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Raychem-AR-H58692-ACS30UIT2Programming-EN-1805
COMPLETE AGREEMENT – MODIFICATION IN WRITING
This Agreement constitutes the sole and
complete understanding between the parties with respect to the ACS-30 Software and its use,
and may not be varied except by a writing signed by an officer of nVent. You agree that you may
not rely on any representations concerning the ACS-30 Software to the extent they vary from
this Agreement, and such representations, if any, will neither add to nor vary the terms of this
Agreement.
CHOICE OF LAWS
This Agreement is governed by the laws of the State of California and the United
States, including U.S. Copyright Laws.
EXPORT LAWS
The ACS-30 Software may require a license from the U.S. Department of
Commerce or other governmental agency before it may be exported. The term “export” includes
many acts (such as transferring the ACS-30 Software to a foreign citizen within the United
States), in addition to sending or taking the ACS-30 Software outside the United States. You
agree to ascertain the necessary licensing procedures and obtain any required licenses before
exporting the ACS-30 Software. You also agree to indemnify nVent and assume all financial
responsibility for any losses it may suffer if you do not comply with this paragraph.
GOVERNMENT RESTRICTED RIGHTS
User acknowledges that the ACS-30 Software has been
developed at private expense and is provided with “Restricted Rights.” Use, duplication or
disclosure by the Government is subject to restrictions as set forth in subparagraph (b)(3) and
paragraph (c) of the Rights in Technical Data clause at 48 C.F.R. 252.227-7013, or subparagraphs
(c)(1) and (2) of the Commercial Computer Software – Restricted Rights clause at 48 C.F.R.
52.227-19, as applicable. This provision applies to the ACS-30 Software acquired directly or
indirectly by or on behalf of any government. The ACS-30 Software is a commercial product,
licensed on the open market at market prices, and was developed entirely at private expense
and without the use of any government funds. Any use, modification, reproduction, release,
performance, display, or disclosure of the ACS-30 Software by any government shall be governed
solely by the terms of this Agreement and shall be prohibited except to the extent exactly
permitted by the terms of this Agreement, and no license to the ACS-30 Software is granted to
any government requiring different terms.
ASSIGNMENT
You may neither assign any right nor delegate any obligation under this Agreement
and attempted assignment or delegation shall be void. nVent may freely assign this agreement
and its rights and obligations there under to any third party.
INVALID PROVISIONS
If any of the provisions of this provisions Agreement are invalid under any
applicable statute or rule of law, they are to that extent deemed omitted.
WAIVER
No failure or delay of nVent in exercising or enforcing any right or provision of this
Agreement shall constitute a waiver of such right or provision, or any other right or provision
hereunder. Furthermore, any waiver by nVent of any right or provision of this Agreement shall
not be construed as, or constitute, a continuing waiver of such right or provision, or waiver of
any other right or provision of this Agreement.
HEADINGS
The section titles in this Agreement are for convenience only.
SURVIVABILITY
You agree that the terms and conditions of this Agreement shall survive any
termination of this Agreement and your rights to use the Software.
Should you have any questions concerning this Agreement, or if you desire to contact nVent for
any reason, please write to:
NVENT THERMAL MANAGEMENT
899 Broadway St.
Redwood City, CA 94063-3104
U.S.A
Содержание RAYCHEM ACS-30
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