MicroPower Technologies MPT2700 Wireless Mini-Hub User Manual Helios Installation Guide v5 0

translate the Software or the Documentation. Where Licensee has other rights with respect to the Software or the Documentation

mandated under statute, Licensee will provide MPT with reasonably detailed information regarding any intended modifications,

porting, translations, reverse engineering, disassembly, decryption, or decompilation, and the purposes therefore.

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further obligations, with respect to those portions of the Software that such Update was intended to replace. If additional or

different license terms or conditions accompany an Update, Licensee acknowledges and agrees that Licensee's Use of that Update

will be subject to those additional or different terms and conditions.

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against any and all claims, losses, or damages (including but not limited to reasonable attorneys' and experts' fees) attributable to

(a) Licensee's use or misuse of the Software or the Documentation, or

(b) any failure by Licensee to comply with any term, condition, or restriction in this EULA.

7. COMPLIANCE AUDIT. MPT shall have the right, upon reasonable notice, to conduct and/or have an independent accounting firm

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DOCUMENTATION, AND/OR USE OF THE SOFTWARE OR THE DOCUMENTATION (INCLUDING, WITHOUT LIMITATION, ACTUAL AND

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WARRANTIES THAT THE SOFTWARE OR THE DOCUMENTATION (OR ANY ELEMENTS OF EITHER) WILL ACHIEVE A PARTICULAR

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OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE,

OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING FROM LOSS OF PROFITS, REVENUE,

DATA, OR USE, OR FROM INTERRUPTED COMMUNICATIONS OR DAMAGED DATA, OR FROM ANY DEFECT OR ERROR, OR IN

CONNECTION WITH LICENSEE'S ACQUISITION OF SUBSTITUTE GOODS OR SERVICES OR MALFUNCTION OF THE SOFTWARE, OR ANY

AMOUNT OF ANY LICENSE FEES AND/OR MAINTENANCE FEES PAID BY LICENSEE IN CONNECTION WITH THE SOFTWARE.

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11.1. Commercial Software. The Software and the Documentation are deemed to be “commercial computer software” and

“commercial computer software documentation,” respectively, for purposes of Federal Acquisition Regulations (“FAR”) 12.212 and

the Defense FAR Supplement (“DFARS”) 227.7202-1, 227.7202-3, and 227.7202-4, and the restrictions set forth in such regulations,

and this EULA shall be deemed to be the license described in such regulations. Any use, modification, reproduction, release,

performance, display, or disclosure of the Software or the Documentation by any agency, department, or entity of the United States

Government (the “Government”) shall be governed solely by the terms of this EULA and is prohibited except to the extent expressly

permitted by the terms of this EULA. The Software and the Documentation are also deemed to be “restricted computer software”

for purposes of FAR 52.227-14(g)(3) (Alternate III (June 1987)) and FAR 52.227-19, which clauses are incorporated herein by

remedy. The language of this EULA shall be construed as a whole, according to its fair meaning and intent, and not strictly for or

against either party, regardless of who drafted or was principally responsible for drafting this EULA or any specific term or condition

hereof. This EULA shall bind and inure to the benefit of the parties and their successors and permitted assigns. Both parties are

acting as independent contractors with respect to the activities hereunder. In the event of any legal proceeding between the parties

arising out of or related to this EULA, the prevailing party shall be entitled to recover, in addition to any other relief awarded or

granted, its costs and expenses (including but not limited to reasonable attorneys' and expert witness' fees) incurred in any such

proceeding. If any provision in this EULA is invalid or unenforceable, such provision shall be construed, limited, or altered, as

reasonably necessary, to eliminate the invalidity or unenforceability and all other provisions of this EULA shall remain in effect.

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