Fujitsu ETERNUS CS800 S6 User Manual page 492

OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY
NOT APPLY TO YOU.
8. U.S. GOVERNMENT END USERS.
The Covered Software is a "commercial item," as that term is defined in 48 C.F.R. 2.101
(Oct. 1995), consisting of "commercial computer software" (as that term is defined at
48 C.F.R. § 252.227-7014(a)(1)) and "commercial computer software documentation"
as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R.
12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S.
Government End Users acquire Covered Software with only those rights set forth
herein. This U.S. Government Rights clause is in lieu of, and supersedes, any other FAR,
DFAR, or other clause or provision that addresses Government rights in computer
software under this License.
9. MISCELLANEOUS.
This License represents the complete agreement concerning subject matter hereof. If
any provision of this License is held to be unenforceable, such provision shall be
reformed only to the extent necessary to make it enforceable. This License shall be
governed by the law of the jurisdiction specified in a notice contained within the
Original Software (except to the extent applicable law, if any, provides otherwise),
excluding such jurisdiction's conflict-of-law provisions. Any litigation relating to this
License shall be subject to the jurisdiction of the courts located in the jurisdiction and
venue specified in a notice contained within the Original Software, with the losing
party responsible for costs, including, without limitation, court costs and reasonable
attorneys' fees and expenses. The application of the United Nations Convention on
Contracts for the International Sale of Goods is expressly excluded. Any law or
regulation which provides that the language of a contract shall be construed against
the drafter shall not apply to this License. You agree that You alone are responsible
for compliance with the United States export administration regulations (and the
export control laws and regulation of any other countries) when You use, distribute or
otherwise make available any Covered Software.
10. RESPONSIBILITY FOR CLAIMS.
As between Initial Developer and the Contributors, each party is responsible for claims
and damages arising, directly or indirectly, out of its utilization of rights under this
License and You agree to work with Initial Developer and Contributors to distribute
ETERNUS CS800 492