88
Export Control. You agree not to export or re-export from anywhere any part of the Product in any form except in compliance with applicable export
laws, rules and regulations, including but not limited to the laws, rules and regulations administered by the Offi
ce of Foreign Assets Control of the U.S.
Department of Commerce and the Bureau of Industry and Security of the U.S. Department of Commerce.
Miscellaneous. If any provision of this EULA is found to be invalid or unenforceable, it will be enforced to the extent permissible and the remainder of
this EULA will remain in full force and eff ect. Failure by COMPANY to prosecute any right with respect to a default hereunder will not constitute a waiver
by COMPANY of the right to enforce rights with respect to the same or any other breach. No refunds or replacements will be permitted on damaged
Product.
U.S. Government End Users. If the Product is being acquired by or on behalf of the United States Government or any other entity seeking or applying
rights similar to those customarily claimed by the United States Government, this Product and related documentation are “Commercial Items” as that
term is defi ned at 48 C.F.R. (“FAR”) 2.101. This Product and related documentation are licensed to the United States Government end users (a) only
as “Commercial Items” and (b) with only those rights as are granted to all other end users in accordance with this EULA, and each copy of Product
delivered or otherwise furnished shall be marked and embedded as appropriate with the following “Notice of Use,” and shall be treated in accordance
with such Notice:
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