
Appendix B: Software License Agreement B-3
of SEC and its suppliers contained in the Software and Documentation and will reproduce all
such notices and legends on all copies of the Software made by Customer. Customer may not
make copies of the Documentation, but may obtain additional copies of the Documentation
from SEC at its established rates. Except as permitted above, copying of the Software and
Documentation is forbidden.
Customer will not sell, assign, sublicense or transfer this license or sell or otherwise transfer
the Software or Documentation (or any portion thereof) to others. Customer will maintain the
Software and Documentation in confidence and not disclose any data or other information
contained in the Software or Documentation to any party, except for Customer's employees
and agents who require access to the Software for the purposes of Customer's internal
business and who use it in accordance with the terms of this License Agreement. Customer
will not use the Software for the provision of time-sharing services to others. Customer will
not modify the Software or decompile, disassemble or otherwise reverse engineer the
Software and will not have the right to create derivative works of the Software, including,
without limitation, translated or localized versions of the Software. Customer will not export
or re-export the Software or the Documentation or any portion thereof without appropriate
United States or foreign governmental licenses.
Customer will implement appropriate measures, such as the requirement that employees and
others permitted access to the Software enter into appropriate non-disclosure agreements, to
satisfy its obligations hereunder and, generally, will treat the Software and Documentation
with the same degree of care and confidentiality which Customer provides for its own
confidential information. Customer acknowledges that it may be held legally responsible for
any copyright infringement or trade secret violation that is caused, in whole or in part, by its
failure to abide by the terms of this License Agreement. Since unauthorized transfer, use or
disclosure of the Software and Documentation would diminish their value to SEC and its
suppliers, who would have no adequate remedy at law if Customer breaches its obligations
under this License Agreement, SEC and its suppliers (who are direct and intended
beneficiaries of this License Agreement) will be entitled to injunctive relief, in addition to
such other remedies and relief that would be available to them in the event of such a breach.
6. Limited Warranty; Limitation of Liability. The provisions of the Equipment Agreement
respecting maintenance and warranty will not apply to the Software or the Documentation,
unless specifically stated otherwise and agreed to in writing by both parties. SEC's sole
warranties with respect to the Software and Documentation are that (i) SEC has title to the
Software and Documentation and/or the right to grant Customer the license set forth in this
License Agreement and (ii) the magnetic media on which the Software is recorded is free
from defects in materials and workmanship under normal use. SEC's sole obligation under
this warranty will be to replace any defective media returned to it free of charge. The period
of this warranty will be 12 months from the date of the Equipment Agreement (the “Warranty
Period”).
EXCEPT AS SET FORTH IN THIS SECTION 6, SEC DISCLAIMS ANY WARRANTY,
EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE OR THE
DOCUMENTATION OR THEIR OPERATION OR USE, INCLUDING, WITHOUT
LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR OF FITNESS
FOR A PARTICULAR PURPOSE OR USE. SOME STATES DO NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION DOES NOT
APPLY IN SUCH STATES. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS,
AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
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