SKF Baker AWA-IV 12 HO, User Manual

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expense, is existing computer software, is a trade secret for all purposes of the Freedom of
Information Act, is “restricted computer software” and in all respects proprietary data
belonging solely to Licensor, and all rights are reserved under the copyright laws of the
United States. Use, duplication, or disclosure by the Government is subject to restricted rights
as set forth in subparagraphs (a) through (d) of the Commercial Computer Software
Restricted Rights clause at FAR 52.227-19, or for DoD units, the restrictions as set forth in
subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at
DFARS 252.227-7013.
17. TRADEMARKS
Licensee agrees that SKF Surveyor, Surveyor DX, Surveyor EXP, Surveyor NetEP, Baker
AWA-IV, Baker DX, EXP4000, NetEP, MTA or any other software within SKF’s condition
monitoring product line and the trade dress, logos and other designations of source used by
Licensor to identify the Software are trademarks or registered trademarks of Licensor.
Licensee shall not use Licensor’s trademarks or service marks without the prior written
consent of Licensor. If the Software contains any active links to web sites, you agree to
maintain such active links and not redirect or modify them.
18. GENERAL PROVISIONS
(18a) Complete Agreement.
The Parties agree that this Agreement is the complete and exclusive statement of the
agreement between the Parties, which supersedes and merges all prior proposals,
understandings and all other agreements, oral or written, between the Parties relating to the
use of the Software.
(18b) Amendment.
This Agreement may not be modified, altered or amended except by written instrument duly
executed by both Parties. Any purchase orders or other ordering documents issued to
Licensee by Licensor shall not have the effect of amending or modifying this Agreement, and
shall only serve to memorialize the number of licenses or products ordered by Licensee. In
the event of a conflict between the PSP Policies and this Agreement, the terms of this
Agreement shall control.
(18c) Waiver.
The waiver or failure of either party to exercise in any respect any right provided for in this
Agreement shall not be deemed a waiver of any further right under this Agreement.
(18d) Severability.
If any provision of this Agreement is invalid, illegal or unenforceable under any applicable
statute or rule of law, it is to that extent to be deemed omitted. The remainder of the
Agreement shall be valid and enforceable to the maximum extent possible.
(18e) Read and Understood.
Each party acknowledges that it has read and understands this Agreement and agrees to be
bound by its terms.
(18f) Limitations Period.
No action arising under, or related to, this Agreement, may be brought by either party against
the other more than two (2) years after the cause of action accrues, unless the cause of
action involves death or personal injury.
PUB CM/I4 71-015 EN V13.2 Static Motor Analyzer—Baker AWA-IV User Manual xi
Notices