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LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
<br /> NONINFRINGEMENT. CASSIDIAN COMMUNICATIONS DOES NOT WARRANT THAT THE SOFTWARE IS
<br /> ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION.
<br /> 5.5 The warranties in this Section 5 will not apply to any defects or problems caused in whole or part by(i)
<br /> defects in any equipment, (ii) failure of any portion of equipment to function in accordance with manufacturer's
<br /> specifications, (iii) modifications or enhancements made to the Software by anyone other than Cassidian
<br /> Communications,(iv)any software,hardware, firmware,peripheral or communication devices used with the Software
<br /> not provided by or approved of in writing by Cassidian Communications,(v)failure of Licensee or any third party to
<br /> follow Cassidian Communications' most current instructions for proper use of the Software, (vi) negligence of
<br /> Licensee or any third party, or(vii) failure to install and use the updates,modifications and corrections provided by
<br /> Cassidian Communications. If Licensee falls within any of the foregoing exceptions and requests Cassidian
<br /> Communications to provide support services for such defect or problem,Licensee will pay Cassidian Communications
<br /> for services at Cassidian Communications'then current hourly rate.
<br /> 6 License Grant.
<br /> 6.1 Scope. Cassidian Communications hereby grants to Licensee,and Licensee accepts,a non-exclusive,non-
<br /> transferable license to use the object code version of the Software and the Documentation for its internal business
<br /> purposes in accordance with this Agreement. Licensee may use the Software only on the equipment or substitute
<br /> equipment approved in writing by Cassidian Communications. Licensee may make one copy of the Software for
<br /> backup purposes only but shall include therein all proprietary marks and notices included in the original. Licensee may
<br /> not otherwise copy or permit the copying of any part of the Software or Documentation.
<br /> 6.2 Restrictions on Use. Licensee may not,directly or indirectly,(i)reverse engineer,decompile,disassemble
<br /> or otherwise attempt to discover the source code or underlying ideas or algorithms of the Software; (ii) modify,
<br /> translate,or create derivative works based on the Software;(iii)copy(except for archival purposes),rent,lease,resell,
<br /> sublicense,distribute,assign,or otherwise transfer rights to the Software,except as otherwise provided herein;(iv)use
<br /> or allow the transfer, transmission, export, or re-export of the Software in violation of any export control laws or
<br /> regulations administered by the U.S. Commerce Department,OFAC, or any other government agency; or(v)remove
<br /> any proprietary notices or labels on the Software.
<br /> 6.3 Updates and Upgrades. Updated or upgraded versions of the Software may be created or issued by
<br /> Cassidian Communications from time to time.If the Software is updated or upgraded,Licensee is bound by the terms
<br /> of this License and may only use that updated or upgraded Software in accordance with this License. Cassidian
<br /> Communications may, at its sole discretion, require the installation of software updates or upgrades to maintain any
<br /> applicable warranty.
<br /> 6.4 Intellectual Property, Trademark and Copyright. Cassidian Communications retains ownership of the
<br /> Software, any portions or copies thereof, and all rights therein. Cassidian Communications reserves all rights not
<br /> expressly granted to Licensee. This License does not grant Licensee any rights in connection with any trademarks or
<br /> service marks of Cassidian Communications,its suppliers or licensors. All right,title,interest and copyrights in and to
<br /> the Software and the accompanying Documentation and any copies of the Software are owned by Cassidian
<br /> Communications,its suppliers or licensors. All title and intellectual property rights in and to the content which may be
<br /> accessed through use of the Software is the property of the respective content owner and may be protected by
<br /> applicable copyright or other intellectual property laws and treaties. This License grants Licensee no rights to use such
<br /> content.
<br /> 6.5 U.S. Government Restricted Rights. The Software and associated Equipment and Documentation are
<br /> provided with RESTRICTED RIGHTS. With respect to any acquisition of the Software by or for any unit or agency of
<br /> the United States Government("Government"),the Software shall be classified as"commercial computer software,"as
<br /> that term is defined in the applicable provisions of the Federal Acquisition Regulation ("FAR") and supplements
<br /> thereto, including the Department of Defense (DoD) FAR Supplement ("DFARS"). The Software was developed
<br /> entirely at private expense and no part of the Software was first produced in the performance of a Government contract.
<br /> If the Software is supplied for use by DoD,the Software is delivered subject to the terms of this LICENSE and either
<br /> (i) in accordance with DFARS 227.7202-1(a) and 227.7202-3(a) or (ii) with restricted rights in accordance with
<br /> DFARS 252-227-7013(Oct. 1988),as applicable. If the Software is supplied for use by Government agency other than
<br /> DoD,the Software is restricted computer software delivered subject to the terms of this LICENSE and(i)FAR 12.212;
<br /> (ii)FAR 52.227-19;or(iii)FAR 52.227-14,as applicable.
<br /> 6.6 Beta Release or Pre-Release Versions. In the event the licensed software or any software module is a beta
<br /> release or pre-release version,the terms of this Section 6.6 and Agreement shall apply in their entirety. The license to
<br /> use the licensed software shall expire on the date set forth in the applicable Beta Site Agreement signed by licensee or,
<br /> in the absence of such agreement, 120 days after installation or 120 days from the date on which the software or
<br /> module was first made available or presented to you. The licensed software may contain more or less features than the
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