American Dynamics AD2079 Operator's Manual page 42

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.
Customer is solely responsible for the selection of the Software to achieve Customer's intended results, for the conformity of the
computer on which the Software is run to SEC's specifications or requirements and for the maintenance of such computer in good
working order and repair. SEC's suppliers do not warrant the Software, assume any liability regarding the use of the Software or
undertake to provide any maintenance, support or information regarding the Software.
7. U.S. Government Restricted Rights. The Software and Documentation are provided with restricted rights. Use, duplication or
disclosure by the U.S. Government is subject to restrictions as set forth in subparagraphs (c)(1)(ii) of the Rights in Technical Data
and Computer Software Clause of Department of Defense Federal Acquisition Supplement (DFARS) 252.227-7013 or in
subparagraph (g)(3)(i) of Federal Acquisition Regulations (FAR) 52.227-14, Alternate III, as applicable.
8. Indemnity. SEC will defend and hold Customer harmless from any claim, action, suit or proceeding brought against Customer to
the extent that it is based on a claim that the use of the Software, as such, in accordance with this License Agreement and not as a
result of the combination thereof with any other article, computer software or process, constitutes an infringement of any United
States patent or copyright or the violation of any trade secret, if SEC is notified thereof promptly after its commencement and is
given control of the defense thereof and any negotiations for its settlement and full cooperation by Customer.
D-2 AD2079 Operator's Manual