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4. OWNERSHIP; NOTICE
4.1 The Softw are and Documentation, and all intellectual property contained therein, are and shall remain the sole
and exclusive property of Company and its licensors and are protected by copyright and trade secret law s
and international copyright treaty provisions.
4.2 Licensee shall not remove, modify, or in any manner tamper w ith any copyright, trademark or other proprietary
notices embodied in the Softw are or on the Documentation, on any copy of the Softw are and Documentation,
in any form, in w hole or in part.
5. WARRANTY DISCLAIMERS; LIABILITY LIMITATIONS
5.1 COMPANY MAKES NO WARRANTY OR REPRESENTATION WITH RESPECT TO THE SOFTWARE AND IT IS
LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-
INFRINGEMENT, AND ANY STATEMENTS OR REPRESENTATIONS MADE BY ANY OTHER PERSON OR ENTITY
ARE VOID. COMPANY MAKES NO REPRESENTATIONS THAT ANY PROGRAMMABILITY COMPLIES WITH THE
APPLICABLE STATUTES, LAWS, OR REGULATIONS.
5.2 LICENSEE ASSUMES ALL RISK AS TO THE SELECTION, USE, PERFORMANCE AND QUALITY OF THE
SOFTWARE. IN NO EVENT WILL COMPANY OR ANY OTHER PARTY WHO HAS BEEN INVOLVED IN THE
CREATION, PRODUCTION OR DELIVERY OF THE SOFTWARE BE LIABLE FOR SPECIAL, DIRECT, INDIRECT,
INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS OR INABILITY TO USE THE
SOFTWARE, EVEN IF COMPANY OR SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
5.3 Some states and/or countries do not allow limitations on how long an implied w arranty lasts and some states
and/or countries do not allow the exclusion or limitation of incidental or consequential damages, so the above
limitation and exclusion may not apply to Licensee. This w arranty gives Licensee specific legal rights, and
Licensee may also have other rights w hich vary from state to state and/or country to country.
6. GENERAL
6.1 If any provision or portion of a provision of this Agreement is determined to be invalid or unenforceable, it shall
be deemed to be revised to the extent necessary to make it enforceable, or omitted if necessary, and the
remaining provisions of this Agreement shall remain in full force and effect.
6.2 This Agreement is governed by and construed in accordance w ith the law s of the State of California, w ithout
regard to its conflicts of law principles. The parties to this Agreement hereby irrevocably consent to the
personal jurisdiction of the state and federal courts located in San Diego, California to resolve any dispute or
controversy related to this Agreement.
6.3 This Agreement constitutes the entire agreement betw een the parties w ith respect to the subject matter
hereof, and all prior agreements, representations, statements and undertakings are hereby expressly
canceled.
6.4 Neither party hereto shall be liable in any manner for failure or delay in fulfillment of all or part of this
Agreement directly or indirectly ow ing to any causes or circumstances beyond its reasonable control,
including, but not limited to, acts of God.
7. EXPORT CONTROL REGULATIONS
Licensee acknow ledges and agrees that none of the Softw are, Documentation or underlying information or
technology may be installed or otherw ise exported or reexported (a) into (or to a national or resident of) Cuba,
Iran, North Korea, Sudan, Syria and any other country to w hich the U.S. has embargoed goods; or (b) to anyone
on the U.S. Treasury Department's List of Specially Designated Nationals or the U.S. Commerce Department's
Table of Denial Orders. Licensee further represents and w arrants that it is not located in, under the control of, or
a national or resident of any such country or on any such list, and w ill not transfer the Softw are to any of the
foregoing.
Welcome
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