x
E
XHIBIT
A: E
ND
U
SER
L
ICENSE
A
GREEMENT
E
ND
U
SER
L
ICENSE
A
GREEMENT
(EULA)
4)
CONFIDENTIALITY
–
4.1 Confidentiality
The Customer acknowledges that iS5Com Materials contain Confidential Information of
iS5Com and that disclosure of such Confidential Information to any third party could cause
great loss to iS5Com. The Customer agrees to limit access to iS5Com Materials to those em
-
ployees or officers of the Customer who require access to use iS5Com Materials as permitted
by the Contract and this EULA and shall ensure that such employees or officers keep the Con
-
fidential Information confidential and do not use it otherwise than in accordance with the Con
-
tract and this EULA. The obligations set out in this Section 4 shall continue notwithstanding
the termination of the Contract or this EULA and shall only cease to apply with respect to such
part of the Confidential Information as is in, or passes into, the public domain (other than in
connection with the Customer’s breach of this EULA) or as the Customer can demonstrate was
disclosed to it by a third person who did not obtain such information directly or indirectly from
iS5Com.
–
4.2 Irreparable Harm
Without limiting any other rights or remedies available to iS5Com in law or in equity, the Cus
-
tomer acknowledges and agrees that the breach by Customer of any of the provisions of this
EULA would cause serious and irreparable harm to iS5Com which could not adequately be
compensated for in damages and, in the event of a breach by the Customer of any of such pro
-
visions, the Customer hereby consents to an injunction against it restraining it from any fur
-
ther breach of such provisions.
–
4.3 Security
Any usernames, passwords and/or license keys (“
Credentials
”) provided to you by iS5Com
shall be maintained by the Customer and its representatives in strict confidence and shall not
be communicated to or used by any other persons. THE CUSTOMER SHALL BE RESPONSIBLE
FOR ALL USE OF CREDENTIALS, REGARDLESS OF THE IDENTITY OF THE PERSON(S) MAKING
SUCH USE, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IS5COM SHALL
HAVE NO RESPONSIBILITY OR LIABILITY IN CONNECTION WITH ANY UNAUTHORIZED USE OF
CREDENTIALS.
5)
LIMITATION OF LIABILITY
–
5.1 Disclaimer
EXCEPT FOR THE EXPRESS WARRANTIES MADE BY IS5COM IN THE CONTRACT, (A) IS5COM
MAKES NO AND HEREBY EXPRESSLY DISCLAIMS, AND THE PARTIES HERETO HEREBY EXPRESS
-
LY WAIVE AND EXCLUDE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, AND THE
CUSTOMER AGREES NOT TO SEEK OR CLAIM ANY BENEFIT THEREOF, IN EACH CASE, ALL WAR
-
RANTIES, CONDITIONS, REPRESENTATIONS OR INDUCEMENTS (AND THERE ARE NO OTHER
WARRANTIES, CONDITIONS, REPRESENTATIONS OR INDUCEMENTS, ORAL OR WRITTEN, EX
-
PRESS OR IMPLIED, STATUTORY OR OTHERWISE, OF ANY KIND WHATSOEVER SET OUT HERE
-
IN) WITH RESPECT TO THE IS5COM MATERIALS, INCLUDING AS TO THEIR MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, DESIGN OR CONDITION, COMPLIANCE WITH THE
REQUIREMENTS OF ANY APPLICABLE LAWS, CONTRACT OR SPECIFICATION, NON- INFRINGE
-
MENT OF THE RIGHTS OF OTHERS, ABSENCE OF LATENT DEFECTS, OR AS TO THE ABILITY OF
THE IS5COM MATERIALS TO MEET CUSTOMER’S REQUIREMENTS OR TO OPERATE OF ERROR
