American Dynamics SpeedDome Ultra VII Operator's Manual page 105

Customer will not sell, assign, sublicense or transfer this license or sell or otherwise transfer the Software or
Documentation (or any portion thereof) to others. Customer will maintain the Software and Documentation
in confidence and not disclose any data or other information contained in the Software or Documentation to
any party, except for Customer's employees and agents who require access to the Software for the purposes
of Customer's internal business and who use it in accordance with the terms of this License Agreement.
Customer will not use the Software for the provision of time-sharing services to others. Customer will not
modify the Software or decompile, disassemble or otherwise reverse engineer the Software and will not have
the right to create derivative works of the Software, including, without limitation, translated or localized
versions of the Software. Customer will not export or re-export the Software or the Documentation or any
portion thereof without appropriate United States or foreign governmental licenses.
Customer will implement appropriate measures, such as the requirement that employees and others permitted
access to the Software enter into appropriate non-disclosure agreements, to satisfy its obligations hereunder
and, generally, will treat the Software and Documentation with the same degree of care and confidentiality
which Customer provides for its own confidential information. Customer acknowledges that it may be held
legally responsible for any copyright infringement or trade secret violation that is caused, in whole or in part,
by its failure to abide by the terms of this License Agreement. Since unauthorized transfer, use or disclosure
of the Software and Documentation would diminish their value to SEC and its suppliers, who would have no
adequate remedy at law if Customer breaches its obligations under this License Agreement, SEC and its
suppliers (who are direct and intended beneficiaries of this License Agreement) will be entitled to injunctive
relief, in addition to such other remedies and relief that would be available to them in the event of such a
breach.
6. Limited Warranty; Limitation of Liability. The provisions of the Equipment Agreement respecting
maintenance and warranty will not apply to the Software or the Documentation, unless specifically stated
otherwise and agreed to in writing by both parties. SEC's sole warranties with respect to the Software and
Documentation are that (i) SEC has title to the Software and Documentation and/or the right to grant
Customer the license set forth in this License Agreement and (ii) the magnetic media on which the Software
is recorded is free from defects in materials and workmanship under normal use. SEC's sole obligation under
this warranty will be to replace any defective media returned to it free of charge. The period of this warranty
will be 12 months from the date of the Equipment Agreement (the "Warranty Period").
EXCEPT AS SET FORTH IN THIS SECTION 6, SEC DISCLAIMS ANY WARRANTY, EXPRESS OR
IMPLIED, WITH RESPECT TO THE SOFTWARE OR THE DOCUMENTATION OR THEIR
OPERATION OR USE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF
MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE OR USE. SOME STATES
DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION
DOES NOT APPLY IN SUCH STATES. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS,
AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
SEC AND ITS SUPPLIERS, EMPLOYEES, AGENTS AND FRANCHISEES WILL IN NO EVENT BE
LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR OTHER DIRECT OR INDIRECT
DAMAGES (FOR LOSS OF BUSINESS INFORMATION OR PROFITS OR OTHERWISE) SUFFERED
BY CUSTOMER, ANY OF ITS EMPLOYEES OR AGENTS OR ANY OTHER PERSON ARISING OUT
OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SOFTWARE OR THE
DOCUMENTATION, OR THE MAINTENANCE OR SUPPORT THEREOF, EVEN IF THEY HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SEC neither assumes nor authorizes any
employee, agent or franchisee to assume for SEC any other liability in connection with the license, use or
performance of the Software or Documentation.
Software License Agreement S-3