SkyStream Networks
ii
Customer will not:
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Copy all or any part of the Software, except that Customer may make one copy of the
Software solely for backup purposes for its own exclusive use, provided that customer
shall reproduce and include on such backup copy SkyStream Networks’ proprietary
rights notices.
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Use, print, copy, modify or display the software, in whole or in part, except as
specifically authorized by this Agreement.
■
Sublicense, assign, resell, or otherwise transfer the Software to any third party. Any
attempted such sublicense; sale, assignment or transfer shall be void and shall be deemed
a material breach of this agreement.
■
Reverse engineer, duplicate or otherwise reproduce the Software.
Customer acknowledges that this Agreement does not grant to Customer, and Customer will
not acquire hereby, any rights to patents, copyrights, trade secrets, trade names, trademarks
(whether registered or unregistered), or any other proprietary rights in or to the Software, all
of which are expressly retained by SkyStream Networks.
Customer acknowledges that the laws and regulations of the United States may restrict the
export and re-export of the Software or media in any form without appropriate United States
and foreign government approval.
If Customer is a unit or agency of the United States Government or is acquiring the Software
and Documentation for any such unit or agency, the following apply:
■
If the unit or agency is the Department of Defense (DOD), the Software and its
accompanying documentation are classified as “commercial computer software” and
“commercial computer software documentation,” respectively, and, pursuant to DFAR
Chapter 227.7202, the Government is acquiring the Software and such documentation
with terms of the Agreement.
■
If the unit or agency is other than DOD, the Software and its accompanying
documentation are classified as “commercial computer software” and “commercial
computer software documentation,” respectively, and pursuant to FAR Chapter 12.212,
the Government is acquiring the Software and such documentation in accordance with
the terms of this Agreement.
War ranty
SkyStream Networks makes no warranty, express or implied, in connection with the Software,
including the results and performance thereof, including without limitation any implied
warranties of merchantability or fitness for a particular purpose or non-infringement.
Limitation of Liability
The maximum liability of SkyStream Networks to Customer for damages relating to this
agreement for any and all causes whatsoever, and Customer’s maximum remedy, regardless of
the form of action, whether in contract, tort or otherwise, shall be limited to the total fees
paid by Customer to SkyStream Networks hereunder. In no event shall SkyStream Networks
be liable for any lost data or content, lost profits, or business interruption, or for any indirect,
incidental, special, consequential, exemplary or punitive damages arising out of or relating to
the Software provided hereunder, even if SkyStream Networks has been advised of the
possibility of such damages.
Technical Support
For SkySupport customers requiring technical support, contact SkyStream Networks
Customer Support through the World Wide Web (www.skystream.com), via e-mail
Document No. 112-0060-02
