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trademarks and licenses
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 replacements 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 seeking 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 accordance 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:
