Datatek DT-7000 Utilities - Manual (Page 21)

U t i l i t i e s - D T 6 b a c k u p , D T 6 r e l o a d , D T 6 u p g r a d e – R e l e a s e 3 . 0
D T 7 b a c k u p , D T 7 r e l o a d
02/04/10 Datatek Applications Inc. 21
Manufacturer for any other reason, please refer to the address provided in the documentation for the
SOFTWARE.
8.4 E XPORT R ESTRICTIONS
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.
8.5 L IMITED W ARRANTY
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.
8.6 N O O THER W ARRANTIES
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 non-infringement, with regard to the software and the accompanying
written materials. This limited warranty gives you specific legal rights. You may have others, which vary
from state/jurisdiction to state/jurisdiction.
8.7 S PECIAL P ROVISIONS
The SOFTWARE and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or
disclosure by the United States Government is subject to restrictions as set forth in subparagraph
(c)(1)(ii) of the Rights in Technical Data and Software clause at DFARS 252.227-7013 or subparagraphs
(c)(1) and (2) of the Commercial Software-Restricted Rights at 48 CFR 52.227-19, as applicable.
Manufacturer is Datatek Applications, Inc., 379 Campus Drive, Suite 100, Somerset, NJ 08873.
If you acquired the SOFTWARE in the United States of America, this Software License is governed by
the laws of the State of New Jersey, excluding its choice of laws provisions. If you acquired the
SOFTWARE outside the United States of America, local law may apply. This LICENSE constitutes the
entire understanding and agreement between you and the Manufacturer in relation to the SOFTWARE