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HFA3 Instructions for Use
2660021166131 Rev. A 2018-11
Legal Notices
D-5
7.3
Severability. If for any reason a court of competent jurisdiction finds any
provision of this Agreement invalid or unenforceable, that provision of the Agreement will be
enforced to the maximum extent permissible and the other provisions of this Agreement will remain
in full force and effect.
7.4
Waiver. If either party fails to exercise a right or insist on strict performance
under this Agreement on one (1) occasion, that party will not be precluded from exercising that
right, or insisting on performance of that obligation on any other occasion; nor will this Agreement
be modified in any way by such failure to exercise a right or insist on strict performance under this
Agreement.
7.5
No Assignment. You will not assign or transfer any rights, duties or obligations
under this Agreement, in full or in part, by operation of law or otherwise, without ZEISS’ prior
written consent. ZEISS may freely assign this Agreement.
7.6
Third Party Beneficiaries. You hereby acknowledge that the Third Party
Licensors are intended third party beneficiaries of this Agreement and have the right to bring legal
action in their own name against You with respect to the Software.
7.7
Export Administration. You will comply fully with all relevant export laws and
regulations of the United States and other applicable export and import laws, including, without
limitation, the U.S. Export Administration Regulations (collectively “Export Controls”). Without
limiting the generality of the foregoing, You will not, and You will require Your representatives not
to, export, direct or transfer the Software, or any direct product thereof, to any destination, person
or entity restricted or prohibited by the Export Controls.
7.8
Use Restriction. The Software, including any integrated Third Party Software,
are not specifically designed, manufactured or intended for use as parts,
components or assemblies
for the planning, construction, maintenance or operation of a nuclear facility. You may not use the
Software for these purposes.
7.9
Entire Agreement. This Agreement, including any addenda, constitutes the
entire agreement between the parties and, other than any ZEISS standard form customer agreement
signed by the parties, supersedes all prior or contemporaneous agreements or representations,
written or oral, concerning the subject matter of this Agreement. In the event of a conflict between
the terms of this Agreement and a signed ZEISS standard form customer Agreement, this Agreement
will control, but solely with respect to the Software. This Agreement may not be modified or
amended except in a writing signed by a duly authorized representative of each party; no other act,
document, usage or custom will be deemed to amend or modify this Agreement. It is expressly
agreed that the terms of this Agreement will supersede the terms in any of Your purchase orders or
other ordering documents.
7.10
Notice to United States Government End Users. The Software and
Documentation delivered to U.S. Government end users are “commercial computer software” as
defined in the Federal Acquisition Regulation (FAR). As such, use, duplication, disclosure,
modification and adaptation of the Software and Documentation will be subject to the license and
license restrictions set forth in this Agreement.
7.11
Additional Information. For Your future reference a copy of this End User
License Agreement will be accessible after You configure the Software. If You have any questions