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4. Third-Party Software. The Software may include software, content, data or other materials, including
related documentation, that are owned by third parties other than ETC and that are provided to ETC on
license terms that are in addition to or different from those contained in this Agreement ("Third-Party
Licenses"). A list of all materials, if any, included in the Software and provided under Third-Party Licen-
ses is set forth on Schedule A to this Agreement, and the applicable Third-Party Licenses are accessible
via links therefrom. User is bound by and shall comply with all Third-Party Licenses. Any breach by User
or any of its authorized users of any Third-Party License is also a breach of this Agreement.
5. Software Support; Functionality. All questions and requests relating to Software Support must be direc-
ted to ETC. ETC may change or remove functionality and other features of the Software at any time,
without notice. Support Services will include the provision of updates, bug fixes, patches and other error
corrections (collectively, "Updates") as ETC makes generally available free of charge to all licensees of
the Software. ETC may develop and provide Updates in its sole discretion, and User agrees that ETC
has no obligation to develop any Updates at all or for particular issues. User further agrees that all Upda-
tes will be deemed Software, and related documentation will be deemed documentation, all subject to
all terms and conditions of this Agreement. User acknowledges that ETC may provide some or all Upda-
tes via download from a website designated by ETC and that User's receipt thereof will require an inter-
net connection, which connection is User's sole responsibility. ETC has no obligation to provide Updates
via any other media. Support Services do not include any new version or new release of the Software
that ETC may issue as a separate or new product ("Upgrades"), and ETC may determine whether any
issuance qualifies as an Upgrade or Update in its sole discretion. ETC has no obligation to provide Sup-
port Services, including Updates (i) for any but the most current version or release of the Software, or (ii)
for any copy of Software for which all previously issued Updates have not been installed, or (iii) for any
Software that has been modified other than by or with the authorization of ETC, or that is being used
with any hardware, software, or configuration not specified in the documentation or expressly aut-
horized by ETC in writing.
6. Upgrades. ETC intends to provide, but does not guarantee, Updates or Upgrades of the Software. If the
Software is an Upgrade from a previous version of the Software, then it is provided to User on a license
exchange basis. User agrees by installing and using the upgraded version of the Software to voluntarily
terminate all use of the previous version of the Software. For each Upgrade, User will be prompted to
accept a new terms and conditions relating to User's use of the upgraded Software. User agrees any
earlier agreement governing the use of the previous version of the Software is hereby void and replaced
in its entirety by this Agreement.
7. Feedback. User may provide suggestions, comments or other feedback (collectively, "Feedback")
regarding ETC's products and services, including the Device and Software. Feedback is voluntary. ETC
may use Feedback for any purpose without obligation of any kind. To the extent a license is required
under User's intellectual property rights to make use of the Feedback, User hereby grants to ETC an irre-
vocable, world-wide, non-exclusive, perpetual, fully-paid-up, royalty-free license to use the Feedback in
connection with ETC's business, including the enhancement of the Software and the provision of pro-
ducts and services to its customers.
8. Disclaimer of Warranty. THE SOFTWARE AND DOCUMENTATION ARE PROVIDED TO USER "AS IS"
AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM
EXTENT PERMITTED BY LAW, ETC AND ITS SUPPLIERS AND LICENSORS DISCLAIM ALL
WARRANTIES WITH RESPECT TO THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUITE ENJOYMENT, QUALITY
OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE. ETC AND ITS SUPPLIERS AND
LICENSORS DO NOT WARRANT THAT THE SOFTWARE WILL MEET USER'S REQUIREMENTS, OR
THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT
DEFECTS IN THE SOFTWARE WILL BE CORRECTED. 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 ass-
umes the cost of any necessary servicing, repair or correction. This disclaimer of warranty constitutes an
essential part of this license. ETC STRICTLY DISCLAIMS ALL WARRANTIES WITH RESPECT TO ANY
THIRD-PARTY LICENSES.
9. U.S. Government Restrictions. The Software is commercial computer software, as such term is defined
in 48 C.F.R. §2.101. Accordingly, if the User is the U.S. Government or any contractor therefor, User
shall receive only those rights with respect to the Software and documentation as are granted to all
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