Amazon DCV | EULA

END-USER LICENSE AGREEMENT (EULA)
for NICE Software and Solutions
(Version 8.5)

This End User License Agreement ("EULA" or "Agreement") contains the terms and conditions that
govern your ("Licensee" or "you" or "your") access to and use of NICE EnginFrame and Amazon DCV
(together with any updates, including updates to the software name, or enhancements, and
accompanying documentation, "Software") and Amazon DCV Web Client software development kit
(together with any updates, including any updates to the software development kit name, or
enhancements, and accompanying documentation,"SDK"). As used in this EULA, "NICE" means
NICE, S.r.l. with principal offices located at Via Milliavacca, 9 – 14100 Asti - Italy ("NICE IT"), except
that if Licensee is located in the United States, "NICE" means NICE USA LLC, with principal offices
at 410 Terry Avenue North, Seattle, Washington, 98109-5210 ("NICE US"). This EULA supplements
the AWS Customer Agreement posted at aws.amazon.com/agreement or other agreement with
NICE or an affiliate governing your use of NICE services (the "Customer Agreement"), and unless
otherwise defined in this EULA, capitalized terms will have the same meaning as set forth in the
Customer Agreement.

1. LICENSE TO AND USE OF THE SOFTWARE. The Software may be accessed and used only in
accordance with this EULA and the Customer Agreement, and subject to these terms:
(a) You are granted a limited, non-transferable, revocable, non-sublicensable license to install and
use the Software for your internal business purposes only and only in the quantity that you have
purchased from NICE or an authorized reseller of the Software, or to the extent your use has
otherwise been authorized by NICE or Amazon Web Services.
(b) if you requested access to the Software to evaluate its features and functionality, you are
granted a limited, non-transferable, revocable, non-sublicensable license to install and use the
Software for your internal evaluation and testing purposes only, and only in the quantity that you
have requested from NICE.
(c) The source code for the Amazon DCV Access Console Web Client, Amazon DCV Access
Console Handler, Amazon DCV Access Console Authentication Server, Amazon DCV Access
Console Configuration Wizard, Amazon DCV Access Console Model, and Amazon DCV Access
Console Integration Tests (“Open-Sourced Amazon DCV Access Console Components”) is
governed by the Apache 2.0 License (https://github.com/aws/dcv-access-console/blob/main/LICENSE),
not this EULA or the Customer Agreement. Your access to and use of the code is subject to the terms
of the Apache 2.0 License. Notwithstanding the foregoing, your use of Amazon DCV
(including any Amazon DCV product or component available for download at https://www.amazondcv.com/
and any successor or related site designated by NICE) is always subject to the terms of this EULA
and the Customer Agreement even when they are used in combination with the Open-Sourced
Amazon DCV Access Console Components, or any derivative works created using the Open-Sourced
Amazon DCV Access Console Components.

2. BETA PARTICIPATION. NICE may provide Licensee certain features, technologies, software, and
services that are not yet generally available, including those labeled "beta", "preview", "pre-release",
or "experimental" (each, a "Beta"). Access and use of Betas are subject to any Beta terms provided
by NICE and if there is a conflict between the terms of this Section and any Beta terms, Beta terms
will take precedence. Betas are Software subject to all the terms and conditions of this EULA.
(a) Licensee agrees not to allow access to or use of any Beta or any related materials by any third
party other than Licensee's employees and contractors who have a need to use or access in
connection with Licensee's internal evaluation activities and have executed written non-disclosure
agreements obligating them to protect the confidentiality of the Beta and related materials.
(b) Licensee must comply with all policies and guidelines related to any Beta as posted on the
NICE's website or otherwise made available to Licensee. NICE may add or modify restrictions,
including usage limits related to access to or use of any Beta or related materials at any time. If
requested by NICE, Licensee will promptly increase or decrease usage to the levels that NICE may
specify. Any service level agreements that Licensee may have for the Software do not apply to
Betas.
(c) Licensee will, when requested by NICE, provide NICE with information relating to Licensee's
access, use, testing, and evaluation of the Beta and any related Beta Materials, including
observations or information regarding the performance, features, and functionality of the Beta in
the form reasonably requested by NICE ("Test Observations"). NICE will own and may use and
evaluate all Test Observations for its own purposes. All Betas, related materials, and Test
Observations are NICE Confidential Information. Each individual Beta license will automatically
terminate upon the release of a generally available version of the Beta or upon notice of termination
by NICE which may occur at any time and for any reason. Upon the termination of Licensee's
license to any Beta, Licensee will cease use of the Beta and immediately return or, if instructed by
NICE, destroy all copies of the Beta and all related materials. NICE does not guarantee that any
Beta will ever be made generally available or that any generally available version will contain the
same or similar functionality as any Beta version made available to Licensee.
(d) WITHOUT LIMITING ANY DISCLAIMERS HEREIN, BETAS ARE NOT READY FOR GENERAL
COMMERCIAL RELEASE AND MAY CONTAIN BUGS, ERRORS, DEFECTS OR HARMFUL
COMPONENTS. ACCORDINGLY, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS
EULA OR OTHERWISE, NICE PROVIDES BETAS TO LICENSEE "AS IS."

3. USE RESTRICTIONS. Your use of the Software is conditioned upon your compliance with the
following limitations:
(a) Licensee will not distribute, rent, lease, lend, loan, transfer, assign, resell, sublicense, disclose,
or otherwise provide the Software to or use the Software for the benefit of any third party (including
acting as a service bureau or provider of a time sharing service). Notwithstanding the foregoing,
Licensee may permit its third party contractors to use the software for Licensee's internal business
purposes provided that Licensee enters to a binding agreement with contractor requiring contractor
to comply with this EULA and is solely responsible and liable for any breach of this EULA including
any unauthorized use of the Software by Licensee's contractors.
(b) Licensee will not modify, adapt, translate, alter, tamper with, repair, or otherwise create
derivative works of the Software, subject to Section 10.
(c) Licensee will not decompile, decipher, disassemble, reverse engineer or otherwise attempt to
access or derive source code of the Software, except to the extent applicable law does not allow
this restriction. (d) Licensee will not attempt to use the Software in excess of any usage limits and
will not attempt to circumvent any technology in or with the Software that is designed to monitor,
restrict, or limit use. Licensee acknowledges and agrees that the Software (including all evaluation
versions) may require the use of license key or token in order to operate and that operation of the
Software will automatically terminate upon expiration.
(e) Licensee will not remove any proprietary notices or labels on the Software or any copy thereof.
(f) Licensee requires that each end user before accessing the Software, agrees to comply with this
EULA. (g) Licensee will not make any use of the Software in any manner not expressly permitted by
this EULA.

4. INTELLECTUAL PROPERTY.
(a) The Software and SDK (including the related documentation) are owned by NICE. Licensee
acknowledges and agrees that title to the Software and SDK, including the documentation, and all
the copies thereof, including all industrial and intellectual property rights (including the exclusive
rights of economic exploitation), copyright, trade secrets, and patent rights, remains with NICE.
(b) Licensee has no obligation to give NICE any suggestions, comments, or other feedback relating
to the Software ("Feedback"). To the extent Licensee provides Feedback to NICE, NICE may use and
exercise any and all rights in the Feedback without obligation or restriction of any kind during and
after the Term, and Feedback will not be deemed to be confidential information of Licensee or
otherwise create any confidentiality obligation. Licensee agrees not to provide any Feedback that:
(i) Licensee knows is subject to any patent, copyright or other intellectual property claim or right of
any third party; or (ii) is subject to license terms which seek to require any products incorporating or
derived from the Feedback, or other NICE intellectual property, to be licensed to or otherwise
shared with any third party.

5. AUDIT. Licensee shall maintain accurate records regarding Licensee's use of the Software and
compliance with this EULA and, upon request, make such records available to NICE and certify
Licensee's compliance with this EULA. NICE or a third party may examine and audit Licensee's
access, use, and deployment of the Software and verify Licensee's compliance with this EULA. Any
audit will take place during normal business hours on at least 10 days prior written notice. If
Licensee misreported any figure or underpaid any amount, Licensee will remit to NICE the amount
of any underpayment within 10 days after notification of the discrepancy. If the discrepancy
exceeds $1,000 U.S. dollars or 5% of the total amount purchased or reported by Licensee for the
period audited, then Licensee will reimburse NICE for the reasonable costs of the audit.

6. SUPPORT SERVICES. Licensee may be eligible to subscribe to software support for any or all of
the Software (the "Support Services", as described and regulated under the Standard Support
Services for NICE Products terms, available here:
https://www.nice-software.com/html/pdf/NICE_Standard_Support_Services.pdf , as may be
updated). Support Services are subject to and governed by the terms of this EULA and the
Customer Agreement, as is any update or upgrade to the Software provided by NICE in connection
with Support Services. If the Support Services are terminated, Licensee's license to the Software
under this EULA will continue in accordance with the terms of this EULA. If Support Services expire
or terminate and Licensee later reinstates Support Services, Licensee shall pay a reinstatement fee
equal to 70% of the current annual charge for Support Services for the period of time when
Licensee did not receive Support Services. The reinstatement fee for any partial year will be a pro
rata portion of the applicable annual fee.

7. LIMITED WARRANTY.
(a) NICE warrants that the Software will for a period of 60 days from delivery to the Licensee (the
"Warranty Period"), when used in accordance with NICE's written instructions, operate
substantially in compliance with NICE's official published documentation. NICE's sole
responsibility, and Licensee's exclusive remedy, in the event of breach of the limited warranty
during the Warranty Period, is for NICE, at its option, to use reasonable efforts to repair the
Software, replace the Software, or provide a refund. NICE shall not be responsible or liable for any
noncompliance with the foregoing warranty or limitations or defects of the Software, if they have
been caused, in whole or in part, by unauthorized behavior of Licensee, any use of the Software
which is inconsistent with the Documentation, any accident, abuse, or misapplication, and/or if
they arise from or are related to software or any other products which are not supplied by NICE.
(b) DISCLAIMER. EXCEPT FOR THE LIMITED WARRANTY IN SECTION 7(A), THE SOFTWARE IS
PROVIDED "AS IS." EXCEPT TO THE EXTENT PROHIBITED BY LAW, OR TO THE EXTENT ANY
STATUTORY RIGHTS APPLY THAT CANNOT BE EXCLUDED, LIMITED OR WAIVED, NICE AND ITS
AFFILIATES AND LICENSORS (I) MAKE NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY
KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE SOFTWARE,
AND (II) DISCLAIM ALL OTHER WARRANTIES, INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES
(A) OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-
INFRINGEMENT, OR QUIET ENJOYMENT, (B) ARISING OUT OF ANY COURSE OF DEALING OR
USAGE OF TRADE, (C) THAT THE SOFTWARE WILL BE UNINTERRUPTED, ERROR FREE, OR FREE OF
HARMFUL COMPONENTS, AND (D) THAT ANY CONTENT WILL BE SECURE OR NOT OTHERWISE
LOST OR ALTERED.

8. LIMITATIONS OF LIABILITY. NICE AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE TO
LICENSEE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUES, CUSTOMERS,
OPPORTUNITIES, GOODWILL, USE, OR DATA), EVEN IF A PARTY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. FURTHER, NEITHER NICE NOR ANY OF ITS AFFILIATES OR
LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES
ARISING IN CONNECTION WITH: (A) YOUR INABILITY TO USE THE SOFTWARE, INCLUDING AS A
RESULT OF ANY (I) TERMINATION OR EXPIRATION OF THIS EULA OR YOUR USE OF OR ACCESS TO
THE SOFTWARE OR, (II) ANY ERROR OR UNANTICIPATED INTERUPTION IN THE OPERATION OF THE
SOFTWARE FOR ANY REASON; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES; (C) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY LICENSEE IN
CONNECTION WITH THIS EULA OR YOUR USE OF OR ACCESS TO THE SOFTWARE; OR (D) ANY
UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS
OR FAILURE TO STORE ANY OF YOUR CONTENT OR OTHER DATA. IN ANY CASE, NICE AND ITS
AFFILIATES' AND LICENSORS' AGGREGATE LIABILITY UNDER THIS EULA WILL NOT EXCEED THE
AMOUNT LICENSEE ACTUALLY PAID NICE FOR THE SOFTWARE THAT GAVE RISE TO THE CLAIM
DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE. THE LIMITATIONS IN THIS SECTION
APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

9. TERM AND TERMINATION.
(a) This EULA is effective upon the earlier of NICE's (i) acceptance of an order for Software, (ii)
delivery of the Software and it will continue until it expires or terminates ("Term").
(b) NICE may terminate this EULA at any time and for any reason on 30 days' prior written notice to
Licensee. Your rights under this EULA will automatically terminate without notice from us if you fail
to comply with any term of this EULA or the Customer Agreement.
(c) Licensee may terminate this EULA at any time by uninstalling or destroying all copies of the
Software that are in your possession or control.
(d) Upon termination or expiration of this EULA, Licensee shall (i) be no longer entitled to use the
Software and documentation, (ii) immediately remove the Software from all computers on which
the Software is installed, (iii) return to NICE, within 5 days from expiration or termination, all copies
of the Software and documentation (or destroy such materials, as instructed by NICE) and will
certify in writing that all copies or partial copies of the Software and documentation have been
returned to NICE or destroyed; and (iv) remain responsible and liable for all fees and charges for the
Software that Licensee incurred through the date of termination or expiration.
(e) If NICE terminates this EULA for convenience under subsection (b) of this Section, NICE will
issue Licensee a prorata credit of any license fees prepaid by Licensee based a ten year life-span
for the Software.
(f) Sections 3-11 inclusive will survive termination of this EULA.

10. SDK. If you downloaded the SDK, you may use, reproduce, distribute, publish, and sublicense
the SDK, and create derivative works of the SDK and Amazon DCV Web Client solely to the extent
those derivative works implement the Amazon DCV Web Client, subject to the following conditions:
(a) You will not remove any proprietary notices or labels on the SDK or any copy thereof.
(b) You will include this permission notice in all copies or substantial portions of the SDK.
(c) You require that each end user before accessing the SDK, Amazon DCV Web Client, or any
copies, derivative works or substantial portions thereof, agrees to comply with this EULA.
(d) Some components of the SDK may be governed by third party software licenses. Your license
rights with respect to these individual components are defined by the applicable third party
software licenses, and nothing in this Agreement will restrict, limit, or otherwise affect any rights or
obligations you may have, or conditions to which you may be subject, under such third party
software licenses.
(e) THE SDK IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR
COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN
AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION
WITH THE SDK OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

11. GENERAL.
(a) Entire Agreement. This EULA and its incorporation of the Customer Agreement, along with
related documents provided by NICE, represents the complete and exclusive agreement between
the parties with respect to the subject matter hereof and supersedes all prior agreements,
negotiations, and understandings. NICE will not be bound by, and specifically objects to, any term,
condition or other provision that is different from or in addition to the provisions of this EULA
(whether or not it would materially alter this EULA) including for example, any term, condition or
other provision (i) submitted by Licensee in any purchase order, receipt, acceptance, confirmation,
correspondence or other document, or (ii) related to any invoicing process that Licensee submits or
require NICE to complete. To the extent there is any conflict between this EULA and the Customer
Agreement, this EULA prevails.
(b) Assignment. Licensee shall not assign or otherwise transfer this EULA or any of Licensee's rights
or obligations, without our prior written consent. Any assignment or transfer in violation of this
Section will be void. NICE may assign this EULA without your consent (i) in connection with a
merger, acquisition or sale of all or substantially all of our assets, or (ii) to any affiliate or as part of a
corporate reorganization; and effective upon such assignment, the assignee is deemed substituted
for NICE as a party to this EULA and NICE is fully released from all of its obligations and duties to
perform under this EULA. Subject to the foregoing, this EULA will be binding upon, and inure to the
benefit of the parties and their respective permitted successors and assigns.
(c) Governing Law and Dispute Resolution for US Licensees. If NICE US is the contracting party to
this EULA, the laws of the State of Washington, without reference to conflict of law rules, govern
this EULA and any dispute of any sort that might arise between NICE and Licensee. The United
Nations Convention for the International Sale of Goods does not apply to this EULA. Any dispute or
claim relating in any way to the Software or this EULA will be adjudicated exclusively in the federal
and state courts located in King County, Washington, and Licensee consents and waives any
objections to such exclusive jurisdiction and venue. Notwithstanding the foregoing, NICE may seek
injunctive (or similar) remedies in any jurisdiction. (d) Governing Law and Dispute Resolution when
Licensees Outside the US. (i) If NICE IT is the contracting party to this EULA, the laws of the
Republic of Italy, without reference to conflict of law rules, govern this EULA and any dispute of any
sort that might arise between NICE and Licensee. The United Nations Convention for the
International Sale of Goods does not apply to this EULA. Any dispute or claim relating in any way to
the Software or this EULA will be adjudicated exclusively in the Court of Milan, Italy, and Licensee
consents and waives any objections to such exclusive jurisdiction and venue. Notwithstanding the
foregoing, NICE may seek injunctive (or similar) remedies in any jurisdiction. (ii) IF NICE IT IS THE
CONTRACTING PARTY, PURSUANT TO AND BY THE EFFECT OF SECTIONS 1341 AND 1342 OF THE
ITALIAN CIVIL CODE, LICENSEE EXPLICITLY APPROVES THE FOLLOWING CONDITIONS: 3 (USE
RESTRICTIONS), 7 (LIMITED WARRANTY), 8 (LIMITATIONS OF LIABILITY), 9 (TERMINATION), 10
(GENERAL - INCLUDING GOVERNING LAW, DISPUTE RESOLUTION, CONFIDENTIALITY AND
PUBLICITY, AND MODIFICATIONS TO THE AGREEMENT).
(e) Waiver. The failure by NICE to enforce any provision of this EULA will not constitute a present or
future waiver of such provision nor will it limit NICE's right to enforce such provision at a later time.
All waivers by NICE must be in writing to be effective.
(f) Severability. If any portion of this Agreement is held to be invalid or unenforceable, the remaining
portions of this Agreement will remain in full force and effect. Any invalid or unenforceable portions
will be interpreted to effectuate the intent of the original portion. If such construction is not
possible, the invalid or unenforceable portion will be severed from this Agreement but the rest of
the Agreement will remain in full force and effect.
(g) Taxes. Each party will be responsible, as required under applicable law, for identifying and
paying all taxes and other governmental fees and charges (and any penalties, interest, and other
additions thereto) that are imposed on that party upon or with respect to the transactions and
payments under this EULA. All fees payable by Licensee are exclusive of applicable taxes and
duties, including VAT, Service Tax, GST, excise taxes, sales and transactions taxes, and gross
receipts tax ("Indirect Taxes"). NICE may charge and Licensee will pay applicable Indirect Taxes that
NICE is legally obligated or authorized to collect from Licensee. Licensee will provide such
information to NICE as reasonably required to determine whether NICE is obligated to collect
Indirect Taxes from Licensee. NICE will not collect, and Licensee will not pay, any Indirect Tax for
which Licensee furnishes NICE a properly completed exemption certificate or a direct payment
permit certificate for which NICE may claim an available exemption from such Indirect Tax. All
payments made by Licensee to NICE under this EULA will be made free and clear of any deduction
or withholding, as may be required by law. If any such deduction or withholding (including cross-
border withholding taxes) is required on any payment, Licensee will pay such additional amounts
as are necessary so that the net amount received by NICE is equal to the amount then due and
payable under this EULA. NICE will provide Licensee with such tax forms as are reasonably
requested in order to reduce or eliminate the amount of any withholding or deduction for taxes in
respect of payments made under this EULA.
(h) Confidentiality And Publicity. Licensee may use NICE Confidential Information only in
connection with Licensee's use of the Software as permitted under this EULA. Licensee will not
disclose NICE Confidential Information during the Term or at any time after without NICE's advance
written consent. Licensee will take all reasonable measures to avoid disclosure, dissemination, or
unauthorized use of NICE Confidential Information, including, at a minimum, those measures
Licensee takes to protect its own confidential information of a similar nature. Licensee will not
issue any press release or make any other public communication with respect to this EULA or your
use of the Software. "NICE Confidential Information" means all nonpublic information disclosed by
NICE its affiliates, business partners or its or their respective employees, contractors or agents that
is designated as confidential or that, given the nature of the information or circumstances
surrounding its disclosure, reasonably should be understood to be confidential. NICE Confidential
Information does not include any information that: (i) is or becomes publicly available without
breach of this EULA; (ii) can be shown by documentation to have been known to Licensee at the
time of receipt from NICE; (iii) is received from a third party who did not acquire or disclose the
same by a wrongful or tortious act; or (iv) can be shown by documentation to have been
independently developed by Licensee without reference to NICE Confidential Information.
(i) Notices. Any notice required or permitted by this EULA to be given to either party shall be
effective upon receipt and shall be given in writing and sent by overnight courier, facsimile, or first
class certified mail with postage prepaid. Notices to Licensee will be sent to the addresses
indicated in the applicable order for the Software and to the NICE contracting party at the address
in the opening paragraph of this EULA. Receipt shall be presumed received 5 business days after
mailing by first class mail unless the sender obtains a delivery receipt indicating it was delivered
earlier, the next day if sent by over-night courier, and when confirmation is received if by fax. In
addition, a copy of the notice shall also be given via e-mail to each party's primary contact. Either
party may designate a different address than that given below by notice to the other party in
accordance with this paragraph. A copy of any notice required or permitted to be sent to NICE shall
also be sent to Amazon.com, Inc. Attn: General Counsel P.O. Box 81226 Seattle, WA 98108-1226
Fax: (206) 266-7010 E-mail: contracts-legal@amazon.com.
(j) Modifications To The Agreement. NICE may modify this EULA at any time by posting a revised
version on the NICE website (nice-software.com, and any successor or related site designated by
NICE, hereinafter, the "NICE Website") or by sending a message to the email address then
associated with Licensee's account. Notices of modifications NICE provides by posting on the NICE
Website will be effective upon posting, and notices NICE provides by email will be effective when
NICE sends the email. It is Licensee's responsibility to keep its email address current. Licensee will
be deemed to have received any email sent to the email address then associated with its account
when NICE sends the email, whether or not Licensee actually receives the email. By continuing to
use the Software after the effective date of any modifications to this EULA, Licensee agrees to be
bound by the modified terms. It is Licensee's responsibility to check the NICE Website regularly for
modifications to this EULA.
(k) Trade Compliance. In connection with this EULA, Licensee will comply with all applicable
import, re-import, sanctions, anti-boycott, export, and re-export control laws and regulations,
including all such laws and regulations that apply to a U.S. company, such as the Export
Administration Regulations, the International Traffic in Arms Regulations, and economic sanctions
programs implemented by the Office of Foreign Assets Control. For clarity, Licensee is solely
responsible for compliance related to the manner in which Licensee chooses to use the Software.
Licensee represents and warrants that Licensee and its financial institutions, or any party that
owns or controls Licensee or its financial institutions, are not subject to sanctions or otherwise
designated on any list of prohibited or restricted parties, including the lists maintained by the
United Nations Security Council, the US Government (e.g., the US Department of Treasury's
Specially Designated Nationals list and Foreign Sanctions Evaders list and the US Department of
Commerce's Entity List), the European Union or its member states, or other applicable government
authority.
(l) U.S. Government Rights. The Software is provided to the U.S. Government as "commercial
items," "commercial computer software," "commercial computer software documentation," and
"technical data" with the same rights and restrictions generally applicable to the Software. If you
are using the Software on behalf of the U.S. Government and these terms fail to meet the U.S.
Government's needs or are inconsistent in any respect with federal law, Licensee will immediately
discontinue use of the Software. The terms "commercial item" "commercial computer software,"
"commercial computer software documentation," and "technical data" are defined in the Federal
Acquisition Regulation and the Defense Federal Acquisition Regulation Supplement.
(m) No Third-Party Beneficiaries. This EULA does not create any third-party beneficiary rights in any
individual or entity that is not a party to this EULA.