User's Guide
The Product Software provides you information (“Product Information”) regarding your baby. All Prod-
uct Information is provided “as is” and “as available”. We cannot guarantee that it is correct or up to
date. In cases where it is critical, accessing Product Information through the Product Software is not a
substitute for direct access of the information in the home.
10.
Confidentiality. “Confidential Information” shall mean the Product Software and all other information
disclosed to you that HBI characterizes as confidential at the time of its disclosure either in writing
or orally, except for information which you can demonstrate: (a) is previously rightfully known to you
without restriction on disclosure; (b) is or becomes, from no act or failure to act on your part, generally
known in the relevant industry or public domain; (c) is disclosed to you by a third party as a matter of
right and without restriction on disclosure; or (d) is independently developed by you without access to
the Confidential Information. You shall use your best eforts to preserve and protect the confidentiality
of the Confidential Information at all times, both during the term hereof and for a period of at least 3
years after termination of this EULA, provided, however, that any source code you receive shall be held
in confidence in perpetuity. You shall not disclose, disseminate or otherwise publish or communicate
Confidential Information to any person, firm, corporation or other third party without the prior written
consent of HBI. You shall not use any Confidential Information other than in the course of the activities
permitted hereunder. You shall notify HBI in writing immediately upon discovery of any unauthorized
use or disclosure of Confidential Information or any other breach of this EULA, and will cooperate with
HBI in every reasonable way to regain possession of Confidential Information and prevent any further
unauthorized use. If you are legally compelled to disclose any of the Confidential Information, then,
prior to such disclosure, you will (i) immediately notify HBI prior to such disclosure to allow HBI an op-
portunity to contest the disclosure, (ii) assert the privileged and confidential nature of the Confidential
Information, and (iii) cooperate fully with HBI in protecting against any such disclosure and/or obtain-
ing a protective order narrowing the scope of such disclosure and/or use of the Confidential Informa-
tion. In the event such protection is not obtained, you shall disclose the Confidential Information only to
the extent necessary to comply with the applicable legal requirements.
11.
For U.S. Government End Users. The Product Software is a “commercial item,” as that term is defined at
48 C.F.R. 2.101 (OCT 1995), and more specifically is “commercial computer software” and “commercial
computer software documentation,” as such terms are used in 48 C.F.R. 12.212 (SEPT 1995). Consistent
with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (JUNE 1995), the Product Software
is provided to U.S. Government End Users only as a commercial end item and with only those rights as
are granted to all other customers pursuant to the terms and conditions herein.
12.
Export Compliance. The Product Software and related technology are subject to U.S. export control
laws and may be subject to export or import regulations in other countries. You agree to strictly comply
with all such laws and regulations and acknowledge that you have the responsibility to obtain authori-
zation to export, re-export, or import the Product Software and related technology, as may be required.
You will indemnify and hold HBI harmless from any and all claims, losses, liabilities, damages, fines,
penalties, costs and expenses (including attorney’s fees) arising from or relating to any breach by you
of your obligations under this section.
13.
Governing Law; Venue. The courts in some countries will not apply California law to some types of dis-
putes. If you reside in one of those countries, then where California law is excluded from applying, your