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MUN 101879-2.009900.0011
4
measures in any relevant jurisdiction; or if you cease doing business in any form
or are no longer able to meet your obligations within the meaning of this EULA.
11.
Confidentiality
You shall keep secret and confidential and shall not disclose to any third party
any and all confidential information owned or otherwise possessed by ETC
including without limitation the Software, the related documents and the contents
of this EULA without prior written approval from ETC.
12. Ownership
ETC and its licensors shall retain exclusive ownership of all world-wide
intellectual property rights in and to the Software and any copies of the Software.
All rights in and to the Software not expressly granted to User in this EULA are
expressly reserved for ETC and its licensors.
13. Warranty for Third Party’s Intellectual Property Rights
You
shall indemnify, defend and hold harmless ETC and the Supplier (or
Suppliers, as applicable) from and against any and all losses, damages, claims,
liability, costs and expenses (including reasonable attorney fees), suffered or
incurred by ETC or the Supplier as a result of any claim by any third party that by
reason of your use or application of any intellectual property right contained in
the Software constitutes an infringement of any third party’s property rights,
including but not limited to, patent and copyright.
14. Destruction of the Software
Upon termination of this EULA, you must destroy the Software, the related
documents and any and all copies thereof within ten (10) days after the date of
termination and submit documents evidencing such destruction to ETC.
15. Miscellaneous
A) Complete Agreement: This Agreement is the complete agreement
between the parties with respect to the Software and supersedes any other
communication, written or verbal, with respect to the Software.
B) Severability: The provisions of this EULA are severable; if any term or
provision shall be deemed void or unenforceable by a court of competent jurisdiction,
such declaration shall have no effect on the remaining terms and provisions hereof.
C) Governing Law: This Agreement shall be governed by the laws of the
State of Wisconsin, USA.