PROTOCOL,
NEURON FIRMWARE, SMARTSERVER, i.LON ROUTER, OR THE LICENSED SOFTWARE
COULD CREATE A SITUATION IN WHICH PERSONAL INJURY OR DEATH MAY OCCUR, AND
YOU SHALL HAVE NO RIGHTS HEREUNDER FOR ANY SUCH APPLICATIONS.
XII. COMPLIANCE WITH EXPORT CONTROL LAWS
You hereby agree to comply with all applicable export and re-export control laws and regulations,
including the Export Administration Regulations ("EAR") maintained by the United States Department of
Commerce. Specifically, You covenant that You shall not—directly or indirectly—sell, export, re-export,
transfer, divert, or otherwise dispose of any software, source code, or technology (including products
derived from or based on such technology) received from Echelon under this Agreement to any country (or
national thereof) subject to antiterrorism controls or U.S. embargo, or to any other person, entity, or
destination prohibited by the laws or regulations of the United States, without obtaining prior authorization
from the competent government authorities as required by those laws and regulations. You agree to
indemnify, to the fullest extent permitted by law, Echelon from and against any fines or penalties that may
arise as a result of Your breach of this provision. This export control clause shall survive termination or
cancellation of this Agreement.
XIII. LANGUAGE
The parties hereto confirm that it is their wish that this Agreement, as well as other documents relating
hereto, have been and shall be written in the English language only.
Les parties aux présentes confirment leur volonté que cette convention de même que tous les documents y
compris tout avis qui s'y rattache, soient rédigés en langue anglaise.
XIV. GENERAL
This Agreement shall not be governed by the 1980 U.N. Convention on Contracts for the International Sale
of Goods; rather, this Agreement shall be governed by the laws of the State of California, including its
Uniform Commercial Code, without reference to conflicts of laws principles. This Agreement is the entire
agreement between us and supersedes any other communications or advertising with respect to the
Licensed Software and accompanying documentation. If any provision of this Agreement is held invalid or
unenforceable, such provision shall be revised to the extent necessary to cure the invalidity or
unenforceability, and the remainder of the Agreement shall continue in full force and effect.
If You are acquiring the Licensed Software on behalf of any part of the U.S. Government, the following
provisions apply. The Licensed Software and accompanying documentation were developed at private