EXFO FG-750 - Manual (Page 5)

Copyright Information
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 2. PROPRIETARY RIGHTS
2.1 The Customer acquiring a license to the Software is granted only those rights expressly conferred by the license grant
set forth in Section 3 of this Agreement. The Software is licensed, not sold. Title to the Software and the Documentation
shall not be passed to Customer, Users or to any other party. EXFO shall retain ownership of all rights, titles and interests,
in and to the intellectual property rights related to the Software and the Documentation, including but not limited to,
patent, trademark, copyrights, trade names, trade secrets, other similar rights, and intellectual property rights that could
result from any alterations, attachments and improvements made by either party. Title in the Third Party Software or the
Open Source Software remains with the Third Party licensors, as applicable. Customer and Users shall not, remove or
modify any Software and Documentation markings or any notices of EXFO’s or its Third Party licensors’ proprietary rights.
 3. LICENSE GRANT
3.1 License Grant. Subject to the terms and conditions of this Agreement, EXFO grants to Customer a personal,
non-sublicensable, non-transferable and non-exclusive license to have Users install and use the Software in accordance
with the Documentation and solely within Customer's own personal or business operations, as the case may be. EXFO’s
license grant is conditioned on Customer continuous compliance with all limitations and license restrictions described
herein and in the Documentation and if Customer violates any of these limitations and restrictions or any other terms of
this Agreement, the license grant will automatically and immediately terminate without notice from EXFO. Any usage of
the Software outside one of the following scopes constitutes an infringement of EXFO’s and/or its Third Party licensor’s
intellectual property and/or proprietary rights as well as a material breach of this Agreement.
3.1.1 Standard. The license grant of section 3.1 is granted solely to install the Software on either (i) one (1) EXFO
designated Product; (ii) one (1) stand-alone computer; or (iii) one (1) mobile device, neither of which may be connected
to a network in a manner that allows more than one (1) User to upload, access, run or generally use the Software
concurrently.
3.1.2 Simulator Multi-User. In the case of Simulator Products, the license grant of section 3.1 is granted solely to use the
Software in connection with one (1) EXFO designated Simulator Product and multiple Users may upload, access, run or
generally use the Software concurrently subject to the hardware capabilities of the Simulator Product purchased by the
Customer.
Notwithstanding anything to the contrary herein, Users may customize or modify the Software standard package to meet
Customer’s specific needs as allowed by the script environment.
3.1.3 Server Access. For any Software that allows access to a server (namely but not limited to EXFO Connect Software)
the license grant of section 3.1 is granted solely for the purpose of accessing the server that enables administration of
User accounts and performs services as specified in the Documentation, such as data storage. Customer shall use the
Software only with one (1) stand-alone EXFO Product and shall be responsible for the administration of the Users
accounts and the Users’ use of the Software. The Users may use the Software on behalf of the Customer for Customer’s
internal business activities as described in section 3.1 above, subject to the terms of this Agreement. The Customer shall
purchase the number of subscription licenses necessary for each User accessing the server at any one time. Unless
otherwise agreed in writing, the license grant is limited to a period of 1 year.
3.1.4 Service Assurance Licensed Hardware. In the case of Service Assurance Products, the license grant of section 3.1 is
granted solely to use the BrixWorx system (including where applicable other Service Assurance applications) in
connection with the maximum number of verifier agents purchased by the Customer and identified by a verifier key
provided by EXFO.
3.2 Copies. Unless otherwise agreed in writing, Customer may, when applicable with the type of Software, only make one
(1) copy of the Software for backup and disaster recovery purposes provided that any copy or portion thereof must bear
the same proprietary and/or copyright notices contained in or on the original copy.
 4. LICENSE RESTRICTIONS
4.1 No right is granted (i) for the use of the Software for or in the interest of any Third Party, including, but not limited to,
use for timesharing, service bureau, subscription service, hosting, outsourcing or other similar services; (ii) to sell,
transfer, export, license or sublicense any of the Software; or (iii) to transmit the Software to any person outside
Customer's own business organization or personal use, as the case may be.
4.2 Customer shall not translate or create any derivative works based on the Software or Documentation or reverse
engineer, decompile, disassemble or decode in whole or in part the Software or the Product or derive any source code or
algorithms from the Software nor modify or alter the Software, the Product or the Documentation in any other manner
whatsoever.
4.3 Customer shall not copy or use the Software or Documentation for any purpose or in any manner not expressly
permitted in this Agreement.
4.4 Customer shall not remove or modify any program markings or any notice of EXFO’s or its Third Party licensors’
proprietary rights.
4.5 The validity of this Agreement is subject to the payment of all applicable license fees by Customer to EXFO indicated
in the applicable EXFO invoice, if any.