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Export Control. You agree not to export or re-export from anywhere any part of the Product in any form except in compliance with appli-
cable export laws, rules and regulations, including but not limited to the laws, rules and regulations administered by the Office of Foreign
Assets Control of the U.S. Department of Commerce and the Bureau of Industry and Security of the U.S. Department of Commerce.
Miscellaneous. If any provision of this EULA is found to be invalid or unenforceable, it will be enforced to the extent permissible and the
remainder of this EULA will remain in full force and effect. Failure by COMPANY to prosecute any right with respect to a default hereunder
will not constitute a waiver by COMPANY of the right to enforce rights with respect to the same or any other breach. No refunds or replace-
ments will be permitted on damaged Product.
U.S. Government End Users. If the Product is being acquired by or on behalf of the United States Government or any other entity see-
king or applying rights similar to those customarily claimed by the United States Government, this Product and related documentation are
"Commercial Items" as that term is defined at 48 C.F.R. ("FAR") 2.101. This Product and related documentation are licensed to the United
States Government end users (a) only as "Commercial Items" and (b) with only those rights as are granted to all other end users in accor-
dance with this EULA, and each copy of Product delivered or otherwise furnished shall be marked and embedded as appropriate with the
following "Notice of Use," and shall be treated in accordance with such Notice:
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