The Software is provided with Restricted Rights. You agree to meet all requirements necessary to ensure that the Federal Government will honor such rights. Disclosure, use or reproduction of the Software and accompanying documentation are subject to restrictions set forth in the Commercial Computer-Restricted Rights clause at Federal Acquisition Regulation If any provision of this Agreement is held invalid by any law, rule, order or regulation of any government, or by the final determination of any state or federal court, such invalidity will not affect the enforceability of any other provisions not held to be invalid.
In the event any provision hereof is declared by competent authority to be invalid, illegal or unenforceable under any applicable law, to the extent permissible under applicable law, any such invalid, illegal or unenforceable provision shall be deemed amended lawfully to conform to the intent of the Parties. Any delay or omission by either party to exercise any right or remedy under this Agreement will not be construed to be a waiver of any such right or remedy or any other right or remedy.
All of the rights of either party under this Agreement will be cumulative and may be exercised separately or concurrently.
This Agreement shall be construed in accordance with the laws of the State of New York, without regard to its choice of laws provisions, and disputes shall be adjudicated or otherwise decided in the forums therefor located in the State of New York. Local law may require that certain laws of your country of residence apply to some sections of this Agreement, including but not limited to, requiring this Agreement to be governed by the laws of your country of residence.
You represent and warrant that i you are not located in a country that is subject to a U. Code of Federal Regulations; and ii you are not listed on any U. Government list of prohibited or restricted parties. You may not use, export, re-export, import, sell, release, or transfer the Software except as authorized by United States law, the laws of the jurisdiction in which you obtained the Software, and any other applicable laws and regulations.
This Agreement constitutes the entire agreement between the parties in connection with the subject matter hereof, and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written, between the parties. No amendment to or modification of this Agreement will be binding unless it is in writing and signed by a duly authorized representative of each of the parties.
Certain models of Equipment are supported and serviced using data that is automatically collected by Xerox or transmitted to or from Xerox by the Equipment connected to Customer's network "Remote Data" via electronic transmission to a secure off-site location "Remote Data Access". Remote Data Access also enables Xerox to transmit to Customer Releases for Software and to remotely diagnose and modify Equipment to repair and correct malfunctions.
Remote Data will be transmitted to and from Customer in a secure manner specified by Xerox. Remote Data Access will not allow Xerox to read, view or download the content of any Customer documents or other information residing on or passing through the Equipment or Customer's information management systems.
Customer grants the right to Xerox, without charge, to conduct Remote Data Access for the purposes described above. Unless Xerox deems Equipment incapable of Remote Data Access, Customer will ensure that Remote Data Access is maintained at all times maintenance or support services are being provided.
For driver software installed on a computer device, you agree that the Software may collect technical data and related information concerning the type of computing device and operating system; location country and city of the computing device; and the volume, frequency, and manner of use of the Software and its features.
The Software does not collect any information that personally identifies users of the Software or permits Xerox to read, view or download the content of any documents processed by the Software. Software used to evaluate or maintain Xerox equipment "Diagnostic Software" may be embedded in, reside on, or may be loaded onto Xerox equipment.
The Diagnostic Software and method of entry or access to it constitute valuable trade secrets of Xerox. You agree that a your acquisition of the equipment does not grant you a license or right to use Diagnostic Software in any manner, and b that unless separately licensed by Xerox to do so, you will not access, use, reproduce, distribute, or disclose Diagnostic Software for any purpose or allow third parties to do so.
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Xerox will not be liable for any infringement-related liability outside the scope of this section, including, without limitation, infringement based upon the Software being modified to your specifications or due to the Software being used in combination with equipment, software or supplies not provided by Xerox.
Notwithstanding any damages that you might incur, the entire liability of Xerox and its licensors under this Agreement and your exclusive remedy will be limited to the greater of the amount actually paid by you for the Software or U. Xerox may terminate your license for the Software i immediately if you no longer use or possess the equipment with which the Software was provided or are a lessor of the equipment with which the Software was provided and your first lessee no longer uses or possesses it, ii upon the termination of any agreement under which you have rented or leased the equipment with which the Software was provided, or iii immediately in the event of a breach by you.
If terminated as provided above, you shall return to Xerox all copies of the Software, and remove same from all equipment into which such Software may have been loaded by you. The Software is provided with Restricted Rights.
You agree to meet all requirements necessary to ensure that the Federal Government will honor such rights. Disclosure, use or reproduction of the Software and accompanying documentation are subject to restrictions set forth in the Commercial Computer-Restricted Rights clause at Federal Acquisition Regulation If any provision of this Agreement is held invalid by any law, rule, order or regulation of any government, or by the final determination of any state or federal court, such invalidity will not affect the enforceability of any other provisions not held to be invalid.
In the event any provision hereof is declared by competent authority to be invalid, illegal or unenforceable under any applicable law, to the extent permissible under applicable law, any such invalid, illegal or unenforceable provision shall be deemed amended lawfully to conform to the intent of the Parties.
Any delay or omission by either party to exercise any right or remedy under this Agreement will not be construed to be a waiver of any such right or remedy or any other right or remedy. All of the rights of either party under this Agreement will be cumulative and may be exercised separately or concurrently. This Agreement shall be construed in accordance with the laws of the State of New York, without regard to its choice of laws provisions, and disputes shall be adjudicated or otherwise decided in the forums therefor located in the State of New York.
Local law may require that certain laws of your country of residence apply to some sections of this Agreement, including but not limited to, requiring this Agreement to be governed by the laws of your country of residence. You represent and warrant that i you are not located in a country that is subject to a U.
Code of Federal Regulations; and ii you are not listed on any U. Government list of prohibited or restricted parties. You may not use, export, re-export, import, sell, release, or transfer the Software except as authorized by United States law, the laws of the jurisdiction in which you obtained the Software, and any other applicable laws and regulations.
This Agreement constitutes the entire agreement between the parties in connection with the subject matter hereof, and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written, between the parties. No amendment to or modification of this Agreement will be binding unless it is in writing and signed by a duly authorized representative of each of the parties.
Certain models of Equipment are supported and serviced using data that is automatically collected by Xerox or transmitted to or from Xerox by the Equipment connected to Customer's network "Remote Data" via electronic transmission to a secure off-site location "Remote Data Access".
Remote Data Access also enables Xerox to transmit to Customer Releases for Software and to remotely diagnose and modify Equipment to repair and correct malfunctions. Remote Data will be transmitted to and from Customer in a secure manner specified by Xerox. Remote Data Access will not allow Xerox to read, view or download the content of any Customer documents or other information residing on or passing through the Equipment or Customer's information management systems.
Customer grants the right to Xerox, without charge, to conduct Remote Data Access for the purposes described above. Unless Xerox deems Equipment incapable of Remote Data Access, Customer will ensure that Remote Data Access is maintained at all times maintenance or support services are being provided. For driver software installed on a computer device, you agree that the Software may collect technical data and related information concerning the type of computing device and operating system; location country and city of the computing device; and the volume, frequency, and manner of use of the Software and its features.
The Software does not collect any information that personally identifies users of the Software or permits Xerox to read, view or download the content of any documents processed by the Software. Software used to evaluate or maintain Xerox equipment "Diagnostic Software" may be embedded in, reside on, or may be loaded onto Xerox equipment. The Diagnostic Software and method of entry or access to it constitute valuable trade secrets of Xerox.
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