Psiber Data Systems RF3D manual Technical Support, Export Control

manual

Nothing contained in this Agreement shall prejudice the statutory rights of any party dealing as a consumer. Nothing contained in this Agreement limits Psiber‘s liability to You in the event of death or personal injury resulting from Psiber‘s negligence. Psiber is acting on behalf of its employees and licensors or affiliates for the purpose of disclaiming, excluding and/or restricting obligations, warranties and liability as provided in this clause 9, but in no other respects and for no other pur- pose.

IF YOU OBTAINED THE SOFTWARE IN GERMANY OR AUSTRIA, and you usually reside in such coun- try, then the paragraphs above under Section 9 do not apply. Instead, Psiber‘s statutory liability for damages shall be limited as follows: (i) Psiber shall be liable only up to the amount of dam- ages as typically foreseeable at the time of entering into the purchase agreement in respect of damages caused by a slightly negligent breach of a material contractual obligation and (ii) Psiber shall not be liable for damages caused by a slightly negligent breach of a non-material contractual obligation.The aforesaid limitation of liability shall not apply to any mandatory statu- tory liability, in particular, to liability under the German Product Liability Act, liability for assuming a specific guarantee or liability for culpably caused personal injuries.You are required to take all reasonable measures to avoid and reduce damages, in particular to make back-up copies of the Software and your computer data subject to the provisions of this Agreement.

10. TECHNICAL SUPPORT.

Psiber has no obligation to furnish You with technical support unless separately agreed in writing between You and Psiber.

11. EXPORT CONTROL.

You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations (collectively the „Export Laws“). In addition, if the Software is identified as export controlled items under the Export Laws, you represent and warrant that you are not a citizen, or otherwise located within, an embargoed nation (including without limitation Iran, Syria, Sudan, Libya, Cuba, and North Korea) and that you are not otherwise prohibited under the Export Laws from receiving the Software. All rights to Use the Software are granted on condition that such rights are forfeited if you fail to comply with the terms of this Agreement.

The Software, including technical data, may be subject to export controls under the U.S. Export Administration Regulations („EAR“) and to import or export controls in other countries. The EAR prohibits the use of the Software and technical data by a Government End-User, as defined here- after, without a license from the U.S. government. A Government End-User is defined in Part 772 of the EAR as „any foreign central,regional or local government department,agency or other entity performing governmental functions; including governmental research institutions, governmental Data corporations or their separate business units (as defined in part 772 of the EAR) which are engaged in the manufacture or distribution of items or services controlled on the Wassenaar Munitions List, and international governmental organizations. This term does not include: utilities (telecommunications companies and Internet service providers; banks and financial institutions; transportation; broadcast or entertainment; educational organizations; civil health and medical organizations; retail or wholesale firms; and manufacturing or industrial entities not engaged in the manufacture or distribution of items or services controlled on the Wassenaar Munitions List.)“ You agree to comply strictly with all applicable import and export regulations and acknowledge that You have the responsibility to obtain licenses to export, re-export, transfer or import the Soft- ware. You further represent that You are not a Government End User as defined above, and You will not transfer the Software to any Government End user without a license.

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