User's Guide

MEA WMC6300 Windows User’s Guide
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of the Licensed Software in the practice of a process not specified by MeshNetworks. Section 8 and 9
state the sole, exclusive and entire liability of MeshNetworks, and the sole, exclusive and entire remedy
with respect to any claim of intellectual property infringement by the Licensed Software.
10 TERMINATION. If You breach any provision of this Agreement, then MeshNetworks may, in addition
to any other remedies it may have under law, terminate any license granted hereunder effective
immediately without liability after ten (10) days written notice to You, and You will promptly cease all use
of the Licensed Software and will return to MeshNetworks all copies of the Licensed Software. In such
event, at the request of MeshNetworks you will certify in writing that the original and all copies of the
Licensed Software has been destroyed or returned to MeshNetworks.
11 ASSIGNMENT AND MESHNETWORKS EQUIPMENT TRANSFER. You may not sublicense or
assign this Agreement or any interest or right granted herein without MeshNetworks’ prior written consent.
The Licensed Software is designed and configured for the sole purpose of operating with the
MeshNetworks Equipment, and accordingly this Agreement will be automatically assigned on the sale or
transfer of the MeshNetworks Equipment with which the Licensed Software operates to the person or
entity who takes title to such MeshNetworks Equipment; provided, however, that such assignee or
transferee abides by the obligations and restrictions set forth in this Agreement.
12 GOVERNMENT LICENSEE. The MeshNetworks Equipment and Licensed Software and
accompanying documentation were developed at private expense and no part of them is in the public
domain. The Licensed Software is “Restricted Computer Software” and “Commercial Computer Software”
and if You are acquiring the Licensed Software for the United States Government, then it is acquiring only
“restricted rights” in the Licensed Software and its Documentation, all as defined in the applicable
provisions of the Department of Defense Federal Acquisition Regulation Supplement and the Federal
Acquisition Regulations. Such unit will include a “restricted rights legend” on the MeshNetworks
Equipment and Licensed Software as may be necessary to insure the limitation of rights acquired by the
government. Notwithstanding the foregoing, this Agreement will not become effective with respect to the
United States Government without MeshNetworks’ prior written approval.
13 EXPORT CONTROLS. This Agreement is subject to the laws, regulations, orders, and decrees of
the United States that may be imposed from time to time restricting the import/export of the Products
to/from the United States. You will not export or re-export the Licensed Software, or any part of the
Licensed Software, directly or indirectly, prohibited by or in violation of the laws, rules or regulations of the
United States or any applicable jurisdiction. Nor will You export or re-export the Licensed Software, or
any part of the Licensed Software, directly or indirectly without first obtaining the required permission to
do so from the applicable governmental agencies.
14 COMPLIANCE WITH LICENSES. You agree that upon request from MeshNetworks or the Source,
You will within fifteen (15) days fully document and certify in writing that use of any and all Licensed
Software at the time of the request is in conformity with this Agreement or some other valid license from
MeshNetworks.
15 MISCELLANEOUS. This Agreement is governed by the laws of the state of Florida, United States of
America. The state or federal courts located in or having jurisdiction over Orlando, Florida, United States
of America will have exclusive jurisdiction over all maters pertaining to this Agreement. If any term or
condition of this Agreement is or will become invalid or unenforceable, then such part will be ineffective to
the extent of such invalidity only, without affecting this Agreement’s remaining provisions. Those rights
and obligation, which by their nature are intended to survive the expiration or termination of this
Agreement, will survive. The remedies at law of either party in the event of default or impending default
by the other party in the performance of any terms of this Agreement will not be adequate, and such
terms may be specifically enforced by a decree for specific performance, injunction or other appropriate
equitable relief. The failure of MeshNetworks to enforce at any time any provision of this Agreement will
in no way be construed to be a present or future waiver of such provision, nor will it affect MeshNetworks
ability to enforce any provisions of this Agreement. This Agreement is the entire agreement between the
parties with respect to the subject matter set forth herein and supersedes all prior oral written agreements
between the parties with respect thereto and may only be amended in writing by the parties.