Hypertherm V9 Series Phoenix Rev.11 - Manual (Page 35)

Safety and Compliance SC-35
Shrink-wrap License Agreement
ENTERING INTO THE LICENSE AGREEMENT SET FORTH BELOW (THE “LICENSE AGREEMENT”) GIVES YOU
THE RIGHT TO USE THE HYPERTHERM TECHNOLOGY AND RELATED SOFTWARE AND EMBODIED THEREIN
WITH HYPERTHERM HPR XD PLASMA SYSTEMS.
PLEASE READ THE LICENSE AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE.
YOUR RIGHT TO USE THE HYPERTHERM TECHNOLOGY AND RELATED SOFTWARE EMBODIED THEREIN IS
SUBJECT TO YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THE LICENSE
AGREEMENT. BY ACTIVATING YOUR CONTROL PLATFORM AND/OR RELATED SOFTWARE PLATFORM, YOU
ACKNOWLEDGE YOUR ACCEPTANCE OF THE LICENSE AGREEMENT AND REPRESENT THAT YOU ARE
AUTHORIZED TO ENTER INTO THE LICENSE AGREEMENT ON BEHALF OF LICENSEE. IF YOU DO NOT
AGREE TO THESE TERMS AND CONDITIONS, HYPERTHERM DOES NOT GRANT YOU THE RIGHT TO USE
THE HYPERTHERM TECHNOLOGY OR RELATED SOFTWARE.
1. Certain definitions: “Designated Hypertherm Patents” shall mean United States Patent Application Nos. 12/341,731,
12/466,786, and 12/557,920, including foreign equivalents, and any patents issuing therefrom; “Hypertherm Plasma
Systems” shall mean Hypertherm HPR XD plasma systems, including 130, 260 and 400 amp systems; “Hypertherm
Technology” shall mean Hypertherm’s proprietary hole cutting technology, including know-how, specifications,
inventions, methods, procedures, algorithms, software, programs, works of authorship and other information,
documentation and materials for use in programming and operating an automated high temperature thermal cutting
system; “Controller Platform” shall mean Hypertherm computer numerical controller and/or MTC software platform
supplied with this license; and “End User Customer(s)” shall mean an entity licensed to use the Hypertherm
Technology for such entity’s own internal business purposes and not for distribution to others.
2. The End User Customer shall be granted a non-exclusive, non-transferable, personal license, without the right to
sublicense, to use the Hypertherm Technology, for internal business purposes only, solely as incorporated within the
Controller Platform and solely for use in conjunction with Hypertherm Plasma Systems.
3. The End User Customer shall be granted a non-exclusive, non-transferable, personal, royalty-free license, without the
right to sublicense, under the Designated Hypertherm Patents solely to the extent necessary to enable the End User
Customer to exercise the rights granted under Paragraph 2, above. The License Agreement shall provide that, except
for the rights expressly granted to the End User Customer in the License Agreement, the license under the
Designated Hypertherm Patents shall not be deemed to grant any license or immunity for combining the Hypertherm
Technology with other items or for the use of such combination.
4. The licenses granted to the End User Customer under Paragraphs 2 and 3, above, shall expressly be made subject
to the following limitations and restrictions, and the End User Customer’s agrees that it shall not (and shall not permit
any third party to): (a) use or permit the use of the Hypertherm Technology in conjunction with any high temperature
thermal cutting systems other than Hypertherm Plasma Systems; (b) remove, alter or obscure any copyright,
trademark or other proprietary or restrictive notice or legend on or within the Hypertherm Technology; (c) disclose,
sublicense, distribute or otherwise make available the Hypertherm Technology to any third party or permit others to
use it; (d) provide timesharing, service bureau, data processing or other services to a third party whereby such third
party would obtain the benefits of the Hypertherm Technology for its own end-user purposes through the End User
Customer; (e) decompile, disassemble, or otherwise reverse engineer or attempt to deconstruct or discover any
source code or underlying ideas or algorithms of the Hypertherm Technology by any means whatsoever; (f) assign,
rent, lease, sell or otherwise transfer the Hypertherm Technology; or (g) modify or alter the Hypertherm Technology in
any manner whatsoever or create derivative works thereof.
5. The License Agreement shall provide that nothing therein shall be construed as granting the End User Customer any
right or license under any intellectual property right of Hypertherm or any of its licensors or suppliers by implication,
estoppel or otherwise, except as expressly set forth in the License Agreement.