User Guide

Table Of Contents
PN 104290 Rev H 17
POSSIBILITY OF SUCH DAMAGES OR WAS NEGLIGENT OR GROSSLY NEGLIGENT. The entire risk
arising out of use or performance of the Software Product remains with the Customer. If a particular state or
jurisdiction does not allow such exclusion or limitation of liability, and, as such, some portion of the above
limitation may not apply to Customer, ASF’s total liability is limited to the greatest extent permitted by law.
5. G
ENERAL TERMS
5.1 Term
. This Agreement is effective until terminated by ASF. Customer may terminate this
Agreement by permanently deleting and destroying the Software Product, any back-up or archival copies, and any
related documentation.
5.2 Termination. Without prejudice to any other rights, ASF may terminate this Agreement and all
rights for Customer to use the Software Product, if the Customer fails to comply with the terms and conditions of
this Agreement. In such event, the Customer must destroy all copies of the Software Product and all of its
component parts.
5.3 Software Transfer. Customer may transfer their entire rights in the Software Product to another
person or entity so long as such person or entity agrees to all the terms of this Agreement and Customer does not
retain any copies of the Software Product. Customer may not lease or rent the Software Product.
5.4 Export Control
. Customer agrees to comply with all export laws and restrictions and regulations
of the United States or foreign agencies or authorities, and not to export or re-export the Software Product or any
direct product thereof in violation of any such restrictions, laws or regulations, or without all necessary approvals.
As applicable, each party shall obtain and bear all expenses relating to any necessary licenses
and/or exemptions with respect to its own export of the Software Product from the United States. Neither the
Software Product nor the underlying information or technology may be downloaded or otherwise exported or re-
exported (i) into Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria or any other country subject to United States
trade sanctions covering the Software Product, to individuals or entities controlled by such countries, or to nationals
or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not
subject to such sanctions; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals
and Blocked Persons or the U.S. Commerce Department’s Table of Denial Orders. By downloading or using the
Software Product, Customer expressly agrees to the foregoing and represents and warrants that it complies with
these conditions.
5.5 Choice of Law
. This Agreement shall be exclusively governed by and construed in accordance
with the laws of the State of Texas, USA, without regard to the choice of law provisions of this or any other
jurisdiction. Any suit hereunder will be brought solely in the federal or state courts in Texas, USA, and Customer
hereby submits to the personal jurisdiction thereof. The 1980 United Nations Convention on Contracts for the
International Sale of Goods shall not be applicable to the Development Agreements. If Texas law is not held to
apply to this Agreement for any reason, then in jurisdictions where warranties, guarantees, representations, and/or
conditions of any type not provided hereunder may not be disclaimed, any such warranty, guarantee, representation
and/or warranty is: (1) hereby limited to the period of either (a) thirty (30) days from the date of delivery; or (b) the
shortest period allowed by law in the applicable jurisdiction if a thirty (30) day limitation would be unenforceable.
If this product was acquired outside the United States, then local laws may apply.
5.6 Indemnity and Disputes
. ASF shall not undertake to resolve any disputes or litigation on
Customer’s behalf involving the use of the Software Product, and Customer agrees to indemnify, hold ASF
harmless, and defend ASF against any disputes involving the use of the Software Product. If any dispute arises
under this Agreement, the prevailing party shall be reimbursed by the other party for any and all legal fees and costs
associated therewith.