GE GEC-HDR User Manual page 5

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5. Limitation of liability.
GE SECURITY'S SOLE
OBLIGATION OR LIABILITY UNDER THIS AGREEMENT IS THE
REPAIR OR REPLACEMENT OF NONCONFORMING SOFT-
WARE AND/OR DEFECTIVE MEDIA ACCORDING TO THE
LIMITED WARRANTY ABOVE. IN NO EVENT WILL
GE SECURITY BE LIABLE FOR ANY DAMAGES, WHETHER
CONSEQUENTIAL, INCIDENTAL, OR INDIRECT, NOR FOR ANY
LOSS OF DATA, LOSS OF PROFITS, OR LOST SAVINGS,
ARISING OUT OF USE OF OR INABILITY TO USE THE SOFT-
WARE OR DOCUMENTATION (OR ANY HARDWARE
FURNISHED WITH THE SOFTWARE), EVEN IF GE SECURITY
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, NOR FOR ANY CLAIM BY ANY THIRD PARTY.
6. General.
Any hardware provided to You by
GE SECURITY shall not be exported or reexported in viola-
tion of any export provisions of the United States or any
other applicable jurisdiction. Any attempt to sublicense,
assign, or transfer any of the rights, duties, or obligations
hereunder shall be void. This Agreement shall be governed
by and interpreted under the laws of the State of New York,
United States of America, without regard to conflicts of law
provisions. You hereby consent to the exclusive jurisdiction
of the state and federal courts located in Multnomah
County, Oregon, to resolve any disputes arising under or in
connection with this Agreement, with venue in Portland,
Oregon.
Restricted rights legend.
The Licensed
Product is provided with RESTRICTED RIGHTS. In the event
the United States Government or an agency thereof is
granted a license, the following additional terms apply:
Restricted Computer Software, as defined in the Commer-
cial Computer Software–Restricted Rights clause at Federal
Acquisition Regulations 52.227-19, and the restrictions as
provided in subparagraphs (c)(1) and (c)(2) thereof; and as
applicable, the Government's rights to use, modify, repro-
duce, release, perform, display, or disclose the Software
also are restricted as provided by paragraphs (b)(2) and
(b)(3) of the Rights in Noncommercial Technical Data and
Computer Software–Small Business Innovative Research
(SBIR) Program clause at DFARS 252.227-7018.
YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDER-
STAND THIS AGREEMENT AND AGREE TO BE BOUND BY ITS
TERMS. YOU FURTHER AGREE THAT THIS AGREEMENT IS THE
COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT
BETWEEN YOU AND GE SECURITY, AND SUPERSEDES ANY
PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND
ANY OTHER COMMUNICATION RELATING TO THE SUBJECT
MATTER OF THIS AGREEMENT.