Licensee shall comply with all export laws and regulation of the United States to assure that the Software is not exported, directly or indirectly, in violation of U.S. No delay, failure or waiver by either party to exercise any right or remedy under this agreement shall operate to waive any exercise of such right or remedy or any other right or remedy. Licensee may not assign or transfer any of its rights or delegate any of its obligations under this agreement. 3403 Yerba Buena Rd, San Jose, California 95135. 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 or subparagraphs (c) (1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. The Software and Documentation are provided with Restricted Rights. Notwithstanding any termination of this License, the rights and obligations relating to title, warranty, termination and limitation of liability, as well as any other provisions which survive by their terms, shall survive termination:

No refunds shall be given for such returned materials. Upon any termination, Licensee shall promptly destroy or return to HGST all copies of the Software and Documentation, including all original and archival copies. This agreement shall terminate automatically on Licensee's failure to comply with any of the provisions herein, including any attempt to transfer this license or the Software or Documentation. This agreement shall continue in effect until terminated hereunder.

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