ETC Element v2.1.0 - Manual (Page 308)

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identification, copyright notices, or other notices or proprietary restrictions from
the Software.
4.
Warranty Information
Software is provided “AS IS” under this License, without warranty of any kind,
either express or implied, including, without limitation, warranties that the
Software is free of defects, merchantable, fit for a particular purpose or non-
infringing. The entire risk as to the quality, operation, and performance of the
Software is with User. Should any Software prove defective in any respect, User
assumes the cost of any necessary servicing, repair or correction. This
disclaimer of warranty constitutes an essential part of this license.
5.
Upgrades
If this copy of the Software is an upgrade from a previous version of the
Software, it is provided to you on a license exchange basis. You agree by your
installation and use of such copy of the Software to voluntarily terminate your
earlier Agreement and that you will not continue to use the earlier version of the
Software or transfer it to another person or entity.
6.
Third-Party Software
The Software may contain third-party software not owned by ETC which requires
notices and/or additional terms and conditions. Such notices and/or terms and
conditions may be obtained by contacting your ETC sales rep and are made a
part of and incorporated by reference into this Agreement. In addition, certain
copyrights notices for such third party software also are included in the
documentation attached hereto. By accepting this Agreement, you are also
accepting the additional notices and terms and conditions, if any, set forth
elsewhere.
7.
U.S. Government Restricted Rights
The Software and any documentation were developed at private expense, are
commercial, and are published and copyrighted. The Software and any
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as set forth in subdivision (c)(1)(ii) of the Rights in Technical Data and Computer
Software Clause at DFARS (48 CFR 252.227-7013) for DoD contracts, in
paragraphs (c)(1) and (2) of the Commercial Computer Software-Restricted
Rights Clause in the FAR (48 CFR 52.227-19) for civilian agencies, or in the case
of NASA, in Clause 18-52.227-86(d) of the NASA Supplement to the FAR, or in
other comparable agency clauses. The contractor or manufacturer is Electronic