Echelon IzoT Resource Editos - Manual (Page 88)

80 Appendix B: NodeBuilder Resource Editor Software License Agreement
SUPPORT
You acknowledge that You shall either (i) inform the end-user that You are the
support contact for the User Resource Files, and that Echelon will not support the
User Resource Files, or (ii) inform the end-user that there will be no support for the
User Resource Files.
COMPLIANCE WITH EXPORT CONTROL LAWS
You agree to comply with all applicable export and reexport control laws and
regulations, including the Export Administration Regulations (“EAR”) maintained by
the United States Department of Commerce. Specifically, You covenant that You
shall not, directly or indirectly, sell, export, reexport, transfer, divert, or otherwise
dispose of any software, source code, or technology (including products derived from
or based on such technology) received from Echelon under this Agreement to any
country (or national thereof) subject to antiterrorism controls or U.S. embargo, or to
any other person, entity, or destination prohibited by the laws or regulations of the
United States, without obtaining prior authorization from the competent government
authorities as required by those laws and regulations. You agree to indemnify, to the
fullest extent permitted by law, Echelon from and against any fines or penalties that
may arise as a result of Your breach of this provision. This export control clause
shall survive termination or cancellation of this Agreement.
GENERAL
This Agreement shall not be governed by the 1980 U.N. Convention on Contracts for
the International Sale of Goods; rather, this Agreement shall be governed by the laws
of the State of California, including its Uniform Commercial Code, without reference
to conflicts of laws principles. This Agreement is the entire agreement between us
and supersedes any other communications, representations or advertising with respect
to the Licensed Software. If any provision of this Agreement is held invalid or
unenforceable, such provision shall be revised to the extent necessary to cure the
invalidity or unenforceability, and the remainder of the Agreement shall continue in
full force and effect. If the Licensed Software is licensed for use by the United States
or for use in the performance of a United States government prime contract or
subcontract, You agree that the Licensed Software is delivered as: (i) "commercial
computer software" as defined in DFARS 252.227-7013, Rights in technical data –
Noncommercial items (Nov 1995), DFARS 252.227-7014 Rights in noncommercial
computer software and noncommercial computer software documentation (Jun 1995),
and DFARS 252.211-7015 Technical data Commercial items (Nov 1995); (ii) as a
"commercial item" as defined in FAR 2.101; or (iii) as "restricted computer software"
as defined in FAR 52.227-19, Commercial computer software—Restricted rights (Jun
1987); whichever is applicable. The use, duplication, and disclosure of the Software
by the Department of Defense shall be subject to the terms and conditions set forth in
this Agreement as provided in DFARS 227.7202. All other use, duplication and
disclosure of the Software and Documentation by the United States shall subject to
the terms and conditions set forth in this Agreement and the restrictions contained in
subsection (c) of FAR 52.227-19, Commercial computer software—Restricted rights
(June 1987), or FAR 52.227-14, Rights in general data Alternative III (June 1987).