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Export, Re-Export, Transfer and Use Controls.
The Software, Documentation and technology or
direct products thereof (hereafter referred to as Software and Technology), supplied by Inscape Data
under the Agreement are subject to export controls under the laws and regulations of the United States
(U.S.) and any other applicable countries’ laws and regulations. Customer shall comply with such laws
and regulations governing export, re-export, transfer and use of Inscape Data Software and Technology
and will obtain all required U.S. and local authorizations, permits, or licenses. Inscape Data and
Customer each agree to provide the other information, support documents, and assistance as may
reasonably be required by the other in connection with securing authorizations or licenses.
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End User License Agreement
U.S. Government End User Purchasers.
The Software and Documentation qualify as “commercial
items,” as that term is defined at Federal Acquisition Regulation (“FAR”) (48 C.F.R.) 2.101, consisting
of “commercial computer software” and “commercial computer software documentation” as such terms
are used in FAR 12.212. Consistent with FAR 12.212 and DoD FAR Supp. 227.7202-1 through
227.7202-4, and notwithstanding any other FAR or other contractual clause to the contrary in any
agreement into which the Agreement may be incorporated, Customer may provide to Government end
user or, if the Agreement is direct, Government end user will acquire, the Software and Documentation
with only those rights set forth in the Agreement. Use of either the Software or Documentation or both
constitutes agreement by the Government that the Software and Documentation are “commercial
computer software” and “commercial computer software documentation,” and constitutes acceptance of
the rights and restrictions herein.
Limited Warranty
Subject to the limitations and conditions set forth herein, Inscape Data warrants that commencing from
the date of shipment to Customer (but in case of resale by an authorized Inscape Data reseller,
commencing not more than ninety (90) days after original shipment by Inscape Data), and continuing
for a period of the longer of (a) ninety (90) days or (b) the warranty period (if any) expressly set forth
as applicable specifically to software in the warranty card accompanying the product of which the
Software is a part (the “Product”) (if any): (a) the media on which the Software is furnished will be free
of defects in materials and workmanship under normal use; and (b) the Software substantially conforms
to the Documentation. The date of shipment of a Product by Inscape Data is set forth on the packaging
material in which the Product is shipped. Except for the foregoing, the Software is provided “AS IS”.
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