or of incidental or consequential damages, so this limitation may not apply
to you. In no event shall TRMS’s total liability to you for all damages (other
than as may be required by applicable law in cases involving personal injury)
exceed the amount of fifty dollars ($50.00). The foregoing limitations will
apply even if the above stated remedy fails of its essential purpose.
Export Control :
You may not use or otherwise export or reexport the TRMS Software except as
authorized by United States law and the laws of the jurisdiction in which the
TRMS Software was obtained. In particular, but without limitation, the TRMS
Software may not be exported or re-exported (a) into 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 Person’s
List or Entity List. By using the TRMS Software, you represent and warrant
that you are not located in any such country or on any such list. You also
agree that you will not use these products for any purposes prohibited by
United States law, including, without limitation, the development, design,
manufacture or production of nuclear, missiles, or chemical or biological
weapons.
Government End Users :
The TRMS Software and related documentation are “Commercial Items”, as
that term is defined at 48 C.F.R. Section 2.101, consisting of “Commercial
Computer Software” and “Commercial Computer Software Documentation”,
as such terms are used in 48 C.F.R. Section 12.212 or 48 C.F.R. Section
227.7202, as applicable. Consistent with 48 C.F.R. Section 12.212 or 48 C.F.R.
Section 227.7202.1 through 227.7202.4, as applicable, the Commercial
Computer Software and Commercial Computer Software Documentation are
being licensed to U.S. Government end users (a) only as Commercial Items
and (b) with only those rights as are granted to all other end users pursuant
to the terms and conditions herein. Unpublished-rights reserved under the
copyright laws of the United States.
Controlling Law and Severability :
This License will be governed by and construed in accordance with
the laws of the State of Minnesota, as applied to agreements entered into
and to be performed entirely within Minnesota between Minnesota residents.
This License shall 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
License shall continue in full force and effect.
Complete Agreement; Governing Language :
This License constitutes the entire agreement between the
parties with respect to the use of the TRMS Software licensed hereunder
and supersedes all prior or contemporaneous understandings regarding such
subject matter. No amendment to or modification of this License will be
binding unless in writing and signed by TRMS. Any translation of this License
is done for local requirements and in the event of a dispute between the
English and any non-English versions, the English version of this License
shall govern.
6.0.4 Third Party Acknowledgements
Portions of the TRMS Software utilize or include third party software and
other copyrighted material. Acknowledgements, licensing terms and dis-
claimers for such material are contained in the “online” electronic documen-
44 6 Software License
To Next Page