User's Manual
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License as End-User’s assignee. End-User shall not otherwise sublicense, assign,
loan, rent, transfer, give or otherwise dispose of its interest in the SMI software to
others, or vend services to others based directly on the SMI software (e.g., service
bureau activities) unless such is otherwise expressly permitted by the terms of a written
agreement between SMI and End-user.
3. TERMINATION OF LICENSE. End-User acknowledges and agrees that the SMI
Software contains valuable trade secrets and proprietary information which are the
sole property of SMI and that violation of End-User’s license obligations hereunder will
cause SMI and its licensed reseller immediate, irreparable harm for which monetary
damages are inadequate. In such event, SMI and/or its licensed reseller shall be
entitled to seek injunctive and equitable relief, in addition to all other remedies available
under law to prevent any such violation, or to secure enforcement of this License.
Without prejudice to any other rights or remedies, SMI and/or its licensed reseller may
terminate this License immediately in the event End-User fails to comply with the terms
and conditions of this License. In such event, End-User must immediately cease all
use of the SMI software, destroy all copies thereof, and provide certication of such
destruction as may be requested by SMI and/or its licensed reseller.
4. SEVERABILITY; APPLICABLE LAW. If any provision of this Agreement is found
to be unlawful, void or unenforceable, then that provision shall be severed from this
Agreement and will not affect the validity or enforceability of any of the remaining
provisions. This Agreement shall be governed, construed and enforced solely and
exclusively in accordance with the laws of the State of Washington, U.S.A., without
regard to conict of law principles
5. U.S. GOVERNMENT RESTRICTED RIGHTS LEGEND. The SMI software and
any accompanying materials are provided with Restricted Rights. Use, duplication, or
disclosure by the U.S. Government and agencies thereof is subject to restrictions set
forth herein and in subparagraphs (c)(1) and (2) of 48 CFR 52.227-19, Commercial
Computer Software-Restricted Rights, as applicable (or, as applicable, similar
regulatory restrictions on Rights in Technical Data and Computer Software, e.g.,
DOD FAR Supplement 252.227-7013 (c)(1)(ii)). Manufacturer is SAGEM MORPHO,
Inc., 1145 Broadway Plaza, Suite 200, Tacoma, WA 98402.
Software License