3.1.2 Matrix Server Third-Party Software

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EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS
AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
7. Indemnification by You.
You agree to indemnify and hold GoAhead harmless against any and all claims, losses, damages and
costs (including legal expenses and reasonable counsel fees) arising out of any claim of a third party
with respect to the contents of the Your products, and any intellectual property rights or other rights or
interests related thereto.
8. High Risk Activities.
The Original Code is not fault-tolerant and is not designed , manufactured or intended for use or resale
as online control equipment in hazardous environments requiring fail-safe performance, such as in the
operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life
support machines or weapons systems, in which the failure of the Original Code could lead directly to
death, personal injury, or severe physical or environmental damage. GoAhead and its suppliers
specifically disclaim any express or implied warranty of fitness for any high risk uses listed above.
9. Government Restricted Rights.
For units of the Department of Defense, use, duplication, or disclosure by the Government is subject to
restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software
clause at DFARS 252.227-7013. Contractor/manufacturer is GoAhead Software, Inc., 10900 N.E. 8th
Street, Suite 750, Bellevue, Washington 98004.
If the Commercial Computer Software Restricted rights clause at FAR 52.227-19 or its successors
apply, the Software and Documentation constitute restricted compute r s o f t w a r e a s d e f i n e d i n t h a t c l a u s e
and the Government shall not have the license for published software set forth in subparagraph (c)(3) of
that clause.
The Original Code (i) was developed at private expense, and no part of it was developed with
governmental funds; (ii) is a trade secret of GoAhead (or its licensor(s)) for all purposes of the Freedom
of Information Act; (iii) is "restricted computer software" subject to limited utilization as provided in the
contract between the vendor and the governmental entity; and (iv) in all respects is proprietary
data belonging solely to GoAhead (or its licensor(s)).
10. Governing Law and Interpretation.
This Agreement shall be interpreted under and governed by the laws of the State of Washington, without
regard to its rules governing the conflict of laws. If any provision of this Agreement is held illegal or
unenforceable by a court or tribunal of competent jurisdiction, the remaining provisions of this
Agreement shall remain in effect and the invalid provision deemed modified to the least degree
necessary to remedy such invalidity.
11. Entire Agreement.
This Agreement is the complete agreement between GoAhead and You and supersedes all prior
agreements, oral or written, with respect to the subject matter hereof.
If You have any questions concerning this Agreement, You may write to GoAhead Software, Inc., 10900
N.E. 8th Street, Suite 750, Bellevue, Washington 98004 or send e-mail to [e-mail]