Clear-Com BS850 (Last time buy) - Manual (Page 5)

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f) Software Transfer. The initial licensee of the SOFTWARE PRODUCT may make a one-time
permanent transfer of this AGREEMENT and SOFTWARE PRODUCT only directly to an end
user. This transfer must include all of the SOFTWARE PRODUCT (including all component
parts, the media and printed materials, any upgrades, this AGREEMENT, and, if applicable, the
Certificate of Authenticity). Such transfer may not be by way of consignment or any other indirect
transfer. The transferee of such one-time transfer must agree to comply with the terms of this
AGREEMENT, including the obligation not to further transfer this AGREEMENT and/or
SOFTWARE PRODUCT.
g) Termination.
Without prejudice to any other rights, HME may terminate this AGREEMENT if
you fail to comply with the terms and conditions of this AGREEMENT. In such event, you must
destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
3) UPGRADES. If the SOFTWARE PRODUCT is labeled as an upgrade, you must be properly
licensed to use a product identified by HME as being eligible for the upgrade in order to use the
SOFTWARE PRODUCT. A SOFTWARE PRODUCT labeled as an upgrade replaces and/or
supplements (and may disable) the product that formed the basis for your eligibility for the upgrade.
You may use the resulting upgraded product only in accordance with the terms of this AGREEMENT.
If the SOFTWARE PRODUCT is an upgrade of a component of a package of software programs that
you licensed as a single product, the SOFTWARE PRODUCT may be used and transferred only as
part of that single product package, and may not be separated for use on more than one COMPUTER.
4) COPYRIGHT.
All title and copyrights in and to the SOFTWARE PRODUCT (including but not
limited to its code, appearance, structure, organization along with any documents, forms, text, and
images incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any
copies of the SOFTWARE PRODUCT are owned by HME or its suppliers. All title and intellectual
property rights in and to the content that may be accessed through use of the SOFTWARE
PRODUCT are the property of the respective content owner and may be protected by applicable
copyright or other intellectual property laws and treaties. This AGREEMENT grants you no rights to
use such content. If this SOFTWARE PRODUCT contains documentation that is provided only in
electronic form, you may print one copy of such electronic documentation. You may not copy the
printed materials accompanying the SOFTWARE PRODUCT.
5) BACKUP
COPY. After installation of one copy of the SOFTWARE PRODUCT pursuant to this
AGREEMENT, you may keep the original media on which the SOFTWARE PRODUCT was provided
by HME solely for backup or archival purposes. If the original media is required to use the
SOFTWARE PRODUCT on the COMPUTER, you may make one copy of the SOFTWARE
PRODUCT solely for backup or archival purposes. Except as expressly provided in this
AGREEMENT, you may not otherwise make copies of the SOFTWARE PRODUCT or the printed
materials accompanying the SOFTWARE PRODUCT.
6) EXPORT
RESTRICTIONS. You agree that you will not export or re-export the SOFTWARE
PRODUCT, any part thereof, or any process or service that is the direct product of the SOFTWARE
PRODUCT (the foregoing collectively referred to as the “Restricted Components”), to any country,
person or entity subject to U.S. export restrictions. You specifically agree not to export or re-export
any of the Restricted Components (i) to any country to which the U.S. has embargoed or restricted
the export of goods or services, which currently include, but are not necessarily limited to Cuba, Iran,
Iraq, Libya, North Korea, Sudan and Syria, or to any national of any such country, wherever located,
who intends to transmit or transport the Restricted Components back to such country; (ii) to any
person or entity who you know or have reason to know will utilize the Restricted Components in the
design, development or production of nuclear, chemical or biological weapons; or (iii) to any person or
entity who has been prohibited from participating in U.S. export transactions by any federal agency of
the U.S. government. You warrant and represent that neither the BXA nor any other U.S. federal
agency has suspended, revoked or denied your export privileges.
7) NO
LEGAL ADVICE. You agree and acknowledge that HME is not engaged in rendering legal,
accounting, or other professional advice. If legal advice or other expert assistance is required, the
services of a competent professional person should be sought. Any sample documents included with
the SOFTWARE PRODUCT are for illustration only and should not be used as the basis for any
transaction or advice.