American Dynamics ADMPCPU manual Export Restrictions

immediately destroy all copies of the SOFTWARE PRODUCT and all of its component parts.

e.Subsequent EULA. Tyco may also supersede this EULA with a subsequent EULA pursuant to providing you with any future component, release, upgrade, or other modification or addition to the SOFTWARE PRODUCT. Similarly, to the extent that the terms of this EULA conflict with any prior EULA or other agreement between you and Tyco regarding the SOFTWARE PRODUCT, the terms of this EULA shall prevail.

f.Trademarks. This EULA does not grant you any rights in connection with any trademarks or service marks of Tyco, its affiliates, or its suppliers.

g.Rental. You may not rent, lease or lend the SOFTWARE PRODUCT. You may not make it available to others or post it on a server or web site.

4. EXPORT RESTRICTIONS

You agree that you will not export or re-export any portion of the SOFTWARE PRODUCT, or any direct product thereof (the foregoing collectively referred to as the "Restricted Components"), to any country, person or entity subject to U.S. export restrictions. You specifically agree not to export or re- export any of the Restricted Components (i) to any country to which the U.S. has embargoed or restricted the export of goods or services, which currently include, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria, or to any national of any such country, wherever located, who intends to transmit or transport the Restricted Components back to such country; (ii) to any person or entity who you know or have reason to know will utilize the Restricted Components in the design, development or production of nuclear, chemical or biological weapons; or (iii) to any person or entity who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government. You warrant and represent that neither the U.S. Commerce Department, Bureau of Export Administration nor any other U.S. federal agency has suspended, revoked or denied your export privileges.

5. U.S. GOVERNMENT RESTRICTED RIGHTS

The SOFTWARE PRODUCT is Commercial Computer Software provided with "restricted rights" under Federal Acquisition Regulations and agency supplements to them. Any use, duplication or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFAR 255.227-7013 et. seq. or 252.211-7015, or subparagraphs (a) through (d) of the Commercial Computer Software Restricted Rights at FAR 52.227-19, as applicable, or similar clauses in the NASA FAR Supplement. Contractor/manufacturer is Sensormatic Electronics Corporation, One Town Center Road, Boca Raton, FL 33486.

6. CHOICE OF LAW

This Software License Agreement is governed by the laws of the State of Florida and the parties hereby irrevocably agree that they submit themselves to the personal jurisdiction of the state and federal courts of Florida for purposes of resolving any and all disputes arising under or related to these terms and conditions.

7. LIMITED WARRANTY

a."AS IS" WARRANTY. TYCO PROVIDES THE SOFTWARE "AS IS" WITHOUT WARRANTY, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, AND LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE PRODUCT IS WITH YOU. TYCO DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE PRODUCT WILL BE UNINTERRUPTED OR ERROR FREE. TYCO DOES NOT WARRANT THAT THE SOFTWARE PRODUCT WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OF THE SOFTWARE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE. TYCO SHALL NOT BE RESPONSIBLE FOR PROBLEMS CAUSED BY CHANGES IN THE OPERATING CHARACTERISTICS OF THE DEVICE(S) UPON WHICH THE SOFTWARE PRODUCT IS OPERATING, OR FOR PROBLEMS IN THE INTERACTION OF THE SOFTWARE PRODUCT WITH NON-TYCO SOFTWARE OR HARDWARE PRODUCTS. TYCO NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON PURPORTING TO ACT ON ITS BEHALF TO MODIFY OR TO CHANGE THIS WARRANTY, NOR TO ASSUME FOR IT ANY OTHER WARRANTY OR LIABILITY CONCERNING THIS SOFTWARE PRODUCT.

b.LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL TYCO BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, DIRECT OR INDIRECT DAMAGES BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY. SUCH DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF PROFITS, LOSS OF THE SOFTWARE PRODUCT OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE OR REPLACEMENT EQUIPMENT, FACILITIES OR SERVICES, DOWN TIME, PURCHASERS TIME, THE CLAIMS OF THIRD PARTIES, INCLUDING CUSTOMERS, AND INJURY TO PROPERTY. IN ANY EVENT, IF ANY STATUTE IMPLIES WARRANTIES OR CONDITIONS NOT STATED IN THIS EULA, TYCO'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS LICENSE AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO LICENSE THE SOFTWARE PRODUCT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

MEGAPOWER CPU ADMINISTRATOR’S GUIDE

8200-0421-03, REV. G

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