31
regulations and other applicable laws or (G) use the Software in connection with life support systems,
human implantation, medical devices, nuclear facilities, nuclear systems or weapons, aviation, mass transit
or any applications where failure or malfunction could lead to possible loss of life or catastrophic prop-
erty damage.
5. Title and Ownership.
Except for the rights expressly granted above, this License transfers to you no
right, title, or interest in the Software, any product (including, without limitation, profiles in .ICM or .ICC
format) created with the Software or any copyright, patent, trademark, trade secret or other intellec-
tual property or proprietary right in the Software or any such product. NMDA retains sole and exclusive
title to all portions of the Software and any copies thereof, and you hereby assign to NMDA all right, title,
and interest in and to any modifications you make to the Software and any product you make with the
Software, whether or not such modifications are permitted. You agree not to disclose the Software to
anyone.
6. Export Law Assurances.
You may not use or otherwise export or re-export the Software except as
authorized by United States law and the laws of the jurisdiction in which the Software was obtained. In
particular, but without limitation, the software may not be exported or re-exported (I) into (or to a na-
tional or resident of ) any U.S. embargo country or (ii) to anyone on the U.S. Treasury Department’s list of
Specially Designated Nationals or the U.S. Department of Commerce’s Table of Denial Orders. By using the
SpectraView Software, you represent and warrant that you are not located in, under control of, or a na-
tional or resident of any such country or on any such list.
7. Government End Users.
If the Software is supplied to the United States Government, the Software is
classified as “restricted computer software” as defined in clause 52.227-19 of the FAR. The United States
Government’s rights to the Software are as provided in clause 52.227-19 of the FAR.
8. Controlling Law and Severability.
This License shall be governed by the laws of the United States and
the State of Illinois. You irrevocably submit to the jurisdiction of any state or federal court sitting in the
State of Illinois, and any action or proceeding arising out of this License will be heard and determined in
such court. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to
be unenforceable, the remainder of this License shall continue in full force and effect.
9. Complete Agreement.
This License constitutes the entire agreement between the parties with
respect to the use of the Software and supersedes all prior or contemporaneous understandings re-
garding such subject matter. No amendment to or modification of this License will be binding unless in
writing and signed by NMDA.
SpectraView End-User
Software License Agreement
–continued
