SciCan STATIM 2000 G4 Manuel De L'utilisateur page 54

SCICAN SOFTWARE PRODUCT LICENSE
This SciCan Software Product Agreement is made as of the date of delivery ("Effective Date") to Customer of
the equipment containing the SciCan Software Product (the "SciCan Equipment") by and between SciCan Ltd.,
1440 Don Mills Road, 2nd Floor, Toronto, Canada, M3B 3P9 ("SciCan") and the purchaser or lessee of the SciCan
Equipment and each of its end users (collectively, "Customer"). "SciCan Software Product" means all SciCan
proprietary software contained in the SciCan Equipment.
This SciCan Software Product License constitutes the entire agreement ("Agreement") between SciCan and the
Customer concerning Customer's use of the SciCan Software Product. No purchase order which purports to modify
or supplement this Agreement will add to or vary the terms of this Agreement even if signed or initialed by SciCan.
ARTICLE 1
INTERPRETATION
1.1 Definitions
(a) "Affiliate" will mean any affiliated entity, which Controls, is Controlled by, or is under common Control with
Customer.
(b) "Confidential Information" will mean non-public, commercially sensitive information of each of the parties and, in
the case of SciCan, the SciCan Software Product, Updates, Documentation, and all SciCan information which is
marked as confidential or proprietary at the time of disclosure.
(c) "Control" will mean the possession, directly or indirectly, of the power to direct or cause the direction of the
management and operating policies of an entity through the ownership of voting securities (at least fifty-one
percent (51%) of its voting or equity securities), contract, voting trust, or otherwise.
(d) "Documentation" will mean the user manuals relating to the use of the SciCan Software Product and the SciCan
Equipment delivered with the SciCan Equipment.
(e) "SciCan Licensors" will mean third parties which have granted SciCan distribution rights with respect to their
software.
(f) "Updates" will mean modifications made by SciCan to the SciCan Software Product that SciCan generally makes
available at no additional charge to its customers who are current subscribers for support services and who are
current in payment of support services fees, if any. Updates become part of the SciCan Software Product for
purposes of this Agreement.
ARTICLE 2
LICENSE
2.1 License Grant
Subject to the terms and conditions of this Agreement, SciCan grants Customer a perpetual, fully paid, non-exclusive,
and non-transferable license to use the SciCan Software Product, solely at Customer's site, solely in connection with
the operation of the SciCan Equipment for Customer's internal business purposes.
ARTICLE 3
LICENSE RESTRICTIONS
3.1 Restrictions
Except as expressly authorized herein, Customer will not engage in or permit any:
(a) copying or modification of the SciCan Software Product or Documentation;
(b) reverse engineering, decompilation, translation, disassembly, or discovery of the source code of all or any portion
of the SciCan Software Product;
(c) distribution, disclosure, marketing, rental, leasing or service bureau use or transfer to any third party of the SciCan
Software Product or the Documentation, except as part and parcel of the sale of the SciCan Equipment containing
the SciCan Software Product;
(d) disclosure of the results of SciCan Equipment or SciCan Software Product performance benchmarks to any third
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