BEING UPGRADED; AND (3) THE MAKING AND USE OF ADDITIONAL COPIES IS LIMITED TO NECESSARY
BACKUP PURPOSES ONLY.
Proprietary Notices. Customer agrees to maintain and reproduce all copyright, proprietary, and other no-
tices on all copies, in any form, of the Soware and Documentation in the same form and manner that
such copyright and other proprietary notices are included on the Soware. Except as expressly autho-
rized in the Agreement, Customer shall not make any copies or duplicates of any Soware without the
prior written permission of Rajant.
Term and Termination. The Agreement and the license granted herein shall remain effective until termi-
nated. Customer may terminate the Agreement and the license at any time by destroying all copies of
Soware and any Documentation. Customer’s rights under the Agreement will terminate immediately
without notice from RAJANT if Customer fails to comply with any provision of the Agreement. Upon termi-
nation, Customer shall destroy or return to RAJANT all copies of Soware and Documentation in its pos-
session or control. All confidentiality obligations of Customer, all restrictions and limitations imposed on
the Customer under the section titled “General Limitations” and all limitations of liability and disclaimers
and restrictions of warranty shall survive termination of this Agreement. In addition, the provisions of the
sections titled “U.S. Government End User Purchasers” and “General Terms Applicable to the Limited
Warranty Statement and End User License Agreement” shall survive termination of the Agreement.
Customer Records. Customer grants to RAJANT and its independent accountants the right to examine
Customer’s books, records, accounts, and network configuration(s) during Customer’s normal business
hours to verify compliance with this Agreement. In the event such audit discloses non-compliance with
this Agreement, Customer shall promptly pay to RAJANT the appropriate license fees, plus the reason-
able cost of conducting the audit.
Export, Re-Export, Transfer and Use Controls. The Soware, Documentation and technology or direct prod-
ucts thereof (hereaer referred to as Soware and Technology), supplied by RAJANT under the
Agreement are subject to export controls under the laws and regulations of the United States (“U.S.”) and
any other applicable countries' laws and regulations. Customer shall comply with such laws and regula-
tions governing export, re-export, import, transfer and use of RAJANT Soware and Technology and will
obtain all required U.S. and local authorizations, permits, or licenses. RAJANT and Customer each agree
to provide the other information, support documents, and assistance as may reasonably be required by
the other in connection with securing authorizations or licenses. Information regarding compliance with
export, re-export, transfer and use.
U.S. Government End User Purchasers. The Soware and Documentation qualify as “commercial items,” as
that term is defined at Federal Acquisition Regulation (“FAR”) (48 C.F.R.) 2.101, consisting of “commercial
computer soware” and “commercial computer soware documentation” as such terms are used in FAR
12.212. Consistent with FAR 12.212 and DoD FAR Supp. 227.7202-1 through 227.7202-4, and notwithstand-
ing any other FAR or other contractual clause to the contrary in any agreement into which the Agreement
may be incorporated, Customer may provide to Government end user or, if the Agreement is direct,
Government end user will acquire, the Soware and Documentation with only those rights set forth in the
Agreement. Use of either the Soware or Documentation or both constitutes agreement by the
Government that the Soware and Documentation are “commercial computer soware” and “commer-
cial computer soware documentation,” and constitutes acceptance of the rights and restrictions herein.
Identified Components; Additional Terms. The Soware may contain or be delivered with one or more
components, which may include third-party components, identified by RAJANT in the Documentation,
readme.txt file, third-party click-accept or elsewhere (e.g. on www.rajant.com) (the “Identified
Component(s)”) as being subject to different license agreement terms, disclaimers of warranties, limited
warranties or other terms and conditions (collectively, “Additional Terms”) than those set forth herein.
You agree to the applicable Additional Terms for any such Identified Component(s).
Limited Warranty
Subject to the limitations and conditions set forth herein, RAJANT warrants that commencing from the
date of shipment to Customer (but in case of resale by an Approved Source other than RAJANT, com-
mencing not more than ninety (90) days aer original shipment by RAJANT), and continuing for a period
of the longer of (a) ninety (90) days or (b) the warranty period (if any) expressly set forth as applicable
specifically to soware in the warranty card accompanying the product of which the Soware is a part