Software License Agreement
C-5
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 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
