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Software license agreement – NavCom Sapphire Rev.J User Manual

Page 397

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Sapphire Technical Reference Manual Rev. J

397

B .................................................................. Software License Agreement

Software License Agreement for NavCom Technology, Inc.

GNSS StarFire™

Receiver

IMPORTANT

– READ CAREFULLY: THIS SOFTWARE LICENSE AGREEMENT IS A LEGAL

CONTRACT BETWEEN YOU AND THE LICENSOR ("

Licensor

") IDENTIFIED BELOW AND

GOVERNS YOUR USE OF THE

NavCom Technology GNSS StarFire™ Receiver

(THE

"

Receiver

"). AN ADDITIONAL END-

USER LICENSE AGREEMENT (“EULA”) IS REQUIRED

FOR USE OF THE STARFIRE™ GPS CORRECTIONS SERVICE.

BY ACTIVATING OR OTHERWISE USING THE Receiver, YOU ARE ACCEPTING AND
AGREEING TO THE TERMS OF THIS LICENSE AGREEMENT WITH RESPECT TO THE
SOFTWARE (THE "

Software

") THAT HAS BEEN PRE-INSTALLED ON YOUR

Receiver or

provided by NavCom Technology, Inc.

YOU AGREE THAT THIS SOFTWARE LICENSE

AGREEMENT, INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY
AND TERMINATION PROVISIONS BELOW, IS BINDING UPON YOU, AND UPON ANY
COMPANY ON WHOSE BEHALF YOU USE THE Software, AS WELL AS THE EMPLOYEES
OF ANY SUCH COMPANY (COLLECTIVELY REFERRED TO AS "YOU" IN THIS SOFTWARE
LICENSE AGREEMENT). IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT,
OR IF YOU ARE NOT AUTHORIZED TO ACCEPT THESE TERMS ON BEHALF OF YOUR
COMPANY OR ITS EMPLOYEES, PLEASE DISCONTINUE ACTIVATION OR USE OF THE
Receiver. THIS LICENSE AGREEMENT REPRESENTS THE ENTIRE AGREEMENT
CONCERNING THE

Software

BETWEEN YOU AND THE Licensor AND IT REPLACES ANY

PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING BETWEEN YOU AND THE

Licensor

.

1. Description of Software. Your RECEIVER comes with all Software pre-installed or on the

memory device accompanying the RECEIVER or if Software is purchased separately from
the RECEIVER it is delivered on a memory device shipped pursuant to such separate
purchase. License fees for your use of some features of the Software are included in the
purchase price for the RECEIVER when purchased with the RECEIVER. License fees for
Software purchased separately from the RECEIVER must be paid for separately. Use of
other features of the Software requires an additional payment of license fees, for which you
will receive an activation license (“Activation License”) that, when entered into the
RECEIVER

– following the instructions supplied in the User Manual(s) – will make those

features operational. You are responsible for maintaining the confidentiality of all Activation
Licenses and will not disclose them to any third party or permit any third party to use them
without paying the applicable license fees.

2. License. Licensor hereby grants to you, and you accept, a non-exclusive license to use the

Software in machine-readable, object code form, only as authorized in this License
Agreement and the applicable provisions of the User Manual(s), which you agree to review
carefully prior to using the Software. The Software may be used only on the RECEIVER in
which it was initially installed or for which it was initially purchased; or, in the event of the
inoperability of that RECEIVER, on a replacement RECEIVER provided to you by an
authorized dealer pursuant to the Limited Warranty of Section 5. You agree that you will not
assign, sublicense, transfer, pledge, lease, rent, or share your rights under this License
Agreement, except that you may permanently transfer all of your rights under this License
Agreement in connection with the sale of the RECEIVER on which the Software covered by
this Agreement is installed. Please consult the Open Source Software License appendix for