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MPS II Manual
installed on more than one PC, and may not be used to process data captured by, or to
communicate with, more than one MPS Device (and that MPS Device must, unless agreed otherwise
by the Licensor in writing, be the one together with which the Software was provided to you).
2.
RESTRICTIONS
Except as expressly set out in this Licence or as permitted by any local law, you undertak e:
(a)
not to copy the Software or Documentation except where such copying is incidental to
normal use of the Software or where it is necessary for the purpose of back -up or operational
security, nor use the Software on more than one PC;
(b)
not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Software or
Documentation;
(c)
not to mak e alterations to, or modifications of, the whole or any part of the Software nor
permit the Software or any part of it to be combined with, or become incorporated in, any other
programs;
(d)
not to disassemble, de-compile, reverse engineer or create derivative work s based on the
whole or any part of the Software nor attempt to do any such things except to the extent that (by
virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be
prohibited because they are essential for the purpose of achieving inter-operability of the Software
with another software program, and provided that the information obtained by you during such
activities:
(i)
is used only for the purpose of achieving inter-operability of the Software with another
software program;
(ii)
is not disclosed or communicated without the Licensor's prior written consent to any third
party to whom it is not necessary to disclose or communicate it; and
(iii)
is not used to create any software which is substantially similar to the Software;
(e)
to ensure that any licence k ey we provide to you is k ept confidential and is not disclosed to
any third party;
(f)
to k eep all copies of the Software secure and to maintain accurate and up-to-date records of
the number and locations of all copies of the Software;
(g)
to supervise and control use of the Software and ensure that the Software is used by your
employees and representatives in accordance with the terms of this Licence;
(h)
to include our copyright notice on all entire and partial copies of the Software in any form;
(i)
not to provide, or otherwise mak e available, the Software in any form, in whole or in part
(including, but not limited to, program listings, object and source program listings, object code and
source code) to any person, other than your employees, without prior written consent from us;
(j)
not to use the Software via any communications network or by means of remote access.
3.
INTELLECTUAL PROPERTY RIGHTS
3.1
You ack nowledge and agree that all intellectual property rights in the Software and the
Documentation throughout the world belong to us, that rights in the Software are licensed (not sold)
to you, and that you have no rights in, or to, the Software or the Documentation other than the right
to use them in accordance with the terms of this Licence.
3.2
You ack nowledge that you have no right to have access to the Software in source code form
or in unlock ed coding or with comments.
4.
LIMITED WARRANTY
4.1
We warrant that:
(a)
the media on which the Software is stored and distributed is (at the time it is supplied) free
from defects in design, material and work manship under normal use;
(b)
the Software will, when properly used and on an operating system for which it was designed,
perform substantially in accordance with the functions described in the Documentation; and
(c)
that the Documentation correctly describes the operation of the Software in all material
respects,
for a period of 90 days from the date of installation of the Software (Warranty Period). If a defect in
the media occurs during the Warranty Period, we will replace it free of charge if you return it to the
Licensor with (so far as you are able) a documented example of such defect or error.
4.2
If, within the Warranty Period, you notify us in writing of any defect or fault in the Software as
a result of which it fails to perform substantially in accordance with the Documentation, we will, at
our sole option, either repair or replace the Software, provided that you mak e available all the
information that may be necessary to help us to remedy the defect or fault, including sufficient
© 2013 Elektron Technology UK Ltd.
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