Language, General – Echelon LNS DDE Server User Manual

Page 151

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APPROVALS, AS APPLICABLE. THE NEURON CHIP, LONTALK

PROTOCOL, NEURON CHIP FIRMWARE, LONWORKS NETWORK

INTERFACES, 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

NEURON CHIP, LONTALK PROTOCOL, NEURON CHIP FIRMWARE,

LONWORKS NETWORK INTERFACES, 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.

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.

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 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" pursuant to DFAR

Section 227.7015(a). Any use, modification, reproduction, release, performance,

display or disclosure of such technical data shall be governed by the terms of

DFAR Section 227.7015(b).

Echelon and LONWORKS are U.S. registered trademarks of Echelon

Corporation.

LNS DDE Server User’s Guide

E-5

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