User's Manual

Jetlun Corporation
Jetlun Gateway User Guide rev 0.3 DRAFT
39
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APPLICABLE LAW REQUIRES SUCH LIABILITY. BECAUSE SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU.
Maintenance and Support. Jetlun shall not be responsible for maintenance or support
of the software. By accepting the license granted under this agreement, you agree that
Jetlun will be under no obligation to provide any support, maintenance or service in
connection with the Software or any application developed by you. Any maintenance and
support of the Related Product will be provided under the terms of the agreement for the
Related Product.
Transfer. In the case of software designed to operate on Jetlun equipment, you may not
transfer the Software to another party except: (1) if you are an end-user, when you are
transferring the Software together with the Jetlun equipment on which it operates; or 2) if
you are a Jetlun licensed distributor, when you are transferring the Software either
together with such Jetlun equipment or are transferring the Software as a licensed duly
paid for upgrade, update, patch, new release, enhancement or replacement of a prior
version of the Software. If you are a Jetlun licensed distributor, when you are transferring
the Software as permitted herein, you agree to transfer the Software with a license
agreement having terms and conditions no less restrictive than those contained herein.
You may transfer all other Software, not otherwise having an agreed restriction on
transfer, to another party. However, all such transfers of Software are strictly subject to
the conditions precedent that the other party agrees to accept the terms and conditions
of this License, and you destroy any copy of the Software you do not transfer to that
party. You may not sublicense or otherwise transfer, rent or lease the Software without
our written consent. You may not transfer the Software in violation of any laws,
regulations, export controls or economic sanctions imposed by the US Government.
Right to Audit. Jetlun shall have the right to audit annually, upon reasonable advance
notice and during normal business hours, your records and accounts to determine
compliance with the terms of this Agreement.
Export Controls. You specifically acknowledge that the software may be subject to
United States and other country export control laws. You shall comply strictly with all
requirements of all applicable export control laws and regulations with respect to all such
software and materials.
US Government Users. If you are a US Government user, then the Software is
provided with "RESTRICTED RIGHTS" as set forth in subparagraphs (c)(1) and (2) of
the Commercial Computer Software-Restricted Rights clause at FAR 52 227-19 or
subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at
DFARS 252.227-7013, as applicable.
Disputes. You and Jetlun hereby agree that any dispute, controversy or claim, except
for any dispute, controversy or claim involving intellectual property, prior to initiation of
any formal legal process, will be submitted for non-binding mediation, prior to initiation of
any formal legal process. Cost of mediation will be shared equally. Nothing in this
Section will prevent either party from resorting to judicial proceedings, if (i) good faith
efforts to resolve the dispute under these procedures have been unsuccessful, (ii) the
dispute, claim or controversy involves intellectual property, or (iii) interim relief from a