Software License Agreement
A-5
LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT
VARY FROM STATE TO STATE.
SEC AND ITS SUPPLIERS, EMPLOYEES, AGENTS AND FRANCHISEES
WILL IN NO EVENT BE LIABLE FOR ANY INCIDENTAL,
CONSEQUENTIAL OR OTHER DIRECT OR INDIRECT DAMAGES (FOR
LOSS OF BUSINESS INFORMATION OR PROFITS OR OTHERWISE)
SUFFERED BY CUSTOMER, ANY OF ITS EMPLOYEES OR AGENTS OR
ANY OTHER PERSON ARISING OUT OF OR IN CONNECTION WITH
THE USE OR INABILITY TO USE THE SOFTWARE OR THE
DOCUMENTATION, OR THE MAINTENANCE OR SUPPORT THEREOF,
EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. SEC neither assumes nor authorizes any employee, agent or
franchisee to assume for SEC any other liability in connection with the license,
use or performance of the Software or Documentation.
Customer is solely responsible for the selection of the Software to achieve
Customer’s intended results, for the conformity of the computer on which the
Software is run to SEC’s specifications or requirements and for the maintenance
of such computer in good working order and repair. SEC’s suppliers do not
warrant the Software, assume any liability regarding the use of the Software or
undertake to provide any maintenance, support or information regarding the
Software.
7.
U.S. Government Restricted Rights. The Software and Documentation are
provided with restricted rights. Use, duplication or disclosure by the U.S.
Government is subject to restrictions as set forth in subparagraphs (c)(1)(ii) of
the Rights in Technical Data and Computer Software Clause of Department of
Defense Federal Acquisition Supplement (DFARS) 252.227-7013 or in
subparagraph (g)(3)(i) of Federal Acquisition Regulations (FAR) 52.227-14,
Alternate III, as applicable.
8.
Indemnity. SEC will defend and hold Customer harmless from any claim,
action, suit or proceeding brought against Customer to the extent that it is based
on a claim that the use of the Software, as such, in accordance with this License
Agreement and not as a result of the combination thereof with any other article,
computer software or process, constitutes an infringement of any United States
patent or copyright or the violation of any trade secret, if SEC is notified thereof
