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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.
SEC will pay all damages and costs awarded against Customer in connection with any such
claim, except that SEC will not be liable for any amounts paid under any compromise or
settlement made without its consent. If the Software is either claimed or held to infringe
or violate any patent or copyright, SEC may, at its sole option and expense, and
Customer will permit SEC to, procure for Customer the right to continue using the
Software or modify it so that it becomes non-infringing or replace it with a non-
infringing counterpart. If neither of such alternatives is available on terms which are
reasonable in SEC's judgment, Customer will return all copies of the Software and
Documentation in the possession of Customer to SEC, at SEC's request, and SEC will
refund a reasonable portion of the license fees paid by Customer to SEC. This Section 8
sets forth SEC's entire liability regarding infringement and the like.
B-4
Operator's Manual
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