Multitech RF760 User's Guide download pdf (Page 172)

Appendix J – License Agreements

Multi-Tech Systems, Inc. RouteFinderVPN RF760/660/600VPN User Guide (PN S000323D) 172

Licensee acknowledges that the allocation of risk in this License reflects the price paid for the Software and also the fact that it is not within

SurfControl’s control how or for what purposes the Software is used.

THE SECTIONS ON LIMITATION OF LIABILITY, WARRANTIES AND DISCLAIMER OF WARRANTIES ALLOCATE THE RISKS OF THIS LICENSE

BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OF THE SOFTWARE AND IS AN ESSENTIAL ELEMENT OF THE BASIS

OF THE BARGAIN BETWEEN THE PARTIES AND SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF THIS LICENSE OR

ANY REMEDY HEREUNDER.

12. U.S. GOVERNMENT RESTRICTED RIGHTS

If Licensee is an agency of the U.S. Government, then the Software and related documentation provided shall be “commercial computer

software” and “commercial computer software documentation,” respectively, as such terms are used in 48 C.F.R. 12.212 of the Federal

Acquisition Regulations (“FAR”) and its successors and 48 C.F.R. 227.7202 of the Department of Defense FAR Supplement (“DFARS”) and

its successors. In accordance with FAR 12.212 or DFARS 227.7202, as applicable, the Software and related documentation are provided to

all U.S. Government end-users with only those rights set forth in this License.

13. INDEMNITY

Licensee shall indemnify SurfControl, its employees and agents from and against all costs, claims, demands, expenses, fines, penalties and

liabilities whatsoever which may be made against, sustained, paid or incurred by SurfControl, its employees or agents as a direct or indirect

result of Licensee’s breach of contract, negligence, breach

of statutory duty or other act or omission.

14. IMPORT/EXPORT

Licensee acknowledges that the Software may be governed by laws, rules and/or regulations, including, without limitation, the laws and

regulations of the United States, which restrict the import, export and re-export of certain software, technical data and other materials.

Licensee agrees that it will not directly or indirectly, violate any local, state or federal law or regulation of the country or countries in which

Licensee uses the Software, or the export laws of any country which may regulate the import or export of the Software.

15. HIGH RISK ACTIVITIES

The Software is not fault-tolerant and is not designed or intended for use in hazardous environments requiring fail-safe performance,

including without limitation, in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, weapons

systems, direct life-support machines, or any other application in which the failure of the Software could lead directly to death, personal

injury, or severe physical or property damage (collectively, “High Risk Activities”). SurfControl expressly disclaims any express or implied

warranty of fitness for High Risk Activities.

16. MISCELLANEOUS

Licensee acknowledges and agrees that SurfControl may use Licensee’s name in SurfControl’s marketing materials and/or a list of

SurfControl’s customers.

Licensee acknowledges that it has read this License, understands it and agrees to be bound by its terms and conditions. Licensee also

agrees that the License is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior or

contemporaneous oral or written agreements, and any other communications between the parties relating to the subject matter of the

License. It is the intent of the parties that this License will prevail over the terms and conditions of any purchase order, acknowledgment

form or other instrument. Any terms and conditions of any purchase order which are in addition to or inconsistent with the terms and

conditions of this License will be deemed stricken from such purchase order, notwithstanding acknowledgment or acceptance of such

purchase order.

No waiver of any right under this License shall be deemed effective unless contained in writing and signed by a duly authorized

representative of SurfControl, and no waiver of any past or present right arising from any breach or failure to perform shall be deemed to be

a waiver of any future right arising under this License. If any provision in this License is invalid or unenforceable, that provision shall be

reformed to the maximum extent allowed by law to reflect the same economic effect as the invalid or unenforceable provision, and the other

provisions of this License shall remain in full force and effect.

Except for the obligation to pay license fees, a party’s performance under this License is excused if that party is unable to perform under this

License due to an event beyond its reasonable control, including without limitation, natural disasters, labor unrest, government restrictions,

and the like. Licensee shall be responsible for payment of all taxes and duties due pursuant to this License. The section headings

appearing in this License are for the convenience of the parties and do not define or limit the scope or intent of such sections. No

modification of this License shall be binding unless it is in writing and signed by authorized representatives of both parties. The English

language will be the controlling language of this License. All communications and notices given pursuant to this License will be in the

English language. Should you have any questions concerning this License, please contact SurfControl in writing.

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