vii
material to governmental agencies or in litigation, as required by law. Licensor shall give Licensee the greatest
practicable notice of any such compelled disclosure.
2.8. Return of Confidential Information. Upon expiration or termination of this Agreement, each party shall deliver
to the other Confidential Information that is in its possession.
2.9. Irreparable Harm. The parties agree that breach of the above obligations shall be deemed to cause irreparable
harm.
3. UPGRADES/ENHANCEMENTS. If the SOFTWARE PRODUCT is labeled as an upgrade, you must be
properly licensed to use a product identified by LI-COR as being eligible for the upgrade in order to use
the SOFTWARE PRODUCT. A SOFTWARE PRODUCT labeled as an upgrade replaces and/or supplements
the product that formed the basis for your eligibility for the upgrade. You may use the resulting
upgraded product only in accordance with the terms of this Agreement. If the SOFTWARE PRODUCT is
an upgrade component of a package of software programs that you licensed as a single product, the
SOFTWARE PRODUCT may be used and transferred only as part of that single product package and may
not be separated for use on more than one computer.
4. COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to
any images, photographs, animations, video, audio, and text incorporated into the SOFTWARE
PRODUCT) are owned by LI-COR or its suppliers. The SOFTWARE PRODUCT is protected by copyright
laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any
other copyrighted material except that you may install the SOFTWARE PRODUCT on a single computer
provided you keep the original solely for backup or archival purposes. Also, you may not copy the
printed materials accompanying the SOFTWARE PRODUCT.
5. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE PRODUCT and documentation are provided
with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as
set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at
DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted
Rights at 48 CFR 52.227- 19, as applicable. Manufacturer is LI-COR, Inc./4421 Superior Street/Lincoln,
NE 69504.
6. REPRESENTATIONS AND WARRANTIES
6.1. Warranty.
6.2. Licensor warrants that (a) the Software Product will perform substantially in accordance with the accompanying
written materials for a period of ninety (90) days from the date of receipt.
6.3. Limitations: SUBJECT TO THE ABOVE PROVISION IN SECTION 6.2, LICENSOR DISCLAIMS ALL OTHER
REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY
IMPLIED REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A
PARTICULAR PURPOSE. IN NO EVENT SHALL LI-COR OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL,
INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS
INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE
PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF LI-COR HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, LI-COR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS
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