Operator`s manual

D-2 AD2088 Operator's Manual
agents who require access to the Software for the purposes of Customer's internal business and who use it in accordance with
the terms of this License Agreement. Customer will not use the Software for the provision of time-sharing services to others.
Customer will not modify the Software or decompile, disassemble or otherwise reverse engineer the Software and will not
have the right to create derivative works of the Software, including, without limitation, translated or localized versions of the
Software. Customer will not export or re-export the Software or the Documentation or any portion thereof without appropriate
United States or foreign governmental licenses.
Customer will implement appropriate measures, such as the requirement that employees and others permitted access to the
Software enter into appropriate non-disclosure agreements, to satisfy its obligations hereunder and, generally, will treat the
Software and Documentation with the same degree of care and confidentiality which Customer provides for its own
confidential information. Customer acknowledges that it may be held legally responsible for any copyright infringement or
trade secret violation that is caused, in whole or in part, by its failure to abide by the terms of this License Agreement. Since
unauthorized transfer, use or disclosure of the Software and Documentation would diminish their value to SEC and its
suppliers, who would have no adequate remedy at law if Customer breaches its obligations under this License Agreement,
SEC and its suppliers (who are direct and intended beneficiaries of this License Agreement) will be entitled to injunctive relief,
in addition to such other remedies and relief that would be available to them in the event of such a breach.
6.
Limited Warranty; Limitation of Liability.
The provisions of the Equipment Agreement respecting maintenance and
warranty will not apply to the Software or the Documentation, unless specifically stated otherwise and agreed to in writing by
both parties. SEC's sole warranties with respect to the Software and Documentation are that (i) SEC has title to the Software
and Documentation and/or the right to grant Customer the license set forth in this License Agreement and (ii) the magnetic
media on which the Software is recorded is free from defects in materials and workmanship under normal use. SEC's sole
obligation under this warranty will be to replace any defective media returned to it free of charge. The period of this warranty
will be 12 months from the date of the Equipment Agreement (the “Warranty Period”).
EXCEPT AS SET FORTH IN THIS SECTION 6, SEC DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, WITH
RESPECT TO THE SOFTWARE OR THE DOCUMENTATION OR THEIR OPERATION OR USE, INCLUDING, WITHOUT
LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE OR
USE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION
DOES NOT APPLY IN SUCH STATES. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO
HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
SEC AND ITS SUPPLIERS, EMPLOYEES, AGENTS AND FRANCHISEES WILL IN NO EVENT BE LIABLE FOR ANY
INCIDENTAL, CONSEQUENTIAL OR OTHER DIRECT OR INDIRECT DAMAGES (FOR LOSS OF BUSINESS
INFORMATION OR PROFITS OR OTHERWISE) SUFFERED BY CUSTOMER, ANY OF ITS EMPLOYEES OR AGENTS OR
ANY OTHER PERSON ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SOFTWARE
OR THE DOCUMENTATION, OR THE MAINTENANCE OR SUPPORT THEREOF, EVEN IF THEY HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. SEC neither assumes nor authorizes any employee, agent or franchisee to
assume for SEC any other liability in connection with the license, use or performance of the Software or Documentation.
Customer is solely responsible for the selection of the Software to achieve Customer’s intended results, for the conformity of
the computer on which the Software is run to SEC’s specifications or requirements and for the maintenance of such computer
in good working order and repair. SEC’s suppliers do not warrant the Software, assume any liability regarding the use of the
Software or undertake to provide any maintenance, support or information regarding the Software.
7.
U.S. Government Restricted Rights.
The Software and Documentation are provided with restricted rights. Use, duplication
or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraphs (c)(1)(ii) of the Rights in Technical
Data and Computer Software Clause of Department of Defense Federal Acquisition Supplement (DFARS) 252.227-7013 or in
subparagraph (g)(3)(i) of Federal Acquisition Regulations (FAR) 52.227-14, Alternate III, as applicable.
8.
Indemnity.
SEC will defend and hold Customer harmless from any claim, action, suit or proceeding brought against
Customer to the extent that it is based on a claim that the use of the Software, as such, in accordance with this License