Echelon SmartServer 2.2 - Manual (Page 559)

560 Appendix E – Software License Agreements
LANGUAGE
The parties hereto confirm that it is their wish that this Agreement, as well as other
documents relating hereto, have been and shall be written in the English language
only.
Les parties aux présentes confirment leur volonté que cette convention de même que
tous les documents y compris tout avis qui s'y rattache, soient rédigés en langue
anglaise.
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 or advertising with respect to the Licensed
Software and accompanying documentation. 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 You are acquiring the Licensed Software on
behalf of any part of the U.S. Government, the following provisions apply. The
Licensed Software and accompanying documentation were developed at private
expense and are deemed to be "commercial computer software" and "commercial
computer software documentation", respectively, pursuant to DFAR Section
227.7202 and FAR 12.212(b), as applicable. Any use, modification, reproduction,
release, performance, display or disclosure of the Licensed Software and/or the
accompanying documentation by the U.S. Government or any of its agencies shall be
governed solely by the terms of this Agreement and shall be prohibited except to the
extent expressly permitted by the terms of this Agreement. Any technical data
provided that is not covered by the above provisions is deemed to be "technical
data/commercial items” pursuant to DFAR Section 227.7015(a). Any use,
modification, reproduction, release, performance, display or disclosure of such
technical data shall be governed by the terms of DFAR Section 227.7015(b). You
agree not to export the Licensed Software in violation of the laws and regulations of
the United States or any other nation. Echelon’s direct and indirect licensors of
software incorporated into the Licensed Software are third party beneficiaries of this
Agreement and this Agreement is made expressly for the benefit of, and is
enforceable by, Echelon and such licensors.
Echelon, LON, LonTalk, LonMaker, LonWorks, i.LON, and Neuron are registered
trademarks of Echelon Corporation in the U.S. and other countries. SmartShapes is a
U.S. registered trademark of Microsoft Corporation.