CAE CathLabVR Simulator, User Manual, Page: 6 / 95

Front Matter
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PN: 905K400652
9. Third-Party Software
9.1 The Software may come bundled or otherwise be distributed with open source or other third
party software, which is subject to the terms and conditions of the specific license under which it is
distributed. OPEN SOURCE SOFTWARE IS PROVIDED BY CAE "AS IS" WITHOUT ANY WARRANTY,
EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS EULA, AS IT RELATES TO ANY AND ALL
CLAIMS ARISING OUT OF OR IN CONNECTION WITH OPEN SOURCE SOFTWARE, DELL SHALL HAVE NO
LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL
DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT
LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE
OF OPEN SOURCE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. Administrative Positions
10.1 Applicable Law and Jurisdiction: This License shall be governed by, subject to, and interpreted
according to the laws of the State of Florida, U. S. A., without regard to its conflict of law rules. In all
cases, the Parties expressly exclude and waive the application of the United Nations Convention on
Commercial Agreements for the International Sale of Goods (1980) (Vienna Sales Convention) as
amended. The exclusive jurisdiction for the resolution of any and all disputes arising out of or in
connection with this Agreement shall be a court of appropriate jurisdiction located in the State of
Florida, U.S.A. Each Party hereby waives any right that it might otherwise have to object to such venue
or seek dismissal of the action on the basis of forum non-conveniens. EACH PARTY HERETO
IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL
RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS
LICENSE. Notwithstanding the foregoing, if a party seeks injunctive proceedings to preserve
confidentiality obligations or intellectual property rights, then it is entitled to seek relief before the
competent court/body of any jurisdiction.
10.2 United States Government Licensee: If Licensee is the United States Government (“U.S.
Government”) or a unit or agency of the U.S. Government, the Software and Data are deemed to be
“commercial computer software” and “commercial computer software documentation”, respectively,
pursuant to DFAR Section 227.7202 and FAR Section 12.212 b) as applicable. Any use, modification,
reproduction, release, performance, display, or disclosure of the Software and/or Data by the U. S.
Government, or any of its units or agencies shall be governed solely by the terms of this License and
the HEPGTC. Any technical data provided by CAE with the Product that is not covered by the above
provisions is deemed to be "technical data-commercial items" pursuant to DFAR Section
252.227.7015(a).
10.3 Export Controls: Licensee acknowledges that the laws and regulations of the United States may
restrict the export and re-export of commodities and technical data of United States origin, including
the Software. Licensee agrees that it will not export or re-export Software of, or containing items of,
United States origin, in any form, without the appropriate United States and foreign governmental
licenses.