Appendix E Open Software Announcements
NWA1300-NJ User’s Guide
146
The Original Code is not fault-tolerant and is not designed , manufactured or
intended for use or resale as online 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 Original Code could lead
directly to death, personal injury, or severe physical or environmental damage.
GoAhead and its suppliers specifically disclaim any express or implied warranty of
fitness for any high risk uses listed above.
9. Government Restricted Rights.
For units of the Department of Defense, use, duplication, or disclosure by the
Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the
Rights in Technical Data and Computer Software clause at DFARS 252.227-7013.
Contractor/manufacturer is GoAhead Software, Inc., 10900 N.E. 8th Street, Suite
750, Bellevue, Washington 98004.
If the Commercial Computer Software Restricted rights clause at FAR 52.227-19
or its successors apply, the Software and Documentation constitute restricted
computer software as defined in that clause and the Government shall not have
the license for published software set forth in subparagraph (c)(3) of that clause.
The Original Code (i) was developed at private expense, and no part of it was
developed with governmental funds; (ii) is a trade secret of GoAhead (or its
licensor(s)) for all purposes of the Freedom of Information Act; (iii) is "restricted
computer software" subject to limited utilization as provided in the contract
between the vendor and the governmental entity; and (iv) in all respects is
proprietary data belonging solely to GoAhead (or its licensor(s)).
10. Governing Law and Interpretation.
This Agreement shall be interpreted under and governed by the laws of the State
of Washington, without regard to its rules governing the conflict of laws. If any
provision of this Agreement is held illegal or unenforceable by a court or tribunal
of competent jurisdiction, the remaining provisions of this Agreement shall remain
in effect and the invalid provision deemed modified to the least degree necessary
to remedy such invalidity.
11. Entire Agreement.
This Agreement is the complete agreement between GoAhead and You and
supersedes all prior agreements, oral or written, with respect to the subject
matter hereof.
