End-user license agreement, Tactical software end-user license agreement – SENA Serial_IPTM Redirector 4.3 User Manual

Page 80

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Tactical Software End-User License Agreement

THIS TACTICAL SOFTWARE END USER LICENSE AGREEMENT (this “Agreement”) IS A BINDING
AGREEMENT BETWEEN TACTICAL SOFTWARE, LLC (“Tactical”) AND THE INDIVIDUAL, COMPANY,
ORGANIZATION OR OTHER ENTITY (“Licensee”) ACQUIRING THE LICENSE TO USE THE SOFTWARE
PRODUCT (AS DEFINED IN SECTION 1) PURSUANT TO THIS AGREEMENT. IN THE EVENT LICENSEE IS
AN ENTITY, LICENSEE AND THE INDIVIDUAL REVIEWING AND ACCEPTING THE TERMS OF THIS
AGREEMENT ON BEHALF OF LICENSEE, EACH REPRESENT AND WARRANT THAT SUCH INDIVIDUAL IS
AUTHORIZED TO ACT ON BEHALF OF LICENSEE TO REVIEW AND ACCEPT THIS AGREEMENT AND TO
BIND LICENSEE TO THE TERMS AND CONDITIONS HEREOF. IF THE INDIVIDUAL REVIEWING THIS
AGREEMENT DOES NOT HAVE SUCH AUTHORITY, THEN THE SOFTWARE PRODUCT MAY NOT BE
INSTALLED OR USED BY LICENSEE.

BY INSTALLING OR OTHERWISE USING THIS SOFTWARE PRODUCT, LICENSEE AGREES TO BE BOUND
BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF LICENSEE DOES NOT AGREE TO ALL OF
THE TERMS AND CONDITIONS OF THIS AGREEMENT, LICENSEE MAY NOT CONTINUE THIS
INSTALLATION OR OTHER USE AND MUST DELETE ANY PORTION OF THE SOFTWARE PRODUCT
ALREADY INSTALLED, IF ANY.

1. LICENSE TYPE AND LICENSE GRANT

(a) Tactical grants to Licensee a non-exclusive, non-transferable, limited license for an evaluation period (the
“Evaluation Period”), the term of which shall be determined by Tactical, to use:

(i) the Tactical software installed or otherwise accessed by Licensee (the “Software Product”) for internal
evaluation of the Software Product only; and

(ii) the documentation accompanying the Software Product (the “Documentation”).

Such Evaluation Period shall begin on the day the Software Product is installed.

(b) Upon Tactical’s receipt of the applicable license fee for the Software Product, Tactical grants to Licensee
a non-exclusive, non-transferable license, for the applicable license term (the “License Term”) set forth in the
License Certificate (as defined below), to use:

(i) the Software Product for internal use only; and

(ii) the Documentation.

The type of license granted to Licensee and certain restrictions regarding Licensee’s use of the Software
Product are set forth on the License Certificate which Tactical sends to Licensee if Licensee elects to license the
Software Product (the “License Certificate”). The License Certificate is incorporate herein and is deemed to be a
part of this Agreement, and Licensee shall be bound by the restrictions set forth therein.

(c) The Software Product is being “used” on a computer when it is resident in memory (i.e., RAM) or when
the executable or other files of the Software Product are installed on the hard drive or other storage device of the
computer.

2. CERTAIN RESTRICTIONS

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