Operator`s manual

Appendix S: Software License Agreement S-3
notices and legends 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