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<br /> <br />CONFIDENTIAL Cayenta Software and Subscription Agreement 2024-01-11 <br />Page 40 of 41 <br /> <br />the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life <br />support machines, or weapons systems) in which failure of the Microfocus Runtime System could lead <br />directly or indirectly to death, personal injury, or severe physical or environmental damage. Harris, Micro <br />Focus, and its suppliers shall have no liability for any use of the Micro Focus Runtime System in any high - <br />risk situations. <br /> <br />9. NOTICE TO U.S. GOVERNMENT END USERS. The Micro Focus Runtime System are deemed to be <br />“Commercial Items,” as defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and <br />“Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 <br />C.F.R. §227.7202, as applicable. Consistent with such sections, the Micro Focus Runtime System are <br />licensed to U.S. Government end users (i) only as Commercial Items, and (ii) with only those rights as are <br />granted pursuant to this Agreement. <br /> <br />10. Customer may not assign or transfer this Agreement or any of its rights or duties hereunder, including (but <br />not limited to) by merger, acquisition by any entity of all or substantially all of Customer’s stock or assets, <br />change of control, operation of law, or otherwise, without the prior written consent of Micro Focus and <br />payment by Customer of the applicable assignment fee. Any attempted assignment not in accordance with <br />this Section shall be null and void. <br /> <br /> <br />