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other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R.
§227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212,
with respect to all other U.S. Government licensees and their contractors.
10. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL ETC OR
ITS AFFILIATES, OR ANY OF ITS SUPPLIERS AND LICENSORS, BE LIABLE TO USER OR ANY THIRD
PARTY FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR INDIRECT
DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE), WHICH
INCLUDE, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, LOSS OF SERVICES, LOST
PROFITS, LOST DATA AND BUSINESS INTERRUPTION, ARISING OUT OF THE USE OR INABILITY TO
USE THE SOFTWARE, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY CASE, THE ENTIRE LIABILITY OF ETC AND ITS AFFILIATES, SUPPLIERS AND LICENSORS,
UNDER THIS AGREEMENT FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN
CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) IS LIMITED TO THE AMOUNT PAID
BY USER, IF ANY, FOR THE SOFTWARE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO USER.
11. Export Regulations and Trade Compliance. The Software and documentation are subject to U.S. export
control laws, including without limitation, the U.S. Export Administration Act and its associated regu-
lations, and may be subject to export or import regulations in other countries. In connection with this
Agreement, both ETC and User will comply with all applicable import, re-import, sanctions, anti-boy-
cott, export, and re-export control laws and regulations, including all such laws and regulations that
apply to a U.S. company, such as the Export Administration Regulations, the International Traffic in
Arms Regulations, and economic sanctions programs implemented by the Office of Foreign Assets Con-
trol. User shall not, directly or indirectly, export, re-export or release the Software or documentation to,
or make the Software or documentation accessible from, any jurisdiction or country to which export, re-
export or release is prohibited by law, rule or regulation. User shall comply with all applicable federal
laws, regulations and rules, and complete all required undertakings (including obtaining any necessary
export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise
making the Software or documentation available outside the United States. User represents and war-
rants that it is not subject to sanctions or otherwise designated on any list of prohibited or restricted par-
ties, including but not limited to the lists maintained by the United Nations Security Council, the U.S.
Government (e.g., the Specially Designated Nationals List and Foreign Sanctions Evaders List of the
U.S. Department of Treasury, and the Entity List of the U.S. Department of Commerce), the European
Union or its Member States, or other applicable government authority.
12. Termination. User may terminate this Agreement by ceasing to use and destroying all copies of the
Software and documentation. This license will automatically terminate in the event User breaches any
of its terms. In the event of a claim of intellectual property infringement by any third party relating to the
Software, ETC may immediately terminate this Agreement. In addition, ETC may choose to discontinue
support of the Software at any time, without notice. In such case, the Software may cease to function
and User's data may become inaccessible. User is solely responsible for backing up any data stored in
the Software.
Nothing in this Agreement shall limit User's right to sell the relevant Device together with the Software being
on such Device if and to the extent the User purchased and further sells the relevant device within a country
that transposed Directive 2009/24/EC into such country's applicable laws. It being clarified that this Agreement
terminates and User has to destroy any back-up copy made of the Software as soon as User ceases to be the
owner of the relevant Device.
13. Indemnification. User shall indemnify, defend and hold harmless ETC and its suppliers and licensors
from and against any and all losses, damages, claims, liabilities, fines, costs and expenses (including
reasonable attorney fees) arising out of User's breach of this Agreement.
14. Privacy. User acknowledges that ETC may, directly or indirectly through the services of third parties, col-
lect and store information regarding use of the Software and use of the Device on which the Software is
installed through the provision of Support Services. User agrees ETC may use such information for any
purpose related to any use of the Software by User or on User's equipment including but not limited to
EULA
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