User's Guide
Proprietary Notices. Customer agrees to maintain and reproduce all copyright, proprietary, and other
notices on all copies, in any form, of the Software and Documentation in the same form and manner
that such copyright and other proprietary notices are included on the Software. Except as expressly
authorized in the Agreement, Customer shall not make any copies or duplicates of any Software
without the prior written permission of Rajant.
Term and Termination. The Agreement and the license granted herein shall remain effective until
terminated. Customer may terminate the Agreement and the license at any time by destroying all
copies of Software and any Documentation. Customer’s rights under the Agreement will terminate
immediately without notice from RAJANT if Customer fails to comply with any provision of the
Agreement. Upon termination, Customer shall destroy or return to RAJANT all copies of Software and
Documentation in its possession or control. All confidentiality obligations of Customer, all restrictions
and limitations imposed on the Customer under the section titled “General Limitations” and all
limitations of liability and disclaimers and restrictions of warranty shall survive termination of this
Agreement. In addition, the provisions of the sections titled “U.S. Government End User Purchasers”
and “General Terms Applicable to the Limited Warranty Statement and End User License Agreement”
shall survive termination of the Agreement.
Customer Records. Customer grants to RAJANT and its independent accountants the right to examine
Customer’s books, records, accounts, and network configuration(s) during Customer’s normal business
hours to verify compliance with this Agreement. In the event such audit discloses noncompliance with
this Agreement, Customer shall promptly pay to RAJANT the appropriate license fees, plus the
reasonable cost of conducting the audit.
Export, ReExport, Transfer and Use Controls. The Software, Documentation and technology or direct
products thereof (hereafter referred to as Software and Technology), supplied by RAJANT under the
Agreement are subject to export controls under the laws and regulations of the United States (“U.S.”)
and any other applicable countries' laws and regulations. Customer shall comply with such laws and
regulations governing export, reexport, import, transfer and use of RAJANT Software and Technology
and will obtain all required U.S. and local authorizations, permits, or licenses. RAJANT and Customer
each agree to provide the other information, support documents, and assistance as may reasonably be
required by the other in connection with securing authorizations or licenses. Information regarding
compliance with export, reexport, transfer and use.
U.S. Government End User Purchasers. The Software and Documentation qualify as “commercial
items,” as that term is defined at Federal Acquisition Regulation (“FAR”) (48 C.F.R.) 2.101, consisting of
“commercial computer software” and “commercial computer software documentation” as such terms
are used in FAR 12.212. Consistent with FAR 12.212 and DoD FAR Supp. 227.72021 through 227.7202
4, and notwithstanding any other FAR or other contractual clause to the contrary in any agreement into
which the Agreement may be incorporated, Customer may provide to Government end user or, if the
Agreement is direct, Government end user will acquire, the Software and Documentation with only
those rights set forth in the Agreement. Use of either the Software or Documentation or both
constitutes agreement by the Government that the Software and Documentation are “commercial