Software Bisque Paramount ME User Manual page 5

will terminate immediately if Licensee materially breaches any term or condition of this Agreement.
Licensee agrees upon termination to promptly return to Bisque all Products and any copies thereof.
The provisions of Sections 4 (Ownership), 6 (Warranty Disclaimer), 7 (Limitation of Liability), and 10
(General) shall survive the expiration or termination of this Agreement.
6. WARRANTY DISCLAIMER. THE PRODUCT IS PROVIDED "AS IS" AND BISQUE AND ITS LICENSORS
DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS,
IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, FOR
ANY PRODUCT PROVIDED UNDER THIS AGREEMENT. FURTHER, BISQUE DOES NOT WARRANT,
GUARANTEE OR MAKE ANY REPRESENTATION REGARDING THE USE, OR THE RESULTS OF THE
USE, OF THE PRODUCT IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BISQUE, ITS EMPLOYEES,
DISTRIBUTORS, DEALERS, OR AGENTS SHALL INCREASE THE SCOPE OF THE ABOVE
WARRANTIES OR CREATE ANY NEW WARRANTIES.
7. LIMITATION OF LIABILITY. IN NO EVENT WILL BISQUE, ITS LICENSORS, EMPLOYEES, OR AGENTS
BE LIABLE TO LICENSEE OR ANY THIRD PARTY FOR ANY LOST DATA, LOST PROFITS,
INTERRUPTION OF BUSINESS OR OTHER SPECIAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY, OR
INCIDENTAL DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE PRODUCT OR
OTHERWISE RELATING TO THIS AGREEMENT, REGARDLESS IF BISQUE HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGE. BISQUE'S TOTAL CUMULATIVE LIABILITY IN CONNECTION
WITH THIS AGREEMENT AND THE PRODUCT, WHETHER IN CONTRACT OR TORT OR OTHERWISE,
WILL NOT EXCEED THE TOTAL AMOUNT RECEIVED BY BISQUE FROM LICENSEE AS
CONSIDERATION FOR THE LICENSES GRANTED UNDER THE TERMS OF THIS AGREEMENT. THESE
LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY
REMEDIES PROVIDED UNDER THIS AGREEMENT.
8. EXPORT LAWS. The Product and related technology are subject to U.S. export control laws and may
be subject to export or import regulations in other countries. Licensee agrees to strictly comply with all
such laws and regulations and acknowledges that Licensee has the responsibility to obtain such
licenses to export, re-export or import as may be required.
9. U. S. GOVERNMENT LICENSEES. The Product is a "commercial item" as that term is defined at 48
C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software
documentation" as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and
48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government Licensees acquire the Product with
only those rights set forth therein.
10. GENERAL. This Agreement shall be governed by the laws of the State of Colorado, excluding its conflict
of laws principles, and the parties hereby consent to jurisdiction and venue in the state and federal
courts sitting in Jefferson County, Colorado. In any such dispute, the prevailing party shall be entitled
to recover its reasonable attorneys' fees and expenses from the other party. Licensee may not assign or
transfer its rights or obligations arising under this Agreement to any third party, and any such
attempted assignment or transfer shall be void and without effect. This Agreement may not be modified
except upon mutual written agreement of both parties. The waiver by either party of a breach of any
provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent
breach. If any provision of this Agreement is deemed unenforceable, such provision will be changed
and interpreted to accomplish the objectives of such provision to the greatest extent possible under
applicable law and the remaining provisions will continue in full force and effect. This Agreement sets
forth the entire understanding of the parties and supersedes any and all prior oral and written
agreements or understandings between the parties regarding the subject matter of this Agreement.
Nothing contained in any purchase order, order acknowledgement form, order confirmation form, task
order, invoice, delivery order, or similar documents submitted by Licensee to Bisque or Bisque's
distributors shall in any way modify or add to the terms and conditions contained in this Agreement.
THE SOFTWARE IS PROTECTED BY UNITED STATES COPYRIGHT LAW AND INTERNATIONAL TREATY.
UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS SUBJECT TO CIVIL AND CRIMINAL PENALTIES.
Copyright 2002-2007, Software Bisque, Inc. All Rights Reserved.
Protected by copyright and licenses restricting use, copying, distribution and decompilation. TheSky6
Professional Edition, CCDSoft, Browser Astronomy, IAClient, IAServer, Orchestrate, Paramount ME, and
Software Bisque are trademarks of Software Bisque, Inc. in the United States and other countries.
Paramount ME User's Guide
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