A-4
Operator's Manual
Software or the Documentation or any portion thereof without appropriate
United States or foreign governmental licenses.
Customer will implement appropriate measures, such as the requirement that
employees and others permitted access to the Software enter into appropriate
non-disclosure agreements, to satisfy its obligations hereunder and, generally,
will treat the Software and Documentation with the same degree of care and
confidentiality which Customer provides for its own confidential information.
Customer acknowledges that it may be held legally responsible for any copyright
infringement or trade secret violation that is caused, in whole or in part, by its
failure to abide by the terms of this License Agreement. Since unauthorized
transfer, use or disclosure of the Software and Documentation would diminish
their value to SEC and its suppliers, who would have no adequate remedy at law
if Customer breaches its obligations under this License Agreement, SEC and its
suppliers (who are direct and intended beneficiaries of this License Agreement)
will be entitled to injunctive relief, in addition to such other remedies and relief
that would be available to them in the event of such a breach.
6.
Limited Warranty; Limitation of Liability. The provisions of the Equipment
Agreement respecting maintenance and warranty will not apply to the Software
or the Documentation, unless specifically stated otherwise and agreed to in
writing by both parties. SEC's sole warranties with respect to the Software and
Documentation are that (i) SEC has title to the Software and Documentation
and/or the right to grant Customer the license set forth in this License Agreement
and (ii) the magnetic media on which the Software is recorded is free from
defects in materials and workmanship under normal use. SEC's sole obligation
under this warranty will be to replace any defective media returned to it free of
charge. The period of this warranty will be 12 months from the date of the
Equipment Agreement (the “Warranty Period”).
EXCEPT AS SET FORTH IN THIS SECTION 6, SEC DISCLAIMS ANY
WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE
SOFTWARE OR THE DOCUMENTATION OR THEIR OPERATION OR
USE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY
OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR
PURPOSE OR USE. SOME STATES DO NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION DOES NOT
APPLY IN SUCH STATES. THIS WARRANTY GIVES YOU SPECIFIC
