Nokia IP40 User Manual page 181

LIMITATION OR EXCLUSION OF CERTAIN LIABILITIES OR DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO CUSTOMER BY LAW.
5. EXPORT RESTRICTIONS. Customer shall not export or transmit, directly or indirectly, the
Software or any technical data (including processes and services) received from Nokia, nor the direct
product thereof, outside of the United States without prior authorization of the U.S. Government if
such authorization is required. Customer shall obtain all licenses, permits and approvals required by
any government. Customer agrees to comply with all export laws, rules, policies, procedures,
restrictions and regulations of the Department of Commerce or other United States or foreign agency
or authority, and not to export, or allow the export or reexport of any goods in violation of any such
restrictions, laws or regulations. Customer will indemnify and hold harmless Nokia for any violation
or alleged violation by Customer of such laws, rules, policies, procedures, restrictions or regulations.
6. CONFIDENTIAL INFORMATION. Customer agrees that aspects of the Software and
documentation, including the specific design and structure of individual programs and the
composition of the whole, constitute trade secrets and/or copyrighted material of Nokia. Customer
shall not itself, nor shall Customer permit others to, disclose, provide, or otherwise make available
such trade secrets or copyrighted material in any form to any third party without the prior consent of
Nokia. Customer agrees to implement reasonable security measures to protect such trade secrets and
copyrighted material. The obligations of confidentiality shall not apply to information, which has
entered the public domain except where such entry is the result of Customer's breach of this
Agreement.
7. FORCE MAJEURE. Nokia shall not be liable for any delay or failure in performance whatsoever
due to reasons beyond its reasonable control.
8. TERM AND TERMINATION. This Agreement is effective until terminated. The license to the
Software granted by Nokia will terminate upon any attempt by Customer to transfer or assign the
Software, this Agreement or any rights or obligations hereunder without Nokia's prior written
consent. In addition, Nokia may terminate this Agreement effective fifteen (15) days following the
giving of written notice to Customer upon the occurrence of Customer's failure to perform any of its
existing or future obligations hereunder if such breach shall remain uncured. Upon termination,
Customer shall cease all use of the Software and shall destroy or return to Nokia the original(s) and
all copies of the Software and documentation made or furnished hereunder. Customer may terminate
the License at any time by destroying all copies of the Software and documentation. The provisions of
Sections 2, 4, 6, 9, and 10 shall survive any termination.
9. APPLICABLE LAW. This Agreement shall be governed by and construed in accordance with the
laws of the State of California and the United States without regard to conflicts of laws provisions
thereof and without regard to the United Nations Convention on Contracts for the International Sale
of Goods. To the extent permitted by law, the parties waive any and all rights, privileges and
obligations which may derive from any codification of the body of law generally referred to as the
"Uniform Commercial Code".
10. MISCELLANEOUS. No waiver of rights under this Agreement by either party shall constitute a
subsequent waiver of this or any other right under this Agreement. In the event that any of the terms
of this Agreement become or are declared to be illegal by any Court of competent jurisdiction, such
term(s) shall be null and void and shall be deemed deleted from this Agreement. All remaining terms
of this Agreement shall remain in full force and effect. In the event of a breach of this Agreement,
the breaching party shall pay to the other party any reasonable attorneys' fees and other costs and
Document Title Variable 181