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NavCom SF-3050 Rev.I User Manual

Page 161

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SF-3050 GNSS Product User Guide

– Rev I

F-142

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 further information concerning additional licenses, rights,
or responsibilities associated with any Open Source Software components which may be
included with this Software.

3.

Licensor's Rights. You acknowledge and agree that the Software is proprietary to

Licensor and is protected under copyright law. You further acknowledge and agree that
all right, title, and interest in and to the Software, including associated intellectual property
rights, are and shall remain with Licensor. This License Agreement does not convey to
you any title or interest in or to the Software, but only a limited right of use revocable in
accordance with the terms of this License Agreement. You agree that you will not: (a)
reverse assemble, reverse compile, modify, or otherwise translate the Software, or
attempt to defeat the copyright protection and application enabling mechanisms therein;
(b) copy or reproduce the Software; or, (b) remove or obliterate any copyright, trademark
or other proprietary rights notices from the Software. You also agree not to permit any
third party acting under your control to do any of the foregoing.

4.

License Fees. The license fees paid by you are paid in consideration of the

licenses granted under this License Agreement..

5.

Limited Warranty. Licensor warrants, for your benefit alone and not for the benefit

of any other party, that during the "Warranty Period" defined below, the Software will
operate substantially in accordance with the applicable functional specifications
("Specifications") set forth in the User Manual(s). If, prior to expiration of the Warranty
Period, the Software fails to perform substantially in accordance with the Specifications,
you may return the RECEIVER to the place of purchase for repair or replacement of the
non-performing Software. As used in this Agreement, the "Warranty Period" is 12 months
from the date you take delivery of the Receiver.

6.

DISCLAIMER OF WARRANTIES. YOU HEREBY AGREE THAT THE LIMITED

WARRANTY PROVIDED ABOVE (THE "Limited Warranty") CONSTITUTES YOUR
SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEM WHATSOEVER WITH THE
Software. EXCEPT AS PROVIDED IN THE LIMITED WARRANTY, THE Software IS
LICENSED “AS IS,” AND LICENSOR, ITS AFFILIATES AND THIRD PARTY
SUPPLIERS EXPRESSLY DISCLAIM AND YOU EXPRESSLY WAIVE, RELEASE AND
RENOUNCE ALL WARRANTIES ARISING BY LAW OR OTHERWISE WITH RESPECT
TO THE Software, INCLUDING, BUT NOT LIMITED TO: ANY IMPLIED WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; ANY IMPLIED
WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING
OR TRADE USAGE; ANY WARRANTY OF TITLE OR NON-INFRINGEMENT; AND, ANY
OTHER WARRANTY ARISING UNDER ANY THEORY OF LAW, INCLUDING TORT,
NEGLIGENCE, STRICT LIABILITY, CONTRACT OR OTHER LEGAL OR EQUITABLE
THEORY. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT INCLUDING,
BUT NOT LIMITED TO, STATEMENTS REGARDING SUITABILITY FOR USE, SHALL
BE DEEMED TO BE A WARRANTY BY LICENSOR OR ANY OF ITS AFFILIATES OR
THIRD PARTY SUPPLIERS. LICENSOR DOES NOT WARRANT THAT THE Software
IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION.

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