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C-4
Operator's Manual
Software for the purposes of Customer's internal business and who use it
in accordance with the terms of this License Agreement. Customer will
not use the Software for the provision of time-sharing services to others.
Customer will not modify the Software or decompile, disassemble or
otherwise reverse engineer the Software and will not have the right to
create derivative works of the Software, including, without limitation,
translated or localized versions of the Software. Customer will not export
or re-export the Software or the Documentation or any portion thereof
without appropriate United States or foreign governmental licenses.
Customer will implement appropriate measures, such as the requirement
that employees and others permitted access to the Software enter into
appropriate non-disclosure agreements, to satisfy its obligations
hereunder and, generally, will treat the Software and Documentation with
the same degree of care and confidentiality which Customer provides for
its own confidential information. Customer acknowledges that it may be
held legally responsible for any copyright infringement or trade secret
violation that is caused, in whole or in part, by its failure to abide by the
terms of this License Agreement. Since unauthorized transfer, use or
disclosure of the Software and Documentation would diminish their
value to SEC and its suppliers, who would have no adequate remedy at
law if Customer breaches its obligations under this License Agreement,
SEC and its suppliers (who are direct and intended beneficiaries of this
License Agreement) will be entitled to injunctive relief, in addition to
such other remedies and relief that would be available to them in the
event of such a breach.
6.
Limited Warranty; Limitation of Liability. The provisions of the
Equipment Agreement respecting maintenance and warranty will not
apply to the Software or the Documentation, unless specifically stated
otherwise and agreed to in writing by both parties. SEC's sole warranties
with respect to the Software and Documentation are that (i) SEC has title
to the Software and Documentation and/or the right to grant Customer
the license set forth in this License Agreement and (ii) the magnetic
media on which the Software is recorded is free from defects in materials
and workmanship under normal use. SEC's sole obligation under this
warranty will be to replace any defective media returned to it free of
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