PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION
AND LIMITATION MAY NOT APPLY TO YOU.
8. U.S. GOVERNMENT END USERS.
The Covered Software is a "commercial item,” as that term is defined in
48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer
software” (as that term is defined at 48 C.F.R. § 252.227-7014(a)(1))
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), all U.S. Government
End Users acquire Covered Software with only those rights set forth
herein. This U.S. Government Rights clause is in lieu of, and
supersedes, any other FAR, DFAR, or other clause or provision that
addresses Government rights in computer software under this License.
9. MISCELLANEOUS.
This License represents the complete agreement concerning subject matter
hereof. If any provision of this License is held to be unenforceable,
such provision shall be reformed only to the extent necessary to make it
enforceable. This License shall be governed by the law of the
jurisdiction specified in a notice contained within the Original
Software (except to the extent applicable law, if any, provides
otherwise), excluding such jurisdiction's conflict-of-law provisions.
Any litigation relating to this License shall be subject to the
jurisdiction of the courts located in the jurisdiction and venue
specified in a notice contained within the Original Software, with the
losing party responsible for costs, including, without limitation, court
costs and reasonable attorneys' fees and expenses. The application of
the United Nations Convention on Contracts for the International Sale of
Goods is expressly excluded. Any law or regulation which provides that
the language of a contract shall be construed against the drafter shall
not apply to this License. You agree that You alone are responsible for
compliance with the United States export administration regulations (and
the export control laws and regulation of any other countries) when You
use, distribute or otherwise make available any Covered Software.
ETERNUS CS800 525
20 ETERNUS CS800 3.2 Open-Source Software
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