Allocation of risks, Controlling law and severability – ProSoft Technology 5205-104S-PDPS User Manual

Page 124

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4205/5205-TS-104S-PDPS ♦ ProLinx Standalone

Support, Service & Extended Warranty

IEC-60870-5-104 to PDPS Communication Module with Time Stamp

Page 124 of 128

ProSoft Technology, Inc.

July 12, 2007

d

Customer is granted no right or license to use any software or other
intellectual property in any manner or for any purpose not expressly
permitted by any license agreement accompanying such software or other
intellectual property.

e

Customer agrees that it shall not, and shall not authorize others to, copy
software provided by ProSoft (except as expressly permitted in any
license agreement accompanying such software); transfer software to a
third party separately from the Product; modify, alter, translate, decode,
decompile, disassemble, reverse-engineer or otherwise attempt to derive
the source code of the software or create derivative works based on the
software; export the software or underlying technology in contravention of
applicable US and international export laws and regulations; or use the
software other than as authorized in connection with use of Product.

5.5.9

Additional Restrictions Relating To Software And
Other Intellectual Property

In addition to complying with the Terms of this Warranty, Customers purchasing
software or other intellectual property shall comply with any license agreement
accompanying such software or other intellectual property. Failure to do so may
void this Warranty with respect to such software and/or other intellectual
property.

5.5.10 Allocation

of

risks

This Warranty allocates the risk of product failure between ProSoft and the
Customer. This allocation is recognized by both parties and is reflected in the
price of the goods. The Customer acknowledges that it has read this Warranty,
understands it, and is bound by its Terms.

5.5.11

Controlling Law and Severability

This Warranty shall be governed by and construed in accordance with the laws of
the United States and the domestic laws of the State of California, without
reference to its conflicts of law provisions. If for any reason a court of competent
jurisdiction finds any provisions of this Warranty, or a portion thereof, to be
unenforceable, that provision shall be enforced to the maximum extent
permissible and the remainder of this Warranty shall remain in full force and
effect. Any cause of action with respect to the Product or Services must be
instituted in a court of competent jurisdiction in the State of California.

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