APC AP9212 Technical Information Page 4

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PowerNet MIB Reference Guide
iv
8. NO WARRANTY UNDER HAZARDOUS, HIGH-RISK, OR LIFE-THREATENING CONDITIONS
The software is not fault-tolerant and is not designed, manufactured or intended for use or resale as control
equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities,
aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems,
in which the failure of the software could lead directly to death, personal injury, or severe physical or environmental
damage. Accordingly, APC and its suppliers specifically disclaim any express or implied warranty of fitness for such
hazardous, high-risk, or life-threatening activities.
9. USE OF TECHNICAL INFORMATION RELATED TO CUSTOMER SUPPORT
The customer agrees that APC may use technical information that the customer provides while receiving technical/
customer support services. APC may use such information for its own business purposes, including product
support and development, but agrees not to use such information in any form that might identify the customer.
10. TRANSFER RESTRICTIONS
This agreement, the license granted hereunder, the software and any modifications thereto may not be assigned
or in any way transferred without the prior written consent of APC.
11. LANGUAGE AND JURISDICTION OF THE AGREEMENT
The original of this agreement has been written in English. The parties hereto waive any statute, law, or regulation
that might provide an alternative law or forum or to have this agreement written in any language other than English.
Any translation of this agreement to a language other than English is provided only for the convenience of the
customer and is not the legally binding version of the agreement.
The terms of this agreement shall be construed in accordance with the substantive laws of the Commonwealth of
Massachusetts, United States of America, without giving effect to the principles of conflict or choice of law of such
commonwealth. APC and Customer exclude the United Nations Convention on Contracts for the International Sale
of Goods from this agreement.
12. U.S. GOVERNMENT RESTRICTED RIGHTS LEGEND
The software and documentation are commercial items as that term is defined in 48 C.F.R. 2.101 (October 1995)
consisting of commercial computer software and commercial computer software documentation as such terms
are used in 48 C.F.R. 227.7202-1, 227.7202-3 and 227.7202-4 (June 1995). If the customer is the U.S.
Government or any agency or department thereof, the software and documentation are licensed only as a
commercial item, and with only those rights as are granted to all other end users pursuant to the terms and
conditions of this agreement. Licensor is American Power Conversion Corporation, P.0. Box 278, 132 Fairgrounds
Rd., West Kingston, RI 02892, U.S.A.
13. EXPORT CONTROLS
None of the software or underlying information or technology may be downloaded or otherwise exported or re-
exported to any of the following:
Into (or to a national or resident of) any country to which the U.S. has embargoed goods.
To anyone on the U.S. Treasury Departments list of Specially Designated Nationals.
To anyone on the U.S. Commerce Departments Table of Denial Orders.
By downloading or using the software, the customer agrees to the foregoing and represents and warrants that it is
not located in, under the control of, or a national or resident of any such country or on any such list.
The customer is responsible for complying with any local laws in its jurisdiction that might impact its right to import,
export or use the software, and represents that it has complied with any regulations or registration procedures
required by applicable law to make this license enforceable.
---------------------------------------------------------------------------------------------------------------------------------------------------------
A
MERICAN POWER CONVERSION CORPORATION
CORPORATE HEADQUARTERS:
132 Fairgrounds Road
P.O. Box 278
West Kingston, RI 02892
United States of America
Telephone: 401-789-5735
Toll Free (US and Canada): 800-800-4272
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