Clear-Com BS850 (Last time buy) - Manual (Page 46)

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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.