Secure Computing sidewinder, Startup Manual

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5. LIMITATION OF REMEDIES. SECURE COMPUTING'S AND ITS LICENSORS ENTIRE LIABILITY UNDER, FOR
BREACH OF, OR ARISING OUT OF THIS AGREEMENT, IS LIMITED TO A REFUND OF THE PURCHASE PRICE OF THE
PRODUCT OR SERVICE THAT GAVE RISE TO THE CLAIM. IN NO EVENT SHALL SECURE COMPUTING OR ITS
LICENSORS BE LIABLE FOR YOUR COST OF PROCURING SUBSTITUTE GOODS. IN NO EVENT WILL SECURE
COMPUTING OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL,
EXEMPLARY, OR OTHER DAMAGES WHETHER OR NOT SECURE COMPUTING HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH LOSS OR DAMAGE.
6. TERM AND TERMINATION. This license is effective until terminated. You may terminate it at any time by destroying the
Software, including all computer programs and Documentation, and erasing any copies residing on computer equipment.
This Agreement also will automatically terminate if you do not comply with any terms or conditions of this Agreement. Upon
such termination you agree to destroy the Software and Documentation and erase all copies of the Software residing on
computer equipment. Notwithstanding the foregoing, each license to use a Software Module will automatically terminate on
expiration of its applicable term (as set forth on your invoice) unless it is renewed prior to such termination.
7. PROTECTION OF CONFIDENTIAL INFORMATION. The Software and Documentation are delivered to you on a
confidential basis and you are responsible for employing reasonable measures to prevent the unauthorized disclosure or use
thereof, which measures shall not be less than those measures employed by you in protecting your own proprietary
information. You may disclose the Software or Documentation to your employees as necessary for the use permitted under
this Agreement. You shall not remove any trademark, trade name, copyright notice or other proprietary notice from the
Software or Documentation.
8. OWNERSHIP. The Software and Documentation are licensed (not sold) to you. All intellectual property rights including
trademarks, service marks, patents, copyrights, trade secrets, and other proprietary rights in or related to the Software and
Documentation are and will remain the property of Secure Computing or its licensors, whether or not specifically recognized
or protected under local law. You will not remove any product identification, copyright notices, or other legends set forth on
the Software or Documentation.
9. EXPORT RESTRICTIONS. You agree to comply with all applicable United States export control laws, and regulations, as
from time to time amended, including without limitation, the laws and regulations administered by the United States
Department of Commerce and the United States Department of State. You have been advised that the Software is subject to
the U.S. Export Administration Regulations. You shall not export, import or transfer Software contrary to U.S. or other
applicable laws, whether directly or indirectly, and will not cause, approve or otherwise facilitate others such as agents or any
third parties in doing so. You represent and agree that neither the United States Department of Commerce nor any other
federal agency has suspended, revoked or denied your export privileges. You agree not to use or transfer the Software for
end use relating to any nuclear, chemical or biological weapons, or missile technology unless authorized by the U.S.
Government by regulation or specific license.
10. U.S. GOVERNMENT RIGHTS. Any Software or Documentation acquired by or on behalf of a unit or agency of the
United States Government is "commercial computer software" or "commercial computer software documentation" and,
absent a written agreement to the contrary, the Government's rights with respect to such Software or Documentation are
limited by the terms of this Agreement, pursuant to FAR § 12.212(a) and its successor regulations and/or DFARS §
227.7202-1(a) and its successor regulations, as applicable.
11. ENTIRE AGREEMENT. This Agreement is our offer to license the Software and Documentation to you exclusively on
the terms set forth in this Agreement, and is subject to the condition that you accept these terms in their entirety. If you have
submitted (or hereafter submit) different, additional, or other alternative terms to Secure Computing or any reseller or
authorized dealer, whether through a purchase order or otherwise, we object to and reject those terms. Without limiting the
generality of the foregoing, to the extent that you have submitted a purchase order for the Software, any shipment to you of
the Software is not an acceptance of your purchase order, but rather is a counteroffer subject to your acceptance of this
Agreement without any objections or modifications by you. To the extent that we are deemed to have formed a contract with
you related to the Software prior to your acceptance of this Agreement, this Agreement shall govern and shall be deemed to
be a modification of any prior terms in their entirety.
12. GENERAL . Any waiver of or modification to the terms of this Agreement will not be effective unless executed in writing
and signed by Secure Computing. If any provision of this Agreement is held to be unenforceable, in whole or in part, such
holding shall not affect the validity of the other provisions of this Agreement. You may not assign this License Agreement or
any associated transactions without the written consent of Secure Computing. This License Agreement shall be governed
by and construed in accordance with the laws of California, without regard to its conflicts of laws provisions.