Echelon SmartServer 2.2 - Manual (Page 558)

SmartServer 2.2 User’s Guide 559
CUMULATIVE AND NOT PER INCIDENT AND BENEFIT ECHELON’S THIRD
PARTY SUPPLIERS. YOU ACKNOWLEDGE THAT THE AMOUNTS PAID BY
YOU FOR THE LICENSED SOFTWARE REFLECT THIS REASONABLE
ALLOCATION OF RISK.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND
EXCLUSIONS MAY NOT APPLY TO YOU.
SAFE OPERATION
YOU ASSUME RESPONSIBILITY FOR, AND HEREBY AGREE TO USE YOUR
BEST EFFORTS IN, ROUTING, MONITORING, CONTROLLING LONWORKS
DEVICES 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 CHIP FIRMWARE, i.LON SERVER, 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 CHIP FIRMWARE, i.LON SERVER, 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.
COMPLIANCE WITH EXPORT CONTROL LAWS
You 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.