HDR Image Analyzer v1.0r3 56 www.aja.com
its essential purpose. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION
OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO SOME OR ALL OF THE TERMS OF THIS PARAGRAPH MAY NOT APPLY
TO YOU.
10. Third Party Code. Certain third party software programs may also
be installed on or otherwise made available with the AJA device with which this
Software License Agreement is provided. Intellectual property rights notices and
license terms applicable to such third party software are set forth at https://www.
aja.com/hdra-third-party-license-notice. In addition to such third party notices
and license terms, the disclaimer of warranties and limitation of liability provisions
in this Software License Agreement also apply to all third party software
programs made available by AJA (i.e., in the same manner that they apply to AJA
Software).
11. Export Law Assurances. You may not use or otherwise export or
reexport the AJA Software except as authorized by United States law and the
laws of the jurisdiction in which the AJA Software was obtained. In particular, but
without limitation, the AJA Software may not be exported or re-exported (a) into
(or to a national or resident of) any U.S. embargoed countries, or (b) to anyone on
the U.S. Treasury Department's list of Specially Designated Nationals or the U.S.
Department of Commerce Denied Persons List or Entity List or any similar legal
designation. By using the AJA Software, you represent and warrant that you are
not located in, under control of, or a national or resident of any such country or on
any such list.
12. Government End Users. The AJA Software including its
documentation is a "Commercial Item", as that term is defined at 48 C.F.R. § 2.101,
consisting of "Commercial Computer Software" and "Commercial Computer
Software Documentation", as such terms are used in 48 C.F.R. § 12.212 or 48
C.F.R. § 227.7202 (or their successors), as applicable. Consistent with these
provisions, the AJA Software is licensed to U.S. Government end users (a) only
as a Commercial Item and (b) with only those rights as are granted to all other
end users pursuant to this Agreement. Unpublished-rights reserved under the
copyright laws of the United States.
13. Controlling Law and Severability. This Agreement will be governed
by and construed in accordance with the laws of the State of California, as applied
to agreements entered into and to be performed entirely within California
between California residents. This Agreement will not be governed by the
United Nations Convention on Contracts for the International Sale of Goods, the
application of which is expressly excluded. If for any reason a court of competent
jurisdiction finds any provision, or portion thereof, to be unenforceable, the
remainder of this Agreement will continue in full force and effect.
14. Complete Agreement; Governing Language. This Agreement
constitutes the entire agreement between the parties with respect to
the use of the AJA Software licensed hereunder and supersedes all prior
or contemporaneous understandings regarding such subject matter. No
amendment to or modification of this Agreement will be binding unless in writing
and signed by AJA. Any translation of this Agreement is intended for convenience
and to meet local requirements and in the event of a dispute between the English
and any non-English versions, the English version of this Agreement will govern.
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