Software support, Export restrictions, Limited warranty – Datatek Enhanced Security Guide User Manual

Page 10: No other warranties

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I P-CommKit En hanced Securit y G uide

11/29/05

Datatek Applications Inc.

10

5.3 SOFTWARE

SUPPORT

SOFTWARE support is provided by Manufacturer, or its affiliates or subsidiaries separate from
the host computer on which it may be installed. SOFTWARE support is limited to the warranty
period stated below unless either a separate contract has been consummated between you and
the manufacturer or the manufacturer has agreed in writing at the time of purchase by you of the
software to an extension of the warranty. Should you have any questions concerning this
LICENSE, or if you desire to contact Manufacturer for any other reason, please refer to the
address provided in the documentation for the SOFTWARE.

5.4 EXPORT RESTRICTIONS

You agree that you will not export or re-export the SOFTWARE to any country, person, or entity
subject to U.S. export restrictions. You specifically agree not to export or re-export the
SOFTWARE: (i) to any country to which the U.S. has embargoed or restricted the export of goods
or services, which as of March 1998 include, but are not necessarily limited to Cuba, Iran, Iraq,
Libya, North Korea, Sudan and Syria, or to any national of any such country, wherever located,
who intends to transmit or transport the products back to such country; (ii) to any person or entity
who you know or have reason to know will utilize the SOFTWARE or portion thereof in the
design, development or production of nuclear, chemical or biological weapons; or (iii) to any
person or entity who has been prohibited from participating in U.S. export transactions by any
federal agency of the U.S. government.

5.5 LIMITED

WARRANTY

Manufacturer warrants that (a) the SOFTWARE will perform substantially in accordance with the
accompanying written materials for a period of ninety (90) days from the date of shipment

from

Datatek Applications, Inc. Software support is limited to the hours of 9 AM to 5 PM ET Monday
through Friday excluding Datatek-observed holidays. Other coverage and extended warranty may
be purchased at additional cost. Any implied warranties on the SOFTWARE are limited to ninety
(90) days. Some states/jurisdictions do not allow limitations on duration of an implied warranty, so
the above limitation may not apply to you.

Manufacturer's and its suppliers' entire liability and your exclusive remedy shall be, at
Manufacturer's option, either (a) return of the price paid, or (b) repair or replacement of the
SOFTWARE that does not meet this Limited Warranty and which is returned to Manufacturer with
a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE has resulted
from accident, abuse, or misapplication. Any replacement SOFTWARE will be warranted for the
remainder of the original warranty period or thirty (30) days, whichever is longer.

5.6 NO OTHER WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MANUFACTURER AND ITS
SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NONINFRINGEMENT, WITH REGARD TO THE SOFTWARE AND THE
ACCOMPANYING WRITTEN MATERIALS. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL

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