Page 34 of 36
P/N 595289-01 Rev B 5/15
OR ADEQUATE SUPPORT SERVICES, EVEN IF SCOTT OR ANY OF ITS
AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAM-
AGES. YOU ACKNOWLEDGE THAT THE LICENSE FEE AMOUNT REFLECTS
THIS ALLOCATION OF RISK. IN ANY CASE, THE ENTIRE LIABILITY OF
SCOTT, ITS AFFILIATES, RESELLERS, DISTRIBUTORS, LICENSORS AND
SUBLICENSEES, UNDER ANY PROVISION OF THIS AGREEMENT SHALL
BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE PARTICU-
LAR SOFTWARE VERSION BEING LICENSED TO YOU PURSUANT TO THIS
AGREEMENT AND SPECIFICALLY EXCLUDES ANY AMOUNT PAID BY YOU
FOR SERVICES, HARDWARE, AND/OR ANY OTHER SOFTWARE. BECAUSE
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LI-
ABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
7.
JAVA
. The Software may contain support for programs written in Java. Java
technology is not fault tolerant and is not designed, manufactured, or intended for
use or resale as on-line control equipment in hazardous environments requiring
fail-safe performance, such as in the operation of nuclear facilities, aircraft navi-
gation or communication systems, air traffic control, direct life support machines,
or weapons systems, in which the failure of Java technology could lead directly
to death, personal injury, or severe physical or environmental damage.
8.
Export Restrictions / Restricted Rights for US Government Customers
. You
shall not to export or re-export the Software, any part thereof, or any process or
service that is the direct product of the Software (collectively referred to as the
“Restricted Components”), to any country, person or entity subject to U.S. export
restrictions. You specifically agree not to export or re-export any of the Restricted
Components (i) to any country to which the U.S. has embargoed or restricted the
export of goods or services, which currently include, but are not necessarily limited
to the Balkans, Belarus, Burma, Cuba, Iran, Iraq, Liberia, Libya, North Korea,
Sudan, Syria, and Zimbabwe (the foregoing list is subject to change - see http://
www.treas.gov/offices/enforcement/ofac/programs/), or to any national of any
such country, wherever located, who intends to transmit or transport the products
back to such country; (ii) to any entity You know or have reason to know will utilize
the Restricted Components in the design, development or production of nuclear,
chemical or biological weapons; or (iii) to any entity You know or have reason to
know has been prohibited from participating in U.S. export transactions by any
federal agency of the U.S. government. The Software may be a “commercial item”
as that term is defined in 48 C.F.R. 2.101 (October 2004), consisting of “com
-
mercial computer software” and “commercial computer software documentation”
as such terms are used in 48 C.F.R. 12.212 (October 2004) and “commercial
computer software,” “computer databases,” “computer programs,” and “computer
software documentation” as such terms are defined in DFARS 252.227-7014(a)
(June 1995). Consistent with 48 C.F.R. 12.212, 48 C.F.R. 27.405(b) (October
2004), 48 C.F.R. 227.7202-3 (October 2004), and DFARS 227.7202-3 (October
1998), all U.S. Government users acquire the Software with only those rights as
set forth herein. Manufacturer is Scott Technologies, Inc. d/b/a Scott Health and
Safety, 4320 Goldmine Road, Monroe, NC 28110.
9.
Equitable Relief
. You acknowledge that, at the time this Agreement is entered,
it would be impossible or inadequate to measure and calculate all of SCOTT’s
damages for the breach of certain provisions of this Agreement, including without
limitation Section 3.1, and that it would require a court of competent jurisdiction
to ascertain SCOTT’s damages. Accordingly, if you breach or threaten to breach
any of your obligations, other than payment when due, SCOTT shall be entitled,
without showing or proving any actual damage sustained, to a stipulated tempo-
rary restraining order, and shall thereafter be entitled to apply for a preliminary
injunction, permanent injunction, and/or order compelling specific performance,
to prevent the breach of your obligations under this Agreement. Nothing in this
Agreement shall be interpreted as prohibiting SCOTT from pursuing or obtain-
ing any other remedies as otherwise available to it for such actual or threatened
breach, including recovery of damages.
END USER LICENSE AGREEMENT CONTINUED...
