EXFO FG-750 - Manual (Page 6)

Copyright Information
vi FG-750
4.6 The Third Party Software provided to Customer is distributed under the terms of the license agreements associated
with that Third Party Software. Copies of these terms are included in the Documentation otherwise this Agreement shall
govern the use of any Third Party Software by Customer. EXFO may designate any Third Party licensors as a third party
beneficiary of this Agreement (the “Third Party Beneficiary”) solely with regards to the distribution of such Third Party
Software but this Agreement shall not be enforceable by the Third Party Beneficiary without a prior written agreement
duly executed with EXFO. NOTWITHSTANDING ANYTHING ELSE TO THE CONTRARY IN THIS AGREEMENT, EXFO
EXPRESSLY DISCLAIMS ANY WARRANTY, RESPONSIBILITY OR LIABILITY WITH REGARD TO THE THIRD PARTY
SOFTWARE, INCLUDING THE DOWNLOADING AND INSTALLATION, IF APPLICABLE.
4.7 Software may contain Open Source Software. Open Source Software is composed of a variety of individual software
components, each of which has its own copyright and its own applicable license conditions. Customer must review the
licenses within the individual packages to understand its rights under them. The licenses can be found in each Software
and/or the Documentation. NOTWITHSTANDING ANYTHING ELSE TO THE CONTRARY IN THIS AGREEMENT, EXFO
EXPRESSLY DISCLAIMS ANY WARRANTY, RESPONSIBILITY OR LIABILITY WITH REGARD TO OPEN SOURCE SOFTWARE.
4.8 The Software may use Google Analytics, an analytics service provided by Google, Inc. (“Google”) or any other similar
analytics services. Anonymous information may be collected about Customer’s use of the Software and such information
will be transmitted to and stored on Google or third party servers. This information will be used for the purpose of
compiling reports on the Software’s activity. This information may also be transferred to other parties where required to
do so by law, or where such parties process the information collected by the analytics services.
 5. RESERVED RIGHTS
5.1 Title in the Software remains with EXFO. Title in the Third Party Software and Open Source Software remains with the
Third Party providers.
5.2 EXFO reserves any rights not expressly granted in Section 3 and nothing in this Agreement constitutes a waiver of
EXFO’s rights under copyright laws or any other federal or state law or treaty. Without limiting the foregoing, EXFO
reserves the right to license the Software to others on such terms as EXFO may establish in its sole discretion.
5.3 EXFO reserves the right, in any way and without notice, to revise, not to revise, update or modify the Software, or the
information upon which the Software was based. Except as otherwise expressly
set forth in this Agreement, EXFO assumes no responsibility, for (i) protecting the Software against obsolescence; (ii)
providing any improvements to the Software; (iii) maintaining the Software; or (iv) providing other services with respect
to the Software.
 6. COOKIE AND PRIVACY POLICY
If the use of the Software allows connection to an EXFO Server, Customer and Users consent to EXFO’s collection, use
and disclosure of information associated with the Software solely in accordance with EXFO’s Cookie and Privacy Policy,
currently available at http://www.exfo.com/en/Cookie-and-Privacy-Policy/, as it may be updated by EXFO from time to
time.
 7. AUDIT
When applicable, EXFO reserves its right to verify, upon reasonable notice, Customer’s use of the Software in compliance
with the terms of this Agreement and audit all books and financial records related to such use. Customer agrees to pay
within 30 days of written notification any underpaid fees. If the Customer does not pay, EXFO can end Customer’s
support, licenses and this Agreement. EXFO shall have the right to disclose the result of such audit to its Third Party
Software licensors to the extent that such audit results in findings concerning such Third Party Software licensor.
 8. SUPPORT
EXFO shall only provide support for the Software to the extent set forth in a separate maintenance agreement or support
program, if any, between EXFO and Customer.
 9. CONFIDENTIAL INFORMATION
9.1 Customer shall hold the Software and the Documentation in strict confidence for the benefit of EXFO as confidential
information.
9.2 Customer shall not make any disclosure of the Software (including methods or concepts utilized in the Software) to
anyone other than its Users who have a need to know provided that Customer shall be responsible for the use of the
Software by its Users. Customer shall notify its Users of their confidentiality obligations with respect to the Software and
the Documentation and shall require its Users to comply with these obligations. The confidentiality obligations of
Customer and its Users shall survive the termination of Customer's licenses and rights granted under this Agreement.
9.3 Customer shall not disclose results of any Software or Product benchmark tests without EXFO’s prior written consent.
9.4 EXFO shall have the right to disclose, without Customer’s consent, the terms of this Agreement to EXFO’s Third Party
Software licensors.