"EULA" SIGNATURE PAGE and INSTALLATION SITE DETAILS

Signature of End-User/Customer Accepting to be Legally Bound by this End-User License Agreement between End-User and XPS International, Inc. and Itsí Terms and Conditions

Registered End-User/Customer Legal Signature: ______________________________

Registered End-User/Customer Name in Printed Form: __________________________

End-User License Agreement "EULA" Number: ____________________

Name of Employer of End-User/Customer: ___________________________________

Address Where XPS International Software(s) and Spectral Data are Installed:

__________________________________________________________________

__________________________________________________________________

Date of Signature:____________________________

Description of Computer Used with XI Data and Softwares Example Description

Manufactured by:___________________________ IBM

Model: ___________________________________ Aptiva

Operating System #1: _______________________ MS-Windows 95

CPU: ____________________________________ Intel Pentium 100 MHz

RAM: ____________________________________ 16 MB

CD-ROM Speed: ___________________________ 4X

Hard Disk #1 Size and Type: __________________ 1GB IDE (internal)

Hard Disk #2 Size and Type: __________________ 1.2GB External SCSI

Floppy Disk Drive Size: ______________________ 3.5" & 5.25"

Black & White Printer: _______________________ HP LaserJet 5L (PCL5*)

Color Printer: ______________________________ HP PaintJet (HP-GL/2*)

Modem Name & Speed: ______________________ MicroCom 28.8

Removable Disk Drive #1: ____________________ Iomega Zip 100 (SCSI)

Removable Disk Drive #2: ____________________ 230 MB MO (SCSI)

Internet E-Mail Address: _____________________ bvcrist@gol.com

CompuServe Mail Address: ___________________ 71651,1037

FAX Number at Work: ________________________ -81-44-954-4001 (Japan)

SCSI Interface Board: _________________________ Adaptec 1542C

Other Information: ____________________________ Using Multi-Config Setup

*Note: Printers, which are directly compatible with PCL5 or HP-GL/2, can be used directly with

XI SpecMaster Pro, XI SpecMaster, and XI SpecStarter Systems.

"End-User License Agreement" (EULA) with XPS International, Inc.

IMPORTANT LEGAL AGREEMENT: This XPS International, Inc. End-User License Agreement is a legal agreement between the end-user/customer, which is either you, the end-user/customer as an individual or you the end-user/customer as an institution, and XPS International, Inc for the LICENSED AS-IS use of ANY DATA and/or ANY SOFTWARE and/or ANY PROGRAM and/or ANY DATABASE RELATED PRODUCTS OBTAINED FROM XPS INTERNATIONAL, INC., WHICH IS HEREIN ALSO KNOWN AS "XPS INTERNATIONAL OR XI". SUCH PRODUCTS INCLUDE, BUT ARE NOT LIMITED TO PARTS OR COMPLETE SETS OF XI SPECTRAL DATA PROCESSOR and/or XI FORMAT CONVERTOR SOFTWARES and/or XI XPS SPECTRAL DATA and/or XI XPS SPECTRAL DATA-BASE SYSTEMS and/or XI SPECMASTER PRO and/or XI SPECSTARTER SYSTEMS supplied by XPS International, Inc., which include computer softwares, spectral data in either electronic, magnetic, optical, magneto-optical, or printed form, associated media and printed materials, electronic documentation (herein called SPECTRAL DATA PROCESSOR SOFTWARE(S) and/or XPS SPECTRAL DATUM(A) and/or XPS SPECTRAL DATA-BASE SYSTEM(S) and/or XI SPECMASTER PRO AND XI SPECSTARTER SYSTEM(S)). By installing, copying, or otherwise using XI SPECTRAL DATA PROCESSOR and/or XI FORMAT CONVERTOR SOFTWARE(S) and/or XI XPS SPECTRAL DATUM(A) and/or XI XPS SPECTRAL DATA-BASE SYSTEM(S) and/or XI SPECMASTER PRO and/or XI SPECSTARTER SYSTEM(S), you have agreed to be bound by the terms and conditions of this "EULA" EVEN IF YOU DO NOT SIGN THE ATTACHED "EULA" SIGNATURE PAGE. If you do not agree to the terms of this EULA, promptly return the unused XI PRODUCTS to the place from which you obtained it for a refund.

 

COPYRIGHTS © to XI XPS SPECTRAL DATA, XI XPS SPECTRAL DATA-BASES, XI XPS SPECTRAL DATA LIBRARIES, XI SPECMASTER PRO, XI SPECMASTER, XI SPECSTARTER, XI SPECTRAL DATA PROCESSOR, XI FORMAT CONVERTOR SOFTWARES, XI XPS HANDBOOKS and all related products are claimed and held by XPS International, Inc.

On August 31st of 1994 copyrights "©" to all XI SPECTRAL SPECTRAL DATA PROCESSOR softwares, all XI XPS SPECTRAL DATA, all XI XPS SPECTRAL DATA-BASE SYSTEMS, all XI XPS SPECTRAL DATA LIBRARIES, all XI SPECMASTER SYSTEMS, all XI SPECMASTER PRO SYSTEMS, all XI SPECSTARTER SYSTEMS, all XI XPS HANDBOOKS, and all associated data and software and program and database products produced by XPS International, Inc. were bestowed upon and exclusively claimed by the owner of XPS International, Inc. which has its current address at 3408 Emerald Dr., Ames, Iowa, 50010, USA. These copyrights also include but are not limited to the design, layout, drawings, icons, logos, structure, content, wording, phrases, names, terminology, and any matter that are constituted within the products produced by XPS International, Inc..

The XI XPS SPECTRAL DATA, XI XPS SPECTRAL DATA-BASES, XI XPS SPECTRAL DATA LIBRARIES, XI SPECMASTER PRO, XI SPECMASTER, XI SPECSTARTER, XI SPECTRAL DATA PROCESSOR, XI FORMAT CONVERTOR, and XI XPS HANDBOOKS are protected by copyright laws, international copyright treaties such as the Berne Convention that includes 116 countries, and other intellectual property laws and treaties. All XI XPS SPECTRAL DATA, XI XPS SPECTRAL DATA-BASES, XI XPS SPECTRAL DATA LIBRARIES, XI SPECMASTER PRO, XI SPECMASTER, XI SPECSTARTER, XI SPECTRAL DATA PROCESSOR, and XI FORMAT CONVERTOR are licensed to end-users for end-users to use on a single computer only. The primary user of the computer on which the XI XPS SPECTRAL DATA, XI XPS SPECTRAL DATA-BASES, XI XPS SPECTRAL DATA LIBRARIES, XI SPECMASTER PRO, XI SPECMASTER, XI SPECSTARTER, XI SPECTRAL DATA PROCESSOR, and XI FORMAT CONVERTOR is installed is permitted to make a single backup copy for his or her exclusive use on a single computer. XI XPS SPECTRAL DATA, XI XPS SPECTRAL DATA-BASES, XI XPS SPECTRAL DATA LIBRARIES, XI SPECMASTER PRO, XI SPECMASTER, XI SPECSTARTER, XI SPECTRAL DATA PROCESSOR, and XI FORMAT CONVERTOR are not sold, only licensed to end-users.

Any form of copying for other than an individual user's personal reference without express written permission of XPS INTERNATIONAL is prohibited. Further distribution of these materials is strictly forbidden, including but not limited to, posting, emailing, faxing, archiving in a public database, redistributing via a computer network, or in a printed form.

All rights to copyrights of the XI XPS SPECTRAL DATA, XI XPS SPECTRAL DATA-BASES, XI XPS SPECTRAL DATA LIBRARIES, XI SPECMASTER PRO, XI SPECMASTER, XI SPECSTARTER, XI SPECTRAL DATA PROCESSOR, and XI FORMAT CONVERTOR are exclusively held and exclusively reserved by the owner of XPS International Inc.. Neither the whole nor any part of XI XPS SPECTRAL DATA, XI XPS SPECTRAL DATA-BASES, XI XPS SPECTRAL DATA LIBRARIES, XI SPECMASTER PRO, XI SPECMASTER, XI SPECSTARTER, XI SPECTRAL DATA PROCESSOR, XI FORMAT CONVERTOR or the XI XPS HANDBOOKS or any other digitally or optically or mechanically or physically stored material contained within or used by the system, libraries, data, softwares, database, data-bases, tapes, or books produced by XI International, Inc. may be reproduced, exported, converted, modified, transformed, decompiled, stored in a networked retrieval system, or transmitted, in any form or into any other format of any sort by any means, electronic, optical, mechanical, photocopying, recording, or otherwise, without the prior written permission of XPS International

No one other than XPS International has the right to permit, to allow, or perform any form of copying or modification of the XI XPS SPECTRAL DATA, XI XPS SPECTRAL DATA-BASES, XI XPS SPECTRAL DATA LIBRARIES, XI SPECMASTER PRO, XI SPECMASTER, XI SPECSTARTER, XI SPECTRAL DATA PROCESSOR, and XI FORMAT CONVERTOR, any printed forms of the XI XPS SPECTRAL DATA, or any products made by XPS International, Inc.. Violators of these copyrights may be prosecuted.

Grant of "Limited Rights to Printed Data" as a subset of Terms and Conditions

All data supplied in hardcopy form and all data that Customer or End-User extracts or uses or processes through online access and prints into or onto hardcopy form are accepted by the Customer or End-User as being "limited rights data" and are subject to the following provisions as well as all the provisions of the EULA.

The licensed or registered end-user is granted the following "limited rights" if the registered end-user adheres to the terms and conditions outlined in this End-User License Agreement and includes and does not remove the copyright marks that identify XPS International as the copyright holder.

  1. For personal reference or internal reports written by the registered end-user, the licensed or registered end-user is granted the right to make printed copies of XI XPS SPECTRAL DATA on paper, plastic film, or other hardcopy printed media by using the XI SPECTRAL DATA PROCESSOR and XI FORMAT CONVERTOR as long as the number of spectra in a single report is less than 50 and the end user lists XPS International, Inc. as the original source of the XPS spectral data in the bibliography section and the experimental section of each report.
  2. Publication of XI XPS SPECTRAL DATA in professional scientific journals is permitted as long as the number of spectra in a single publication is less than 50 and the end user lists XPS International, Inc. as the original source of the XPS spectral data in the bibliography section and the experimental section of each publication.
  3. The registered end-user or customer is also granted the right to make and use overhead projection (OHP) transparency films or slide projections of original or modified XPS spectral data at scientific seminars or scientific presentations as long as the "logo" of XPS International and the phrase, "Copyright © 1994 by XPS International, Inc.", are clearly visible in the projected images.
  4. If the registered end-user is a business that sells analytical services and wants to include XPS spectra supplied by XPS International, then the registered end-user is permitted to include as many as 50 spectra in each report supplied to external customers as long as the "logo" of XPS International and the phrase, "Copyright © 1994 by XPS International, Inc.", are clearly visible on each XPS spectrum supplied by XPS International, Inc..
  5. For all other internal uses and/or for external uses the registered end-user must first obtain written permission from XPS International, Inc..

 

These aforementioned "limited rights" require each registered end-user to abide by all the terms and conditions outlined in this EULA, and do not in any way negate any of the terms and conditions in this EULA.

 

 

 

 

Grant of "Limited Rights to Computer-readable Data" as a subset of Terms and Conditions

All data supplied on and/or in magnetic media form and/or other computer-readable format such as CDROM and all data that Customer or End-User extracts or uses or processes through online access and transfers into or onto magnetic media form and/or other computer-readable format such as CDROM are accepted by the Customer or End-User as being "limited rights data" and are subject to the following provisions as well as all the provisions of the EULA.

  1. For personal reference or internal reports written by the registered end-user, the registered end-user is granted the right to make magnetic media form and/or other computer-readable format copies of XI XPS SPECTRAL DATA into or onto magnetic media and/or other computer-readable media, such as CDROM, hard disk, removable hard disk, magneto-optical disks, or floppy disks as long as the number of spectra in a single publication is less than 50 and those personal references or internal reports contain the phrase: "Copyright © 1994 by XPS International, Inc." next to each spectrum extracted from the magnetic media form and/or other computer-readable format copies of XI XPS SPECTRAL DATA supplied by XPS International, Inc..
  2. Publication of XI XPS SPECTRAL DATA in computer based professional scientific journals in magnetic media form and/or other computer-readable format is permitted as long as the number of spectra in a single publication is less than 50 and the end user lists XPS International, Inc. as the original source of the XPS spectral data in the bibliography section and the experimental section of each publication.
  3. The registered end-user or customer is also granted the right to make and use computer based projections of original or modified XPS spectral data at scientific seminars or scientific presentations as long as the "logo" of XPS International and the phrase, "Copyright © 1994 by XPS International, Inc.", are clearly visible in the projected images.
  4. If the registered end-user is a business that sells analytical services and wants to include XPS spectra supplied by XPS International, then the registered end-user is permitted to include a maximum of 50 XI XPS SPECTRA in each computer based report supplied to external customers as long as the "logo" of XPS International and the phrase, "Copyright © 1994 by XPS International, Inc.", are clearly visible on each XPS spectrum supplied by XPS International.
  5. For all other internal uses and/or for external uses the registered end-user must first obtain written permission from XPS International, Inc..

These aforementioned "limited rights" require each registered end-user to abide by all the terms and conditions outlined in this EULA, and do not in any way negate any of the terms and conditions in this EULA.

 

 

 

 

 

 

Terms and Conditions of this End-User License Agreement

XPS International, Inc. grants to you, the licensed end user, a non-exclusive, non-transferable license to use the XI XPS SPECTRAL DATA, XI XPS SPECTRAL DATA-BASES, XI XPS SPECTRAL DATA LIBRARIES, XI SPECMASTER PRO, XI SPECMASTER, XI SPECSTARTER, XI SPECTRAL DATA PROCESSOR, and/or XI FORMAT CONVERTOR on a single computer at a single building site.

Any attempt to sub-license, assign, rent, or transfer any part or all of the XI XPS SPECTRAL DATA, XI XPS SPECTRAL DATA-BASES, XI XPS SPECTRAL DATA LIBRARIES, XI SPECMASTER PRO, XI SPECMASTER, XI SPECSTARTER, XI SPECTRAL DATA PROCESSOR, and XI FORMAT CONVERTOR or the rights or the obligations of this agreement without the prior written consent of XPS International, Inc. are void and prohibited. The XI XPS SPECTRAL DATA, XI XPS SPECTRAL DATA-BASES, XI XPS SPECTRAL DATA LIBRARIES, XI SPECMASTER PRO, XI SPECMASTER, XI SPECSTARTER, XI SPECTRAL DATA PROCESSOR, and/or XI FORMAT CONVERTOR may not be shared over any sort of computer based internal, external, or world-wide network system without the proper network license from XPS International, Inc..

By accepting this EULA and/or by installing and using any data, software, or other materials supplied by XPS International, Inc. the end-user or customer also agrees that the copyrights and rights of the owner of XPS International, Inc. supersede any and all rights, which may be claimed by his or her company, employer, or institution to the rights to distribute, share, copy, or otherwise reproduce any data, software, or other materials, supplied by XPS International, Inc., whether or not the items are supplied free of charge.

All XPS spectra, data, the system, and the documentation are copyrighted by XPS International Inc., and the licensed end-user may make a single backup copy of the XI XPS SPECTRAL DATA, XI XPS SPECTRAL DATA-BASES, XI XPS SPECTRAL DATA LIBRARIES, XI SPECMASTER PRO, XI SPECMASTER, XI SPECSTARTER, XI SPECTRAL DATA PROCESSOR, and/or XI FORMAT CONVERTOR only for internal use within a single computer system.

Ownership and copyrights of the XI XPS SPECTRAL DATA, XI XPS SPECTRAL DATA-BASES, XI XPS SPECTRAL DATA LIBRARIES, XI SPECMASTER PRO, XI SPECMASTER, XI SPECSTARTER, XI SPECTRAL DATA PROCESSOR, and/or XI FORMAT CONVERTOR and its original distribution media are retained completely and exclusively by XPS International, Inc.. This License will automatically terminate without notice if the end-user fails to comply with any of its terms.

As mentioned above, by installing, copying, or otherwise using XI XPS SPECTRAL DATA, XI XPS SPECTRAL DATA-BASES, XI XPS SPECTRAL DATA LIBRARIES, XI SPECMASTER PRO, XI SPECMASTER, XI SPECSTARTER, XI SPECTRAL DATA PROCESSOR, and/or XI FORMAT CONVERTOR, the End-User or Customer agrees and acknowledges that all data supplied on magnetic media or in other computer-readable format such as CDROM and all data available through online access constitute a "computer data base" and/or a "commercial computer software" as defined under the copyright laws of all 116 countries that abide by the Berne (copyright) Convention.

This Agreement is currently governed by the laws of the country, state, district, province, or territory where the licensed end-user exists, but, at the discretion of XPS International this agreement may be changed to be governed by the laws of the United States of America exclusively.

You the end-user may not permit other individuals to use the XI XPS SPECTRAL DATA, XI XPS SPECTRAL DATA-BASES, XI XPS SPECTRAL DATA LIBRARIES, XI SPECMASTER PRO, XI SPECMASTER, XI SPECSTARTER, XI SPECTRAL DATA PROCESSOR, and/or XI FORMAT CONVERTOR unless special arrangements have been made in writing with XPS International, Inc..

You the end-user/customer may not either in part or in whole export, convert, translate, reverse engineer, decompile, disassemble, modify, or create derivative works based on the XI XPS SPECTRAL DATA, XI XPS SPECTRAL DATA-BASES, XI XPS SPECTRAL DATA LIBRARIES, XI SPECMASTER PRO, XI SPECMASTER, XI SPECSTARTER, XI SPECTRAL DATA PROCESSOR, XI FORMAT CONVERTOR and/or the XI XPS HANDBOOKS without the express written authorization of the owner of XPS International Inc..

XPS INTERNATIONAL reserves the right to add or withdraw data and databases and to modify or otherwise change the XI XPS SPECTRAL DATA, XI XPS SPECTRAL DATA-BASES, XI XPS SPECTRAL DATA LIBRARIES, XI SPECMASTER PRO, XI SPECMASTER, XI SPECSTARTER, XI SPECTRAL DATA PROCESSOR, and/or XI FORMAT CONVERTOR (including features contained within them) without prior notice.

End-User/Customer indemnifies, holds harmless and agrees to defend XPS INTERNATIONAL from and against any claim of taxes imposed upon XPS INTERNATIONAL. Further, End-User/Customer assumes sole responsibility for fees or duties imposed by End-Userís/Customer's government on the receipt of XI Products by End-User/Customer.

All softwares, data, and materials (including without limitation images, spectra, tables, icons and navigation processes) made available hereunder to Customer are the exclusive property of XPS INTERNATIONAL and no ownership rights are granted hereunder to Customer, whether copyright, trademark or otherwise. Except as may be permitted Customer may not copy, republish, transmit or retain in a database for archival and retrieval by others or create a derivative work from the data retrieved by End-User/Customer from any products, softwares, manuals, data-bases, books, charts, tables, data libraries, directories, or programs produced and/or licensed by XPS International.

Use of softwares, data, and materials is at customer's own risk. All softwares, data, and materials furnished to customer are furnished on a "LICENSED AS IS" basis. The "LICENSED AS IS" basis means that XPS INTERNATIONAL makes no representations or warranties of fitness for particular purpose or merchantability, nor are any such warranties to be implied with respect to the softwares, data, and materials furnished.

XPS INTERNATIONAL assume no responsibility with respect to customer or its affiliates, employees, clients or anyone else's use of the data retrieved from softwares, data, and/or materials. XPS INTERNATIONAL shall not be liable for incidental or consequential damages, even if advised of the possibility thereof, nor for exemplary damages or "LOST PROFITS". In no event shall XPS INTERNATIONALís liability to customer for damages, regardless of

cause or form of action, exceed the actual amount of money paid for the softwares, data, and materials licensed by End-User (customer). For the purposes hereof, XPS INTERNATIONAL shall include its parent and affiliated companies.

In the event that Customer or End-User is an organization and issues a purchase order for the purchase of a EULA with XPS INTERNATIONAL, then the following statement is agreed by the End-User to be a true and integral part of the End-Userís or Customer's purchase order. "The terms and conditions of XPS INTERNATIONAL's End-User License Agreement are a part of this purchase order and are in lieu of all terms and conditions, express or implied, in such purchase order."

Customer agrees to not obscure or remove copyright notices contained on any materials obtained via USE OF SOFTWARES, DATA, AND MATERIALS provided by XPS International. Customer further agrees that the copyright laws of the countries that abide by the Berne Convention shall govern all data and materials obtained via use of the SOFTWARES, DATA, AND MATERIALS and Customer acknowledges that civil and/or criminal penalties may be applicable to Customer's infringement of copyright laws.

Any ideas, concepts or materials submitted to XPS INTERNATIONAL by the Customer become XPS INTERNATIONAL's property to exploit or to not exploit as XPS INTERNATIONAL solely deems appropriate and without necessity for remuneration to or attribution of Customer. The only exception to the foregoing sentence is where there exists a written agreement between Customer and XPS INTERNATIONAL, executed by Customer and an officer of XPS INTERNATIONAL.

 

 

 

 

 

 

Disclaimer(s)

XPS International strives to provide its customers with reliable XPS spectra and data from many different chemicals and chemical compounds whereby those XPS spectra and data reflect the observed surface chemistry of the chemicals and chemical compounds that were analysed.

Unless otherwise stated, all chemicals and chemical compounds were analysed as received from the supplier without any refinement or modification. Chemicals and chemical compounds supplied by various chemical makers will have various surface chemical compositions that reflect the overall processing methods used to produce or to store those chemicals and chemical compounds. The XPS spectra and data provided by XPS International simply report the XPS analytical data obtained by using XPS to analyse the surface region of those chemicals and chemical compounds.

Due to reactive nature of many chemicals and chemical compounds, the XPS spectra and data included in XPS International product(s) may show that a chemical or chemical compound with high bulk purity may have a surface region which has lower purity due to various forms of chemical contaminants.

XPS International does not accept and denies all responsibility for the actual or implied use of the XPS softwares, spectra, and/or data provided by XPS International, Inc.. XPS International Inc. makes no warranty that the spectra or data provided herein are free of error and will not be held liable for any damage(s) that may result from the use of the softwares, spectra, or data provided by XPS International.

Under no circumstances and under no legal, theory, tort, contract, otherwise shall XPS International, Inc. or its suppliers or re-sellers be liable to the End-User or any other person for any indirect, special, incidental, or consequential damage of any character including, without limitation, damage for loss of goodwill, work stoppage, computer failure, or malfunction, or any and all other commercial damages or losses.

 

 

Restoring of Damaged Software Policy

During the first year XPS International, Inc. will restore softwares onto the original type of media used to distribute the data if the registered end-user ships and pays for the shipment of properly functioning media or the temporary return of any required disk drives to XPS International, Inc.. XPS International, Inc. will pay for return shipment, but any taxes, duties, or customs must be paid by the end-user.

After the first year of use, there is a service charge for restoring damaged software onto properly functioning media. XPS International, Inc. reserves the right to refuse assistance to any individuals who is not the registered end-user, but claims to represent or work with the registered end-user. The end-user is recommended to make the allowed back-up copy.

 

Export Control

You, the end-user, may not export or re-export any part or all of the XI XPS SPECTRAL DATA, XI XPS SPECTRAL DATA-BASES, XI XPS SPECTRAL DATA LIBRARIES, XI SPECMASTER PRO, XI SPECMASTER, XI SPECSTARTER, XI SPECTRAL DATA PROCESSOR, XI FORMAT CONVERTOR and/or XI XPS HANDBOOKS to any other countries. You, the end-user, may not sell, transfer, give, or otherwise pass any part or all of the XI XPS SPECTRAL DATA, XI XPS SPECTRAL DATA-BASES, XI XPS SPECTRAL DATA LIBRARIES, XI SPECMASTER PRO, XI SPECMASTER, XI SPECSTARTER, XI SPECTRAL DATA PROCESSOR, XI FORMAT CONVERTOR and/or XI XPS HANDBOOKS to any individual or any group of individuals or any group from any other countries.

 

Trademark Notice

HP-GL is a trademark of the Hewlett Packard Co., MS-DOS and MS-Windows are trademarks of the Microsoft Corporation. IBM and Aptiva are trademarks of the International Business Machine Corp. The names or phrases including the following: XPS International, XI, XI XPS Spectral Data, XI XPS Spectral Data-Bases, XI XPS Spectral Libraries, XI SpecMaster Pro, XI SpecMaster, XI SpecStarter, XI Spectral Data Processor, and XI Format Convertor are tradenames/trademarks of XPS International, Inc..

 

 

If Customer is a unit or agency of the United States government, then the provisions of this section apply. Customer agrees as follows:

(i) All data being supplied on magnetic media or in other computer-readable format such as CDROM and all data available through online access is a "computer data base" that constitutes "restricted computer software" as defined in Clause 52.227-19 of the Federal Acquisition Regulations (FAR) and "commercial computer software" as defined in Clause 252.227-7013 of the Department of Defense Federal Acquisition Regulation Supplement (DFARS). If Customer or End-User is a unit or agency of the Department of Defense (DOD), Customer agrees that it will have only those rights to use such data that are defined in Clause 252.227- 7013(c)(1)(ii) of the DFARS and in the "Permissible Uses of Data" provisions of this Agreement. If Customer is any unit or agency of the United States government other than DOD, customer agrees that it will have only those rights to use such data that are defined in Clause 52.227-19(c)(2) of the FAR and in the "Permissible Uses of Data" provisions of this Agreement.

(ii) All data being supplied in hardcopy reports and all data that End-User or Customer extracts through online access and prints in hardcopy form is "limited rights data" as defined in Clause 52.2227-14 of the FAR and in Clause 252.227-7013 of the DFARS, and is subject to the following provisions.

(a) If Customer is a unit or agency of DOD, Customer agrees that it will have only those rights to use such data that are defined in the "Permissible Uses of Data" provisions of this Agreement and as provided in Clause 252.227-7013 of the DFARS.

(b) If Customer is a unit or agency of the United States government other than DOD, Customer agrees that it will have only those rights to use such data that are defined in the "Permissible Uses of Data" provisions of this Agreement and in the limited rights as provided in Clause 52.227-14 of the FAR.

(iii) The term "open order" shall be governed by the then-current expiration date as evidenced by the government order authorized by the Contracting Officer or other government official who has executed this Agreement.

(iv) Provisions regarding interest charges on delinquent payments, collection agency and attorneys fees are hereby deleted and this Agreement will be governed by applicable government regulations then in effect respecting late payments to contractors.

(v) If a United States of America government order form is used in conjunction with ordering services, then End-User or Customer agrees to incorporate the terms and conditions of this Agreement into such order form.

(vi) Notwithstanding any provisions listed herein, XPS INTERNATIONAL's termination rights shall be governed by applicable USA government regulations (or other express provisions of the Agreement, if any) then in effect; however, XPS INTERNATIONAL retains the right to suspend its obligations for cause and upon written notice to the Customer.

Note: The conditions listed here can be modified to meet the needs of each of the different US government requirements. Please contact XPS International for your specific needs.