9. INTELLECTUAL PROPERTY RIGHTS
A. Spectra shall retain all right, title, and interest in the Software Product and to any modifications
or improvements made thereto, and any upgrades, updates or Documentation provided to End
User. End User will not obtain any rights in the Software Product, its updates, upgrades, and
Documentation, as a result of its responsibilities hereunder.
B. End User acknowledges Spectra's exclusive rights in the Software Product and that the Software
Product is unique and original to Spectra and that Spectra is owner thereof. Unless otherwise
permitted by law, End User shall not, at any time during or after the effective Term of the
Agreement, dispute or contest, directly or indirectly, Spectra's exclusive right and title to the
Software Product or the validity thereof.
10. U.S. GOVERNMENT END USERS
The Software Product and related documentation are "Commercial Items," as that term is defined at 48
C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software
Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through
227.7202-4, as applicable. The Commercial Computer Software and Commercial Computer Software
Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b)
with only those rights as are granted to all other End Users pursuant to the terms and conditions
herein. Unpublished rights reserved under the copyright laws of the United States.
11. EXPORT LAW ASSURANCES
You may not use or otherwise export or re-export the Software Product except as authorized by
United States law and the laws of the jurisdiction in which the Software Product was obtained. In
particular, but without limitation, the Software Product may not be exported or re-exported (a) into
(or to a nation or resident of) any U.S. embargoed countries or (b) to anyone on the U.S. Treasury
Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied
Persons List or Entity List. By installing or using any component of the Software Product, you
represent and warrant that you are not located in, under control of, or a national or resident of any
such country or on any such list.
12. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE PRODUCT IS
AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY,
PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, AND EXCEPT AS MAY BE STATED IN THE SPECTRA
MASTER SERVICE AGREEMENT, THE SOFTWARE PRODUCT IS PROVIDED "AS IS," WITH ALL
FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND SPECTRA AND SPECTRA'S
AFFILIATES (COLLECTIVELY REFERRED TO AS "SPECTRA" FOR THE PURPOSES OF SECTIONS
12 AND 13) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE
SOFTWARE PRODUCT, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF
SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF
QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. SPECTRA DOES
NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE
PRODUCT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE PRODUCT WILL MEET
YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE PRODUCT WILL BE
UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE PRODUCT WILL
BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SPECTRA OR
A SPECTRA AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR
LIMITATION ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE
EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
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