NEC EGW101 User Manual page 40

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3. RESTRICTIONS. Software is copyrighted. Title to Software and all associated intellectual property rights is retained by
Oracle and/or its licensors. Unless enforcement is prohibited by applicable law, you may not modify, decompile, or
reverse engineer Software. You acknowledge that the Software is developed for general use in a variety of information
management applications; it is not developed or intended for use in any inherently dangerous applications, including
applications that may create a risk of personal injury. If you use the Software in dangerous applications, then you shall be
responsible to take all appropriate fail-safe, backup, redundancy, and other measures to ensure its safe use. Oracle
disclaims any express or implied warranty of fitness for such uses. No right, title or interest in or to any trademark, service
mark, logo or trade name of Oracle or its licensors is granted under this Agreement. Additional restrictions for developers
and/or publishers licenses are set forth in the Supplemental License Terms.
4. DISCLAIMER OF WARRANTY. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY
KIND. ORACLE FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING
WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NONINFRINGEMENT.
5. LIMITATION OF LIABILITY. IN NO EVENT SHALL ORACLE BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE,
DATA OR DATA USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN
CONTRACT OR TORT, EVEN IF ORACLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ORACLE'S ENTIRE LIABILITY FOR DAMAGES HEREUNDER SHALL IN NO EVENT EXCEED ONE
THOUSAND DOLLARS (U.S. $1,000).
6. TERMINATION. This Agreement is effective until terminated. You may terminate this Agreement at any time by
destroying all copies of Software. This Agreement will terminate immediately without notice from Oracle if you fail to
comply with any provision of this Agreement. Either party may terminate this Agreement immediately should any
Software become, or in either party's opinion be likely to become, the subject of a claim of infringement of any
intellectual property right. Upon termination, you must destroy all copies of Software.
7. EXPORT REGULATIONS. You agree that U.S. export control laws and other applicable export and import laws govern
your use of the Software, including technical data; additional information can be found on Oracle's Global Trade
Compliance web site (http://www.oracle.com/us/products/export). You agree that neither the Software nor any direct
product thereof will be exported, directly, or indirectly, in violation of these laws, or will be used for any purpose
prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation.
8. TRADEMARKS AND LOGOS. You acknowledge and agree as between you and Oracle that Oracle owns the ORACLE
and JAVA trademarks and all ORACLE- and JAVA-related trademarks, service marks, logos and other brand
designations ("Oracle Marks"), and you agree to comply with the Third Party Usage Guidelines for Oracle Trademarks
currently located at http://www.oracle.com/us/legal/third-party-trademarks/index.html. Any use you make of the Oracle
Marks inures to Oracle's benefit.
9. U.S. GOVERNMENT LICENSE RIGHTS. If Software is being acquired by or on behalf of the U.S. Government or by a
U.S. Government prime contractor or subcontractor (at any tier), then the Government's rights in Software and
accompanying documentation shall be only those set forth in this Agreement.
10. GOVERNING LAW. This agreement is governed by the substantive and procedural laws of California. You and Oracle
agree to submit to the exclusive jurisdiction of, and venue in, the courts of San Francisco, or Santa Clara counties in
California in any dispute arising out of or relating to this agreement.
11. SEVERABILITY. If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect
with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will
immediately terminate.
12. INTEGRATION. This Agreement is the entire agreement between you and Oracle relating to its subject matter. It
supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and
prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between
the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be
binding, unless in writing and signed by an authorized representative of each party.
SUPPLEMENTAL LICENSE TERMS
These Supplemental License Terms add to or modify the terms of the Binary Code License Agreement. Capitalized terms not
defined in these Supplemental Terms shall have the same meanings ascribed to them in the Binary Code License Agreement.
These Supplemental Terms shall supersede any inconsistent or conflicting terms in the Binary Code License Agreement, or
in any license contained within the Software.
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