Echelon Mini FX - Manual (Page 137)

124 Appendix C: Software License Agreement
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.
Any translations are provided for convenience only, and the English language version
shall control.
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.
SUPPORT
You acknowledge that You shall either (i) inform the end-user that You are the primary
support contact for Your Devices, and that Echelon Corporation will not support Your
Devices, or (ii) inform the end-user that there will be no support for Your Devices.
COMPLIANCE WITH EXPORT CONTROL LAWS
You agree to comply with all applicable export and reexport 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, reexport, 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.
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 You and
Echelon 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 are deemed to be “commercial computer software” and
“commercial computer software documentation”, respectively, pursuant to DFAR Section
227.7202 and FAR 12.212(b), as applicable. Any use, modification, reproduction, release,
performance, display or disclosure of the Licensed Software and/or the accompanying
Documentation by the U.S. Government or any of its agencies shall be governed solely
by the terms of this Agreement and shall be prohibited except to the extent expressly
permitted by the terms of this Agreement. Any technical data provided that is not
covered by the above provisions is deemed to be “technical data-commercial items”