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发表于 2020-7-23 09:13:18
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You acknowledge that the Software, License Keys, and any benchmarking data and related information mentioned in Clause 2 contain trade secrets and confidential material, and you agree to maintain them in confidence and apply security measures no less stringent than the measures which you apply to protect your own like information, but not less than a reasonable degree of care, to prevent their unauthorized disclosure and use. Subject to any restrictions imposed by applicable law, the period of confidentiality shall be indefinite. You agree that you shall not use any such information other than in normal use of the Software under the licenses granted in this License.
4. DISCLAIMER OF WARRANTIES.
(i) YOU AGREE THAT THE SOFTWARE IS LICENSED "AS IS", AND THAT AC6 EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS OR OTHER TERMS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE.
(ii) YOU EXPRESSLY ASSUME ALL LIABILITIES AND RISKS, FOR USE OR OPERATION OF SOFTWARE APPLICATIONS, INCLUDING WITHOUT LIMITATION, APPLICATIONS DESIGNED OR INTENDED FOR MISSION CRITICAL APPLICATIONS, SUCH AS PACEMAKERS, WEAPONRY, AIRCRAFT NAVIGATION, FACTORY CONTROL SYSTEMS, ETC. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
5. LIMITATION OF LIABILITY.
(i) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AC6 BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE WHETHER BASED ON A CLAIM UNDER CONTRACT, TORT OR OTHER LEGAL THEORY, EVEN IF AC6 WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(ii) Ac6 does not seek to limit or exclude liability for death or personal injury arising from AC6's negligence and because some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages the above limitation relating to liability for consequential damages may not apply to you.
(iii) NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS LICENSE, THE MAXIMUM LIABILITY OF AC6 TO YOU IN AGGREGATE FOR ALL CLAIMS MADE AGAINST AC6 IN CONTRACT TORT OR OTHERWISE UNDER OR IN CONNECTION WITH THE SUBJECT MATTER OF THIS LICENSE SHALL NOT EXCEED THE TOTAL OF SUMS PAID BY YOU TO AC6 (IF ANY) FOR THIS LICENSE.
6. THIRD PARTY RIGHTS.
(i) The Software is supplied with or allows to download, and uses, third party software or materials which are governed by their own separate license agreements (together "Separate Files"). This License does not apply to such Separate Files and they are not included in the term "Software" under this License. You agree to comply with all terms and conditions imposed on you in respect of such Separate Files ("Third Party Terms"). Any provisions in this License which differ from Third Party Terms are offered by Ac6 alone and shall not supersede or modify any Third Party Terms. In addition to Third Party Terms, the disclaimer of warranty and limitation of liability provisions in this License shall apply to all Software and Separate Files.
(ii) AC6 HEREBY DISCLAIMS ANY AND ALL WARRANTIES EXPRESS OR IMPLIED FROM ANY THIRD PARTIES REGARDING ANY SEPARATE FILES, ANY THIRD PARTY MATERIALS INCLUDED IN THE SOFTWARE, ANY THIRD PARTY MATERIALS FROM WHICH THE SOFTWARE IS DERIVED (COLLECTIVELY "OTHER CODE"), AND THE USE OF ANY OR ALL THE OTHER CODE IN CONNECTION WITH THE SOFTWARE, INCLUDING (WITHOUT LIMITATION) ANY WARRANTIES OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.
(iii) NO THIRD PARTY LICENSORS OF OTHER CODE SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND WHETHER MADE UNDER CONTRACT, TORT OR OTHER LEGAL THEORY, ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE OTHER CODE OR THE EXERCISE OF ANY RIGHTS GRANTED UNDER EITHER OR BOTH THIS LICENSE AND THE LEGAL TERMS APPLICABLE TO ANY SEPARATE FILES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(iv) The Software includes materials supplied by third party device manufacturers for use with their relevant target devices. To the extent such materials are either (i) identified as such in the Software (for example in a "Help About" box or on-screen copyright message), or (ii) presented, in a standard installation, for selection by you at a path name or file name which contains the name of the relevant manufacturer or device, you agree to use such materials (if at all) only to develop applications for the relevant devices of that vendor.
This product is supported by Ac6 through online channels. Further information on obtaining support can be found online at:
8. U.S. GOVERNMENT END USERS.
US Government Restrictions: Use, duplication, reproduction, release, modification, disclosure or transfer of this commercial product and accompanying documentation is restricted in accordance with the terms of this License.
9. TERM AND TERMINATION.
This License shall remain in force until terminated by you, by Ac6 or by expiry (in the case of a time limited license). Without prejudice to any of its other rights if you are in breach of any of the terms and conditions of this License then Ac6 may terminate this License immediately upon giving written notice to you. You may terminate this License at any time. Upon termination of this License by you or by Ac6 you shall stop using the Software and destroy all copies of the Software in your possession together with all documentation and related materials. The provisions of clauses 3, 5, 6, 8, 9 and 10 shall survive termination of this License.
(i) This License is governed by the laws of France without regard to any principle of conflicts of law. Any dispute arising hereunder shall be resolved in the court of Nanterre, trial and ruling being in French, and the parties hereby agree that venue and jurisdiction for any related proceedings arising hereunder shall lie exclusively with such courts; provided, however, that each party may enforce its and its affiliates' intellectual property rights in any court, and similar governing body, of competent jurisdiction, including but not limited to equitable relief. Except where Ac6 agrees otherwise in a written contract signed by you and Ac6, this is the only agreement between you and Ac6 relating to the Software and it may only be modified by written agreement between you and Ac6. Except as expressly agreed in writing, this License may not be modified by purchase orders, advertising or other representation by any person. If any clause or sentence in this License is held by a court of law to be illegal or unenforceable the remaining provisions of this License shall not be affected thereby. The failure by Ac6 to enforce any of the provisions of this License, unless waived in writing, shall not constitute a waiver of Ac6's rights to enforce such provision or any other provision of this License in the future.
(ii) At Ac6's request, you agree to check your computers for installations of the Software, copies of License Keys, contents of any license server log files, individual or concurrent usage of Seats, and any other information requested by Ac6 relating to Software installation, usage and License Key management, and to provide this information to Ac6. Ac6 will not make such a request more frequently than once per year, except as necessary where Ac6 believes, in good faith, that an additional check is needed (for example after re-hosting a License Key). You agree that auditors nominated by Ac6 may also perform such checking and reporting on behalf of Ac6 by prior appointment during your normal business hours on seven (7) days' notice. Ac6 shall bear the auditors' costs for that audit unless it reveals unlicensed usage in which case you shall promptly reimburse Ac6 for all reasonable costs and expenses, including professional fees, relating to such audit. Any information which is disclosed to Ac6 or such auditors during checking or audit shall be treated as your confidential information and shall only be used by Ac6 for license management, compliance and enforcement purposes.
(iii) The Software provided under this License may require an export and/or import license from one or more governmental/public authorities. You agree that you will only export, re-export, or import Licensed Software, or Separate Files, directly or indirectly, in compliance with applicable laws and regulations. You will ensure that its distributors, re-sellers, and end users comply with this article. If there are any delays in obtaining any required import/export licenses and/or permits required to ship the Licensed Software, Ac6 shall be entitled to postpone shipment of the Licensed Software by a period equivalent to such delay. You shall submit, upon Ac6 request, an end-user statement within the time limit required by Ac6 and in the format advised by Ac6. If there is any delay in delivering the end-user statement, Ac6 is entitled to postpone accordingly the respective delivery(ies) by a period equivalent to the delay period caused by your failure or delay in providing the end-user statement..