Installation guide

9. EXPORT RESTRICTIONS. You agree to comply with all applicable United States

export control laws, and regulations, as from time to time amended, including without

limitation, the laws and regulations administered by the United States Department of

Commerce and the United States Department of State. You have been advised that

Software Products are subject to the U.S. Export Administration Regulations. You shall not

export, import or transfer Software Products contrary to U.S. or other applicable laws,

whether directly or indirectly, and will not cause, approve or otherwise facilitate others

such as agents or any third parties in doing so. You represent and agree that neither the

United States Bureau of Export Administration nor any other federal agency has

suspended, revoked or denied your export privileges. You agree not to use or transfer the

Products for end use relating to any nuclear, chemical or biological weapons, or missile

technology unless authorized by the U.S. Government by regulation or specific license.

10. U.S. GOVERNMENT RIGHTS. Software Products furnished to the U.S.

Government are provided on these commercial terms and conditions as set forth in

DFARS 227.7202-1(a).

11. ENTIRE AGREEMENT. This Agreement is our offer to license the Software

Product to you exclusively on the terms set forth in this Agreement, and is subject to the

condition that you accept these terms in their entirety. If you have submitted (or hereafter

submit) different, additional, or other alternative terms to Secure Computing or any reseller

or authorized dealer, whether through a purchase order or otherwise, we object to and

reject those terms. Without limiting the generality of the foregoing, to the extent that you

have submitted a purchase order for the Software Product, any shipment to you of the

Software Product is not an acceptance of your purchase order, but rather is a counteroffer

subject to your acceptance of this Agreement without any objections or modifications by

you. To the extent that we are deemed to have formed a contract with you related to the

Software Product prior to your acceptance of this Agreement, this Agreement shall govern

and shall be deemed to be a modification of any prior terms in their entirety.

12. GENERAL. Any waiver of or modification to the terms of this Agreement will not be

effective unless executed in writing and signed by Secure Computing. If any provision of

this Agreement is held to be unenforceable, in whole or in part, such holding shall not

affect the validity of the other provisions of this Agreement. You may not assign this

License or any associated transactions without the written consent of Secure Computing.

This License shall be governed by and construed in accordance with the laws of

California, without regard to its conflicts of laws provisions.

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