License Agreement
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Fusion Catalyst 4000 Getting Started Guide
JUPITER retains ownership of the Software (except those portions that may be owned by third parties
which retain the ownership thereof) and no rights are granted to you other than a license to use on the terms
expressly set forth in the Agreement.
As defined in FAR section 2.101, DFAR section 252.227-7014(a)(1) and DFAR section 252.227-
7014(a)(5) or other foreign government regulations regulating the use of commercial software by such
government or otherwise, all software and accompanying documentation provided in connection with this
Agreement are “commercial items”, “commercial computer software” and/or “commercial computer
software documentation”. Consistent with DFAR section 227.7202, FAR section 12.212, and other
applicable foreign government regulation, any use, modification, reproduction, release, performance,
display, disclosure or distribution thereof by or for the U.S. or other foreign government shall be governed
solely by the terms of this Agreement and shall be prohibited, except to the extent expressly permitted by
the terms of this Agreement. You shall ensure that each copy used or possessed by or for the government is
labeled to reflect the foregoing.
Upon any violation of any of the provisions of the Agreement, your rights to use the Software shall
automatically terminate and you shall be obligated to return the Software to JUPITER or to destroy all
copies of the Software. If you destroy such Software, you agree to send JUPITER written notification of
such destruction. This Agreement shall be governed by California law, other than its provisions concerning
the applicability of laws of other jurisdictions.
The only warranties are those specifically granted by JUPITER pursuant to its Standard Terms and
Conditions of Sale, which are expressly incorporated herein. The liability of JUPITER, and its licensors, is
specifically limited as set forth in these Standard Terms and Conditions of Sale.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT,
AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS; YOU FURTHER AGREE IT
IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US
WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN
AND BY ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT
MATTER OF THIS AGREEMENT.
