Haivision Makito, Руководство пользователя

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Warranty Information
Haivision End User Software License Agreement
Makito User’s Guide, v2.1.0, Issue 01 286
6. OTHER PROVISIONS
6.1 Export and Other Restrictions. This Agreement, and all Your rights and Your obligations under this
Agreement, are subject to all applicable Canadian and U.S. Government laws and regulations relating to
exports including, but not limited to, the U.S. Department of Commerce Export Administration Regulations
and all administrative acts of the U.S. Government thereunder. In the event the Licensed Software or the
Hardware is exported from the United States or re-exported from a foreign destination, You shall ensure that
the distribution and export/re-export of the Licensed Software or the Hardware is in compliance with all
laws, regulations, orders, or other restrictions of the U.S. Export Administration Regulations. You agree that
neither it nor any of its Affiliates will export/re-export any Licensed Software, Hardware, technical data,
process, Products, or service, directly or indirectly, to any country for which the Canadian government or
United States government (or any agency thereof) requires an export license, other governmental approval,
or letter of assurance, without first obtaining such license, approval or letter.
6.2 Publicity. Neither party shall make or authorize or permit any other person to make any
announcement or other like statement concerning this Agreement or the subject matter, terms or conditions
hereof, without the other party’s prior written consent.
6.3 Transfer and Assignment. Haivision may assign, sublicense, or transfer this Agreement and/or any
or all of its rights or obligations hereunder. You may not assign, transfer or delegate any of its rights or
obligations hereunder (whether by operation of law or otherwise) without the prior written consent of
Haivision. Any unauthorized assignment, transfer or delegation by You shall be null and void. No other
Person shall have or acquire any right under or by virtue of this Agreement.
6.4 Waiver and Amendment. No modification, amendment or waiver of any provision of this
Agreement shall be effective. No failure or delay by either party in exercising any right, power or remedy
under this Agreement, except as specifically provided herein, shall operate as a waiver of any such right,
power or remedy. Without limiting the foregoing, any terms and conditions of the Entitlement or similar
materials submitted by either party to the other shall be of no force or effect.
6.5 Enforcement by Third Party. For any Licensed Software licensed by Haivision from other
suppliers, the applicable supplier is a third party beneficiary of this Agreement with the right to enforce
directly the obligations set forth in this Agreement against You.
6.6 Governing Law. This Agreement shall be governed by and construed in accordance with the laws
of the Province of Québec, Canada and the Laws of Canada applicable therein (excluding any conflict of
laws rule or principle, foreign or domestic).
6.7 Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be
contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of
the original provision to the fullest extent allowed by law and the remaining provisions of this Agreement
shall remain in full force and effect.
6.8 Force Majeure. Neither party shall be liable to the other party for any failure or delay in
performance to the extent that such delay or failure is caused by fire, flood, explosion, war, terrorism,
embargo, government requirement, labor problems, export controls, failure of utilities, civil or military
authority, act of God, act or omission of carriers or other similar causes beyond its control. If any such event
of force majeure occurs, the party delayed or unable to perform shall give immediate notice to the other
party, and the party affected by the other's delay or inability to perform may elect, at its sole discretion, to
terminate this Agreement or resume performance once the condition ceases, with an option in the affected
party to extend the period of this Agreement up to the length of time the condition endured. Unless written
notice is given within 30
calendar days after the affected party is notified of the condition, the latter option
shall be deemed selected. During an event of force majeure, the affected party shall exercise reasonable
effort to mitigate the effect of the event of force majeure.