American Dynamics AD2089 - Manual (Page 48)

Software License Agreement
40 AD2089 Operator’s Manual
Appendix D: Software License Agreement
By using the AD2089 software, you accept the terms and conditions of this license agreement.
Read this license agreement carefully.
1 General. Software is being licensed to the Customer pursuant to the following terms and
conditions, which supplement any purchase or lease agreement (the "Equipment Agreement")
between Customer and Sensormatic Electronics Corporation ("SEC"). By accepting receipt of,
or by using, such Software, the Customer agrees to be bound by the terms of this Software
License Agreement (the "License Agreement"). The term “Software” means all computer
programs, instructions, data and databases, in any form or on any media, supplied by SEC (or
its suppliers) to Customer and all current and future versions, revisions, updates, upgrades
and new releases thereof. Except as otherwise provided in this License Agreement, the terms
and conditions of the Equipment Agreement apply to the Software, the related technical and
user manuals ("Documentation") and the license provided herein.
2 License. SEC licenses the Software and the Documentation to Customer, for the license
fee(s) set forth (or included in the product prices set forth) in the Equipment Agreement and
subject to the terms and conditions of this License Agreement. The license is non-exclusive
and is limited by the terms of this License Agreement. Customer may not transfer the license
except to a party to whom the equipment is transferred and then only with the written consent
of SEC. The Software and Documentation are being licensed and not sold or leased to
Customer. SEC or its suppliers who have authorized SEC to sublicense certain of the Software
and Documentation retain ownership of the Software and Documentation. The Software is
being licensed for use only on (i) a single computer (A) owned or leased by Customer and
identified in the Equipment Agreement or (B) otherwise identified in the Documentation as
compatible with the Software, or (ii) a back-up machine if and so long as such computer
becomes temporarily inoperable.
3 Term. The term of the license is perpetual, except that it will terminate automatically if
Customer sells or otherwise disposes of the Software or its related equipment or Customer
breaches any provision of this License Agreement or the Equipment Agreement. If the license
terminates, SEC will have the right to take possession of all copies of the Software and
Documentation in the possession of Customer or to require Customer to destroy all such
copies and certify such destruction in writing to SEC.
4 Ownership. Customer agrees and acknowledges that (i) SEC (or its suppliers) is the sole
owner of the Software and Documentation (including all copies thereof, in whatever form or
media, delivered to or made by Customer) and all patent, copyright and other intellectual
property rights with respect thereto and (ii) the Software and Documentation constitute valuable
trade secrets, confidential information and proprietary properties of SEC and its suppliers.
Accordingly, Customer agrees that it will have no rights in the Software or Documentation other
than those granted under this License Agreement and agrees to abide by the restrictions on its
use of the Software and Documentation set forth in Section 5 of this License Agreement.
5 Use and Copies. Customer may use the Software and Documentation only in conjunction with
the other equipment identified in the Equipment Agreement, as part of the access control,
closed circuit television or other security system being acquired from SEC and for Customer's
internal business purposes. SEC will furnish the Software to Customer solely in object code
form.
Customer may make up to 2 copies of the Software solely for back-up and archival purposes.
Customer will not remove or modify the copyright and other proprietary notices and legends of
SEC and its suppliers contained in the Software and Documentation and will reproduce all such
notices and legends on all copies of the Software made by Customer. Customer may not make
copies of the Documentation, but may obtain additional copies of the Documentation from SEC
at its established rates. Except as permitted above, copying of the Software and
Documentation is forbidden.