Wyse Technology WintermTM 9000 Severability, Governing Law, No Third-Party Beneficiary Rights

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Severability

If any provision of this License is held to be invalid or unenforceable under any circumstances, its application in any other circumstances and the remaining provisions of the License shall not be affected.

Governing Law

This License shall be governed by and interpreted in accordance with the laws of the State of California of the United States of America.

No Third-Party Beneficiary Rights

No provisions in any agreement between Wyse Technology and a Third-Party Producer shall be deemed to provide or create any third-party beneficiary rights or any other rights of any kind to Licensee.

Entire Agreement

Opening this package is an acknowledgement that you have read and understood this agreement and that you agree to be bound by its terms and restrictions. You further agree that this license is the complete and exclusive statement of the agreement between you and Licensor, and that it supersedes any prior proposal or agreement, oral or written, and any other communication relating to the subject matter hereof. No vendor, provider, OEM, sales representative, or other person is authorized to modify this License or to make any warranty, representation or promise that is different from those set forth in this License.

Note on Java Support

The Software may contain support for programs written in Java. Java technology is not fault tolerant and is not designed, manufactured, or intended for use or resale as online control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of Java technology could lead directly to death, personal injury, or severe physical or environmental damage.

U.S. Government Restricted Rights

If you are licensing the Software on behalf of the U.S. Government (the “Government”), the following provisions apply to you. If the Software is supplied to the Department of Defense (“DoD”), it is classified as “Commercial Computer Software” under paragraph 252.227-7014 of the DoD Supplement to the Federal Acquisition Regulations (“DFARS”) (or any successor regulations) and the Government is acquiring only the license rights granted herein (the license rights customarily provided to non-Government users). If the Software is supplied to any unit or agency of the Government other than DoD, it is classified as “Restricted Computer Software” and the Government's rights in the Software are defined in paragraph 52.227-19 of the Federal Acquisition Regulations (“FAR”) (or any successor regulations) or, in the case of NASA, in paragraph 18.52.227-86 of the NASA Supplement to the FAR (or any successor regulations).

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