END-USER LICENSE AGREEMENT (“EULA”)
Waypoint Software 8.90 User Manual v8 16
14.RESTRICTIONS
14.1United States Government Restricted Rights.If the Software or any Data Services (including any
Updates, Upgrades, Documentation or technical data related to such Software) is licensed, purchased, sub-
scribed to or obtained, directly or indirectly, by or on behalf of a unit or agency of the United States Government,
then this Section 10.1 also applies:
14.1.1NovAtel is a Canadian corporation and is an actively registered U.S. Government contractor in the
System for Award Management (SAM) under DUNS# 240662007 and NCAGE Code# 38757. NovAtel cer-
tifies that all Software or any Data Services under this EULA are “Commercial Items” as defined under FAR
§2.101 developed at private expense. Notwithstanding the foregoing, for the avoidance of doubt, this cer-
tification does not apply to subcontractor or any third-party software product.
14.1.2For civilian agencies.The Software and Data Services were developed at private expense and is
“restricted computer software” submitted with restricted rights in accordance with the Federal Acquisition
Regulations (“FAR”) 52.227-19 (a) through (d) (Commercial Computer Software – Restricted Rights).
14.1.3For units of the Department of Defense.The Software and Data Services were developed at
private expense and is “commercial computer software” submitted with restricted rights in accordance with
the Defense Federal Acquisition Regulations (“DFARS”) DFARS 227.7202-3 (Rights in commercial com-
puter software or commercial computer software documentation).
14.2Export Restrictions.You acknowledge that provision of the Software and any Data Services hereunder
may be subject to applicable export laws, rules and regulations (“Applicable Export Laws”), and as such Soft-
ware and any Data Services may be restricted or prohibited with respect to You, or the country or nature of end-
use. You understand and accept that such Applicable Export Laws shall include, but shall not be limited to, those
of Canada, the United States of America (USA), the United Kingdom (UK) and the European Union (EU) and the
laws of the jurisdiction in which the Software and any Data Services are utilized. You understand and accept that
NovAtel shall not enable Data Services for use, or dispatch any Software and NovAtel personnel to You for use,
diversion, export, re-export or import of Software and any Data Services or any portion thereof: (a) to or in a
restricted country; (b) by any entity or person on any denial/debarment list; or (c) for any prohibited use, as des-
ignated by Applicable Export Laws. Applicable Export Laws are subject to change and the onus is upon You to
ensure that it familiarises itself with Applicable Export Laws which specify: (a) restricted countries; (b) deni-
al/debarment lists; and (c) prohibited uses. You hereby warrant to NovAtel that You shall not utilise, divert,
export, re-export or import, and shall not permit any third-party to utilise, divert, export, re-export or import, any
Software and any Data Services: (a) to or in a restricted destination; (b) to any entity or person listed on any deni-
al/debarment list; or (c) for any prohibited use, as designated by Applicable Export Laws.
Any breach of the obligations or representations set forth in this Section shall be deemed to be a material breach
of this EULA, entitling NovAtel to terminate this EULA without notice and seek such remedies as may be appro-
priate in the circumstances.
15.DATA PROTECTION AND PRIVACY
Personal information provided by You will be used by NovAtel in accordance with NovAtel’s Privacy Policy
which may be found at: https://www.novatel.com/about-us/privacy-policy/ or provided on request from NovAtel.
Personal information may also be supplied to third-parties, including debt collection agencies, for the purpose of
enabling NovAtel to collect debts owed by You.
16.GENERAL
16.1Entire Agreement.This EULA constitutes the entire agreement between the parties hereto with regard to
the end use license by End User of the Software and any Data Services. This EULA supersedes any and all prior
discussions and/or representations, whether written or oral, and no reference to prior dealings may be used to in
any way modify the expressed understandings of this EULA. Any future representations, promises and verbal