Spectra Precision FAST Survey - Manual (Página 3)

plicable law prohibits or restricts such restrictions);
or (f) publicly disseminate performance information
or analysis (including, without limitation, bench-
marks) from any source relating to the Software. If
the Software has been provided to you as embedded
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Software has been: (i) provided to you separately
from a hardware device but is intended to be loaded
onto a hardware device specified by Licensor (such
as a firmware update or other Software programs that
are designed for use on a specific hardware device
such as surveying software), or (ii) provided to you
pre- loaded onto a specific hardware device, your li-
cense is limited to use of the Software on the device
specified by Licensor, and for no other use.
2.5.Evaluation Software. Subject to the terms and
conditions of this Agreement and during the term of
this Agreement, Licensor may, in its discretion, pro-
vide you with pre-release, beta or other software on
an evaluation basis (“Evaluation Software”). You
may use Evaluation Software solely for internal eval-
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in writing) (the “Evaluation Period”). Unless you pay
the applicable license fee for the Software, the Eval-
uation Software may become inoperable and, in any
event, your right to use the Evaluation Software auto-
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Evaluation Software shall be subject to all restric-
tions on Software set forth in this Agreement. You
shall treat all Evaluation Software as Confidential In-
formation of Licensor and shall return or destroy any
copies of Evaluation Software upon expiration of the
applicable Evaluation Period. Any and all sugges-
tions, reports, ideas for improvement and other feed-
back of any type you provide regarding the Evaluation
Software are the sole property of Licensor, and Licen-
sor may use such information in connection with any
of its products or services without any obligation or
restriction based on intellectual property rights or
otherwise. You acknowledge that all Evaluation Soft-
ware is provided “AS IS” and may not be functional
on any machine or in any environment. THE WAR-
RANTIES OF SECTION 6 DO NOT APPLY TO EVAL-
UATION SOFTWARE. LICENSOR AND ITS
SUPPLIERS DISCLAIM ALL WARRANTIES RELAT-
ING TO THE EVALUATION SOFTWARE, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE OR NON-INFRINGEMENT.
2.6.Internet-Based Services Components. Licensor
or its Suppliers or both, may provide internet-based
services with the Software which are used to transfer
files between a hardware device, Software and/or
your personal computer which is used in connection
with a hardware device provided by Licensor. Licen-
sor or its Suppliers may change or cancel such ser-
vices at any time. Your use of the Internet-based
services will result in your consent to the transmis-
sion of information, with or without a separate notice
of connection, between Licensor, Licensor’s Suppli-
er’s, or either of their service provider computer sys-
tems over the Internet.
3.Ownership
Notwithstanding anything to the contrary contained
herein, except for the limited license rights expressly
provided herein, Licensor and its suppliers have and
will retain all rights, title and interest (including,
without limitation, all patent, copyright, trademark,
trade secret and other intellectual property rights) in
and to the Software and all copies, modifications and
derivative works thereof (including any changes
which incorporate any of your ideas, feedback or sug-
gestions). You acknowledge that you are obtaining
only a limited license right to the Software and that
irrespective of any use of the words “purchase”,
“sale” or like terms hereunder no ownership rights
are being conveyed to you under this Agreement or
otherwise.
4.Payment
You shall pay all fees associated with the Software li-
censed and any services purchased hereunder as set
forth in the applicable Order Form. All payments
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Except as expressly set forth herein, all fees are non-
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of the amount due or the maximum amount allowed
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5.Term of Agreement
5.1.Term. This Agreement is effective as of the Ef-
fective Date and expires at such time as all license
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deed, creditors arrangement, composition or compa-
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tuted against such party (and not dismissed within
sixty (60) days)). If you have entered into a separate
written agreement with Licensor which governs the
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tion is not an exclusive remedy and the exercise by
either party of any remedy under this Agreement will
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have under this Agreement, by law, or otherwise. For
clarity, even if you have entered into an Order Form
with a Licensor distributor or reseller, Licensor is a
third party beneficiary to that Order Form and has the
right to terminate this Agreement as set forth in this
Section 5 (Term of Agreement).
5.2.Termination. Upon any expiration or termination
of this Agreement, you shall cease any and all use of
any Software and Evaluation Software and destroy all
copies thereof and so certify to Licensor in writing.
5.3.Survival. Sections 2.4 (License Restrictions), 3
(Ownership), 4 (Payment), 5 (Term of Agreement),
6.3 (Disclaimer of Warranties), 9 (Limitation of Rem-
edies and Damages), 10 (Confidential Information),
11 (Export Compliance) and 12 (General) shall sur-
vive any termination or expiration of this Agreement.
6.Limited Warranty and Disclaimer
6.1.Limited Warranty. Licensor warrants to you that
for a period of ninety (90) days from the Effective
Date (the “Warranty Period”) the Software shall oper-
ate in substantial conformity with the Documenta-
tion. Licensor does not warrant that your use of the
Software will be uninterrupted or error-free or that
any security mechanisms implemented by the Soft-
ware will not have inherent limitations. Licensor’s