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10. Gebruikersovereenkomst
IMPORTANT NOTICE: PLEASE READ CAREFULLY BEFORE EITHER:
(A) DOWNLOADING ANY SOFTWARE FROM THIS WEBSITE, OR
(B)OPENING THE PACKAGING, OR (C) INSTALLING THE SOFTWARE:
This Agreement for Supply of Products and Software (Agreement) is a legal agreement between you (Licensee or you) and No Climb Products Limited
(Licensor or we) for (i) the Licensor's Product and (ii) all related software and all future upgrades thereto (Software). This Agreement also applies to any data
supplied with the Software, associated media, printed materials and related documentation.
(Documentation).
BY PROCEEDING TO DOWNLOAD ANY SOFTWARE FROM THIS WEBSITE OR INSTALLING THIS SOFTWARE OR CLICKING ON THE "ACCEPT"
BUTTON OR OPENING THE PACKAGING YOU AGREE TO THE TERMS OF THIS AGREEMENT WHICH WILL BIND YOU AND YOUR EMPLOYEES.
DEFINITIONS
Licensor's Products are products that are supplied on commercial terms by the Licensor and with which the Software interacts; Website refers to the website
from which Licensor makes the Software or upgrades to the software available for download to you;
1. GRANT AND SCOPE OF AGREEMENT
1.1 In consideration of you agreeing to abide by the terms of this Agreement, the Licensor hereby grants to you a non-exclusive, non-transferable Agreement to
use the Software and the Documentation solely in conjunction with the Licensor's Products on the terms of this Agreement.
1.2 You may:
(a) download, install and use the Software for your private OR internal business purposes only, in relation to the Licensor's Products;
(b) make copies of the Software where this is necessary for the activities permitted under condition 2.1(a);
SRH/SM/SM/573.4/502256.8
(c) receive and use any free supplementary software code or update of the Software incorporating "patches" and corrections of errors in non-source code
format as may be provided by the Licensor from time to time;
(d) receive and use any free supplementary software code or update of the Software incorporating "patches" and corrections of errors in source code format
as may be provided by the Licensor from time to time. Where software is received in source code format, clauses 2.1(d), 2.1(e), 3.2, 3.3, shall not apply.
(e) use any Documentation in support of the use permitted under condition 1.1 and make copies of the Documentation as are reasonably necessary for its
lawful use
2. LICENSEE'S UNDERTAKINGS
2.1 Except as expressly set out in this Agreement or as permitted by any local law, you undertake:
(a) not to copy the Software or Documentation except where such copying is incidental to normal use of the Software, or where it is necessary for the
purpose of back-up or operational security;
(b) not to rent, lease, sub-license or loan, the Software or Documentation;
(c) not to translate, merge, adapt, vary or modify the Software or Documentation;
(d) not to make alterations to, or modifications of, the whole or any part of the
Software, nor permit the Software or any part of it to be combined with, or become incorporated in, any other programs;
(e) not to disassemble, decompile, reverse engineer or create derivative works based on, the whole or any part of the Software nor attempt to do any such
things except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are
essential for the purpose of achieving inter-operability of the Software with another software program, and provided that the information obtained by you
during such activities:
(i) is used only for the purpose of achieving inter-operability of the Software with another software program; and
(ii) is not unnecessarily disclosed or communicated without the Licensor's prior written consent to any third party; and
(iii) is not used to create any software which is substantially similar to the Software; SRH/SM/SM/573.4/502256.8
(f) to keep all copies of the Software secure and to maintain accurate and up-to-date records of the number and locations of all copies of the Software;
(g) to supervise and control use of the Software and ensure that the Software is used by your employees and representatives in accordance with the terms of
this Agreement;
(h) to replace the current version of the Software with any updated or upgraded version or new release provided by the Licensor under the terms of this
Agreement immediately on receipt where the Licensor specifically recommends that you do so;
(i) to include the copyright notice of the Licensor on all entire and partial copies you make of the Software on any medium;
(j) not to provide or otherwise make available the Software in whole or in part (including but not limited to program listings, object and source program
listings, object code and source code), in any form to any person [other than your employees] without prior written consent from the
Licensor;
2.2 You must permit the Licensor and his representatives, at all reasonable times and on reasonable advance notice, to inspect and have access to any premises
at which the Software or the Documentation is being kept or used, to the computer equipment located there, and to any records kept pursuant to this
Agreement, for the purpose of ensuring that you are complying with the terms of this Agreement.
3. INTELLECTUAL PROPERTY RIGHTS
3.1 You acknowledge that all intellectual property rights in the Software and the Licensor's Products and the Documentation anywhere in the world belong to
the Licensor, that rights in the Software are licensed (not sold) to you, and that you have no rights in, or to, the Software or the Documentation other than the
right to use them in accordance with the terms of this Agreement.
3.2 You acknowledge that you have no right to have access to the Software in source code form or in unlocked coding or with comments.
3.3 The integrity of this Software, or any future upgrade of this software, may at any time be protected by technical protection measures (TPM) so that the
intellectual property rights, including copyright, in the Software of the Licensor are not misappropriated. You must not attempt in any way to remove or
circumvent any such TPM, nor apply or manufacture for sale or hire, import, distribute, sell or let for hire, SRH/SM/SM/573.4/502256.8 offer or expose for sale
or hire, advertise for sale or hire or have in your possession for private or commercial purposes any means the sole intended purpose of which is to facilitate
the unauthorised removal or circumvention of such TPM.
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