User's Manual

Helios Installation Guide
© 2012 MicroPower Technologies, Inc. 37
8. USE OF LICENSEE INFORMATION. With respect to any information Licensee provides to MPT in connection with the Software or
the Documentation, MPT may use such information for any purpose without restriction, including, without limitation, for product
support and development purposes, provided that MPT will not use such information in a form that identifies Licensee.
9. TERM AND TERMINATION.
9.1. General. Except as provided below with respect to evaluation and limited term licenses, this EULA and the license(s) granted
herein will remain effective until terminated. Licensee may terminate this EULA and the licenses granted herein by ceasing all use of
the Software and the Documentation, and returning all copies of the Software and the Documentation to MPT. This EULA (including
but not limited to the licenses granted to Licensee herein) will automatically terminate if Licensee fails to comply with any term or
condition of this EULA.
9.2. Evaluation and Term Licenses. If the Software and the Documentation have been licensed to Licensee for evaluation purposes,
this EULA will be effective only until the end of the designated evaluation period. If the Software and the Documentation have been
licensed to Licensee for a limited term as specified in the applicable sales acknowledgement, invoice, or otherwise, then this EULA
will be effective only until the end of such term. Software that is subject to any evaluation or limited term license may contain code
that can disable most or all of the features of such software upon expiration of such evaluation or limited term license, and unless
Licensee has paid the applicable license fee for any additional licenses, Licensee shall have no rights to use such Software or the
corresponding Documentation upon expiration of any such license.
9.3. Obligations Upon Termination or Expiration. Licensee agrees, upon any termination or expiration of this EULA, to cease use of,
and to destroy or return to MPT, all copies of the Software and the Documentation. At MPT's request, Licensee will certify in writing
to MPT that Licensee has complied with these requirements. Notwithstanding anything in this EULA to the contrary, Sections 1, 3, 4,
5.3, 5.6, 6, 7, 8, 9, 10.2, 10.3, 11, 12, and 13 of this EULA shall survive any expiration or termination of this EULA and continue in
perpetuity.
10. LIMITED WARRANTY; DISCLAIMER; LIMITATION OF LIABILITY.
10.1. Limited Warranty. MPT warrants only to the original Licensee that, for a period of two (2) years following MPT's initial
shipment of Software (and not Updates thereto) to such Licensee, such Software, as delivered to such Licensee, will substantially
conform to the corresponding Documentation. Licensee's sole and exclusive remedy, and MPT's entire liability, under this warranty
is for MPT to use commercially reasonable efforts to cause the defective or malfunctioning Software to substantially conform to the
corresponding Documentation. Notwithstanding the foregoing, MPT will have no liability for any defective or malfunctioning
Software under this Section 10.1 if (a) Licensee fails to notify MPT of the defect or malfunction during the Warranty Period, or (b)
the defect or malfunction is caused by (i) use of such Software in combination with any hardware or other software that has not
been approved in writing by MPT, (ii) the negligence or fault of Licensee or a third party, (iii) Licensee's failure to follow the
instructions set forth in the corresponding Documentation, or (iv) modifications to that Software made by any person other than
MPT or an authorized representative of MPT.
10.2. Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY SET FORTH IN SECTION 10.1
ABOVE, THE SOFTWARE AND THE DOCUMENTATION ARE PROVIDED “AS IS”, AND MPT AND ITS SUPPLIERS AND LICENSORS DO NOT
MAKE AND SPECIFICALLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES OF EVERY KIND RELATING TO THE SOFTWARE, THE
DOCUMENTATION, AND/OR USE OF THE SOFTWARE OR THE DOCUMENTATION (INCLUDING, WITHOUT LIMITATION, ACTUAL AND
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT), AS WELL AS ANY
WARRANTIES THAT THE SOFTWARE OR THE DOCUMENTATION (OR ANY ELEMENTS OF EITHER) WILL ACHIEVE A PARTICULAR
RESULT, OR WILL BE UNINTERRUPTED OR ERROR FREE.
10.3. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MPT OR ITS SUPPLIERS
OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE,
OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING FROM LOSS OF PROFITS, REVENUE,
DATA, OR USE, OR FROM INTERRUPTED COMMUNICATIONS OR DAMAGED DATA, OR FROM ANY DEFECT OR ERROR, OR IN
CONNECTION WITH LICENSEE'S ACQUISITION OF SUBSTITUTE GOODS OR SERVICES OR MALFUNCTION OF THE SOFTWARE, OR ANY
SUCH DAMAGES ARISING FROM BREACH OF CONTRACT OR WARRANTY OR FROM NEGLIGENCE OR STRICT LIABILITY) IN
CONNECTION WITH THIS EULA, THE SOFTWARE, THE DOCUMENTATION, AND/OR ANY USE OF THE SOFTWARE OR THE
DOCUMENTATION, EVEN IF MPT OR ANY OF ITS SUPPLIERS OR LICENSORS OR ANY OTHER PERSON HAS BEEN ADVISED OR SHOULD
KNOW OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY REMEDY TO ACHIEVE ITS INTENDED
PURPOSE. WITHOUT LIMITING THE FOREGOING, MPT'S MAXIMUM AGGREGATE LIABILITY IN CONNECTION WITH THIS EULA, THE
SOFTWARE, THE DOCUMENTATION, AND/OR USE OF THE SOFTWARE OR THE DOCUMENTATION SHALL NOT EXCEED THE TOTAL
AMOUNT OF ANY LICENSE FEES AND/OR MAINTENANCE FEES PAID BY LICENSEE IN CONNECTION WITH THE SOFTWARE.
11. U.S. GOVERNMENT RESTRICTED RIGHTS.
11.1. Commercial Software. The Software and the Documentation are deemed to be “commercial computer software” and
“commercial computer software documentation,” respectively, for purposes of Federal Acquisition Regulations (“FAR”) 12.212 and
the Defense FAR Supplement (“DFARS”) 227.7202-1, 227.7202-3, and 227.7202-4, and the restrictions set forth in such regulations,
and this EULA shall be deemed to be the license described in such regulations. Any use, modification, reproduction, release,
performance, display, or disclosure of the Software or the Documentation by any agency, department, or entity of the United States
Government (the “Government”) shall be governed solely by the terms of this EULA and is prohibited except to the extent expressly
permitted by the terms of this EULA. The Software and the Documentation are also deemed to be “restricted computer software”
for purposes of FAR 52.227-14(g)(3) (Alternate III (June 1987)) and FAR 52.227-19, which clauses are incorporated herein by
reference subject to the express restrictions and prohibitions set forth above.
11.2. Certain Technical Data. Any technical data provided by MPT in connection with the Software or the Documentation that is not
covered by the above provisions is deemed to be “technical information related to commercial computer software or commercial
computer software documentation” for purposes of FAR 12.212 and the restrictions set forth therein, and is deemed to be