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INM MTL SUM5 Rev 7
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5.4 Severability. If any provision of this Agreement is held to be invalid or unenforceable, the
remaining provisions of this Agreement will remain in full force.
5.5 Waiver. The waiver by either party of any default or breach of this Agreement will not constitute
a waiver of any other or subsequent default or breach. Failure to enforce or delay in enforcing
any provision of this Agreement will not constitute a waiver of any rights under any provisions of
this Agreement.
5.6 Entire Agreement. This Agreement constitutes the complete agreement between the
parties and supersedes all prior or contemporaneous agreements or representations, written
or oral, concerning the subject matter of this Agreement. This Agreement may not be modied
or amended except in a writing specically referencing this Agreement and signed by a
duly authorized representative of each party. No other act, document, usage or custom will be
deemed to amend or modify this Agreement. Certain components of the Software may also
be subject to additional paper or electronic license agreements. In such cases, the terms of this
Agreement will be supplemental to those in the additional agreements, to the extent
not inconsistent with the additional agreements. If a copy of this Agreement in a language other
than English is included with the Software or Documentation, it is included for convenience and
the English language version of this Agreement will control.
5.7 Heirs, Successors, and Assigns. Each and all of the covenants, terms, provisions and
agreements herein contained will be binding upon and inure to the benet of the parties
hereto and, to the extent expressly permitted by this Agreement, their respective heirs, legal
representatives, successors and assigns.
5.8 Export Restrictions. Licensee agrees to comply fully with all relevant export laws and
regulations of the United States and all other countries in the world (the “Export Laws”) to
assure that neither the Software nor any direct product thereof are (I) exported, directly or
indirectly, in violation of Export Laws; or (ii) are intended to be used for any purposes prohibited
by the Export Laws. Without limiting the foregoing, Licensee will not export or re-export
the Software: (i) to any country to which the U.S. and/or the Eurpean Union has embargoed or
restricted the export of goods or services (see http://www.treasury.gov/resource-center/
sanctions/Programs/Pages/Programs.aspx), or to any national of any such country, wherever
located, who intends to transmit or transport the Software back to such country; (ii) to any
end user who Licensee knows or has reason to know will utilize the Software in the design,
development or production of nuclear, chemical or biological weapons; or (iii) to any end-user who
has been prohibited from participating in U.S. and/or European Union export
transactions by any federal agency of the U.S. government and/or any European Union country
government.
5.9 U.S. Government Restricted Rights. If the Software is licensed to agencies of the U.S.
Government, the Software is a “commercial item” as that term is dened 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, and is provided to the
U.S. Government only as a commercial end item. Consistent with 48 C.F.R. § 12.212 and 48
C.F.R. §§ 227.7202-1 through 227.7202-4, all U.S. Government End Users acquire the Software
with only those rights set forth herein. Contractor / manufacturer is Eaton Electric Limited, Great
Marlings, Buttereld, Luton, Bedfordshire, LU2 8DL, United Kingdom.
5.10Third Party Intellectual Property Rights. The Software may contain components (including
open source software components) that are owned by third parties (“Third Party Licensors”) and
are provided with, incorporated into, or embedded in, the Software pursuant to
license arrangements between Eaton and such third parties. Third Party Licensor components
in the Software are not licensed or warranted under the terms of this document, but are instead
subject to the Third Party Licensors’ license agreements. Licensee will not modify, delete, or
obfuscate any copyright or other proprietary rights notices of Third Party Licensors contained in
the Software.