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Customer may make up to 2 copies of the Software solely for back-up and archival purposes.
Customer will not remove or modify the copyright and other proprietary notices and legends of SEC
and its suppliers contained in the Software and Documentation and will reproduce all such notices
and legends on all copies of the Software made by Customer. Customer may not make copies of the
Documentation, but may obtain additional copies of the Documentation from SEC at its established
rates. Except as permitted above, copying of the Software and Documentation is forbidden.
Customer will not sell, assign, sublicense or transfer this license or sell or otherwise transfer the
Software or Documentation (or any portion thereof) to others. Customer will maintain the Software
and Documentation in confidence and not disclose any data or other information contained in the
Software or Documentation to any party, except for Customer's employees and agents who require
access to the Software for the purposes of Customer's internal business and who use it in accordance
with the terms of this License Agreement. Customer will not use the Software for the provision of
time-sharing services to others. Customer will not modify the Software or decompile, disassemble or
otherwise reverse engineer the Software and will not have the right to create derivative works of the
Software, including, without limitation, translated or localized versions of the Software. Customer
will not export or re-export the Software or the Documentation or any portion thereof without
appropriate United States or foreign governmental licenses.
Customer will implement appropriate measures, such as the requirement that employees and others
permitted access to the Software enter into appropriate non-disclosure agreements, to satisfy its
obligations hereunder and, generally, will treat the Software and Documentation with the same degree
of care and confidentiality which Customer provides for its own confidential information. Customer
acknowledges that it may be held legally responsible for any copyright infringement or trade secret
violation that is caused, in whole or in part, by its failure to abide by the terms of this License
Agreement. Since unauthorized transfer, use or disclosure of the Software and Documentation would
diminish their value to SEC and its suppliers, who would have no adequate remedy at law if
Customer breaches its obligations under this License Agreement, SEC and its suppliers (who are
direct and intended beneficiaries of this License Agreement) will be entitled to injunctive relief, in
addition to such other remedies and relief that would be available to them in the event of such a
breach.
6. Limited Warranty; Limitation of Liability. The provisions of the Equipment Agreement respecting
maintenance and warranty will not apply to the Software or the Documentation, unless specifically
stated otherwise and agreed to in writing by both parties. SEC's sole warranties with respect to the
Software and Documentation are that (i) SEC has title to the Software and Documentation and/or the
right to grant Customer the license set forth in this License Agreement and (ii) the magnetic media on
which the Software is recorded is free from defects in materials and workmanship under normal use.
SEC's sole obligation under this warranty will be to replace any defective media returned to it free of
charge. The period of this warranty will be 12 months from the date of the Equipment Agreement
(the “Warranty Period”).
EXCEPT AS SET FORTH IN THIS SECTION 6, SEC DISCLAIMS ANY WARRANTY,
EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE OR THE DOCUMENTATION
OR THEIR OPERATION OR USE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED
WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE OR
USE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO
THE ABOVE EXCLUSION DOES NOT APPLY IN SUCH STATES. THIS WARRANTY GIVES
YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT
VARY FROM STATE TO STATE.
S–2 SpeedDome Ultra VII Operator's Manual