(b) This Software is a trade secret of NEWTEK for all purposes of the Freedom of Information Act,
(c) This Software is "commercial computer software" subject to limited utilization as provided in the
contract between the vendor and the government entity, and
(d) This Software in all respects is proprietary data belonging solely to NEWTEK.
(e) For units of the Department of Defense (DoD), this Software is sold only with "Restricted Rights" as that
term is defined in the DoD Supplement to the Federal Acquisition Regulations, 52.227-7013 (c) (1) (ii).
(f) Use, duplication or disclosure is subject to restrictions as set forth in subdivision (c) (l) (ii) of the Rights
in Technical Data and Computer Software clause at 52.227-7013. Manufacturer: NEWTEK, 5131 Beckwith
Boulevard, San Antonio, TX 78249.
(g) Title to and ownership of this Software and documentation and any reproductions thereof shall remain
with NEWTEK,
(h) Use of this Software and documentation shall be limited to the facility for which it is required;
(i) If use of the Software is discontinued to the installation specified in the purchase/delivery order and the
US Government desires to use it at another location, it may do so by giving prior written notice to NEWTEK,
specifying the type of computer and new location site. US Governmental personnel using this Software, other
than under a DoD contract or GSA Schedule, are hereby on notice that use of this Software is subject to
restrictions which are the same as or similar to those specified.
(j) If this Software was acquired under a GSA Schedule, the US Government has agreed to refrain from
changing or removing any insignia or lettering from the software or the accompanying written materials that
are provided or from producing copies of manuals or disks (except one copy for backup purposes)
11. General.
This Software License will be construed under the laws of the State of Texas, except for that body of law
dealing with conflicts of law. If any provision shall be held by a court of competent jurisdiction to be contrary
to law, that provision will be enforced to the maximum extent permissible and the remaining provisions of
this License will remain in full force and effect.
12. Special Provisions for Australia.
The following additional Limited Warranty terms apply to Australian original purchasers (licensees) only
and controls over any expressly contradicting warranty terms above. NewTek warrants to the original
Australian purchaser (licensee) of this Software that the recording media on which the software programs
are recorded will be free from defects in materials and workmanship for 90 days from the date of purchase.
During such period defective media will be replaced if the original product is returned to NewTek at the
below address, together with a dated proof of purchase, a statement describing the defects, the faulty media
and your return address. This warranty does not apply to the software program itself, which is provided “as
is”, nor does it apply to media which has been subject to misuse, damage or excessive wear. The benefits to
you by this Limited Warranty are in addition to other rights or remedies you may have under law in relation
to the goods to which the warranty relates:
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are
entitled to a replacement or refund for a major failure and for compensation for any other reasonably