E-168 – NavCom SF-3040 Rev.F User Manual
Page 170
SF-3040 Product User Guide
– Rev. F
E-168
Specially Designated Nationals, Specially Designated
Narcotics Traffickers, or Specially Designated Terrorists.
Furthermore, you agree not to export, or re-export,
NAVCOM products to any military entity not approved
under the EAR, or to any other entity for any military
purpose, nor will you sell any NAVCOM product for use in
connection with chemical, biological, or nuclear weapons
or missiles capable of delivering such weapons.
11.
Indemnification. You agree to defend, indemnify
and hold NAVCOM, its affiliates and third party suppliers
and their officers, directors, employees, agents and
representatives (each an "Indemnified Party"), harmless
from and against all claims, demands proceedings, injuries,
liabilities, losses, or costs and expenses (including
reasonable legal fees) brought by any third party against
any such persons arising from or in connection with your
use of the Software, regardless of whether such losses are
caused, wholly or partially, by any negligence, breach of
contract or other fault of an Indemnified Party.
12.
Costs of Litigation. If any claim or action is
brought by either party to this License Agreement against
the other party regarding the subject matter hereof, the
prevailing party shall be entitled to recover, in addition to
any other relief granted, reasonable attorney fees and
expenses of litigation.
13.
Severability and Waiver. Should any term of this
License Agreement be declared void or unenforceable by
any court of competent jurisdiction, such declaration shall
have no effect on the remaining terms hereof. The failure
of either party to enforce any rights granted hereunder or to
take action against the other party in the event of any
breach hereunder shall not be deemed a waiver by that
party as to subsequent enforcement of rights of
subsequent actions in the event of future breaches.
14.
Language Clause. If you are a resident of Canada
at the time you accept this License Agreement, then the
parties hereby acknowledge that they have required this
License Agreement, and all other documents relating
hereto, be drawn up in the English language only. Les