Doremi Labs HDVI-20s Руководство пользователя - Страница 4
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Печатать страницуSoftware License Agreement
THIS SOFTWARE LICENSE AGREEMENT is provided by Doremi Labs, Inc. ("Licensor").
PLEASE READ ITS TERMS CAREFULLY, AS YOUR USE OF THE SOFTWARE WILL CONSTITUTE YOUR
ACCEPTANCE OF THE TERMS OF THIS AGREEMENT.
1. License. Licensor grants to the customer a non-transferable and non-exclusive license to use the software and associated documentation being
provided with the Doremi Labs equipment being acquired by the Customer (respectively, the "Software" and the "Documentation"). Title in,
ownership of, and all right associated with the Software shall remain vested in the Licensor. THE CUSTOMER SHALL HAVE NO RIGHT TO
MODIFY, DE-COMPILE, REVERSE ENGINEER OR TRANSLATE THE SOFTWARE OR THE DOCUMENTATION OR DISTRIBUTE
COPIES THEREOF TO ANY OTHER PERSON OR ENTITY. Licensor reserves all rights not expressly granted to you.
2. Confidentiality of the Software. The Customer acknowledges and agrees that the Software and the Documentation constitute valuable proprietary
products and trade secrets of the Licensor embodying substantial creative efforts and confidential information, ideas and expressions. The Customer
agrees to maintain in all respects the confidentiality of the Software including, without limitation, agreeing not to disclose or otherwise make
available to any other person or entity, in any manner, the Software in any form whatsoever, except that such disclosure or availability shall be
permitted to an employee of the Customer whose duties and responsibilities require access to the Software in the course of his or her employment or
to agents or independent contractors of the Customer performing maintenance or support services requiring access to the Software. The Customer
further agrees not to alter or remove any copyright or other proprietary rights notice or identification which indicates the Licensor's ownership from
any part of the Software.
3. License Non-Transferable. Neither the license granted by this Agreement nor any copies of the software, the documentation, or any other
materials delivered by the Licensor to the Customer pursuant to this Agreement may, in whole or in part, be assigned, sublicensed, loaned out,
distributed, or otherwise transferred by the Customer to any other person or entity without the prior written consent of the Licensor. Any attempt to
so assign, sublicense, loan, distribute or otherwise transfer such materials shall be deemed null and void. If the Customer desires to transfer the
license in connection with a sale of the Doremi Labs equipment being purchased by another Customer, the Licensor hereby consents to the
assignment of the license provided (a) such sale otherwise complies with the terms of this agreement and applicable law and (b) the transferee reads
and agrees to accept the terms and conditions of the agreement.
4. Export by Law Assurances. The Customer agrees and certifies that neither the Software and documentation nor any direct products thereof is
being or will be downloaded, shipped, transferred, exported, or re-exported, directly or indirectly, into any country to which export is prohibited by
the laws and regulations of the United States.
5. Government End Users. If acquiring the Software on behalf of any unit or agent of the United States government, the Customer agrees that: (a)
the Software is "Commercial Computer Software" as the term is defined in paragraph 27.401 of the DoD Supplement to the Federal Acquisition
Regulations (the "Supplement") or is within the equivalent classification of any other federal agencies' regulations; (b) the Software was developed at
private expense, and no part of it was developed with government funds: (c) the government's use of the Software is subject to "Restricted Rights" as
that term is defined in clause 52.227-7013 (b) (3) (ii) of the supplement or in the equivalent clause of any other federal agencies' regulations; (d) the
Software is a "trade secret' of the licensor for all purposes of the Freedom of Information Act; and (e) each copy of the Software will contain the
Following Restricted Rights Legend:
"Restricted Rights Legend"
Use, duplication, or disclosure is subject to restriction as set forth in the subdivision (b) (3) (ii) of the Rights in the Technical Data and Computer
Software clause at FAR 52.227-7013. Manufacturer: Doremi Labs, Inc., 306 E. Alameda Ave., Burbank, CA 91502.
The Customer agrees to indemnify Licensor for any liability, loss, costs and expense (including court cost and reasonable attorney's fees) arising out
of any breach of the provisions of this Agreement relating to use by the government.
6. Terms. The license is effective until terminated. Customers may terminate it at any time by destroying the Software together with all copies. The
license will also terminate upon conditions set forth elsewhere in this Agreement. The Customer agrees upon such termination to destroy all copies of
the Software.
7. Disclaimer of Warranty.
THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO
ITS MERCHANDABILITY OR ITS FITNESS FOR ANY PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND
PERFORMANCE OF THE SOFTWARE IS WITH THE CUSTOMER. SHOULD THE SOFTWARE PROVE DEFECTIVE, THE CUSTOMER
(AND NOT LICENSOR OR A LICENSOR AUTHORIZED DISTRIBUTOR) ASSUMES THE ENTIRE COST OF ALL NECESSARY
SERVICING, REPAIRING, OR CORRECTION.
LICENSOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET THE
CUSTOMER'S REQUIREMENT OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR
THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. IF ANY MODEL OR SAMPLE WAS SHOWN TO THE CUSTOMER, SUCH
A MODEL OR SAMPLE WAS USED MERELY TO ILLUSTRATE THE GENERAL TYPE AND QUALITY OF THE SOFTWARE AND NOT
TO REPRESENT THAT THE SOFTWARE WOULD NECESSARILY CONFORM TO SUCH A MODEL OR SAMPLE.
Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to the Customer.