Seiwa Si-Tex Vector 3D GPS - Manual (Page 49)

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End User License Agreement
IMPORTANT - This is an agreement (the "Agreement") between you, the end purchaser ("Licensee") and SI-TEX Marine
("SI-TEX") which permits Licensee to use the SI-TEX software (the "Software") that accompanies this Agreement. This Software
may be licensed on a standalone basis or may be embedded in a Product. Please read and ensure that you understand this Agreement
before installing or using the Software Update or using a Product.
In this agreement any product that has Software embedded in it at the time of sale to the Licensee shall be referred to as a "Product". As
well, in this Agreement, the use of a Product shall be deemed to be use of the Software which is embedded in the Product.
BY INSTALLING OR USING THE SOFTWARE UPDATE OR THE PRODUCT, LICENSEE THEREBY AGREES TO BE
LEGALLY BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, (I) DO NOT
INSTALL OR USE THE SOFTWARE, AND (II) IF YOU ARE INSTALLING AN UPDATE TO THE SOFTWARE, DO NOT
INSTALL THE UPDATE AND PROMPTLY DESTROY IT.
SI-TEX PROVIDES LIMITED WARRANTIES IN RELATION TO THE SOFTWARE. AS WELL, THOSE WHO USE THE
EMBEDDED SOFTWARE DO SO AT THEIR OWN RISK. YOU SHOULD UNDERSTAND THE IMPORTANCE OF THESE AND
OTHER LIMITATIONS SET OUT IN THIS AGREEMENT BEFORE INSTALLING OR USING THE SOFTWARE OR THE
PRODUCT.
1. LICENSE. SI-TEX hereby grants to Licensee a non-transferable and non-exclusive license to use the Software as embedded in a
Product and all Updates (collectively the "Software"), solely in binary executable form.
2. RESTRICTIONS ON USE. Licensee agrees that Licensee and its employees will not directly or indirectly, in any manner
whatsoever:
a.
install or use more copies of the Software than the number of copies that have been licensed;
b. use or install the Software in connection with any product other than the Product the Software was intended to be used or
installed on as set out in the documentation that accompanies the Software.
c. copy any of the Software or any written materials for any purpose except as part of Licensee's normal backup processes;
d. modify or create derivative works based on the Software;
e. sub-license, rent, lease, loan or distribute the Software;
f. permit any third party to use the Software;
g. use or operate Product for the benefit of any third party in any type of service outsourcing, application service, provider
service or service bureau capacity;
h. reverse engineer, decompile or disassemble the Software or otherwise reduce it to a human perceivable form;
i.
Assign this Agreement or sell or otherwise transfer the Software to any other party except as part of the sale or transfer of the
whole Product.
3. UPDATES. At SI-TEX's discretion SI-TEX may make Updates available to Licensee. An update ("Update") means any update to
the Software that is made available to Licensee including error corrections, enhancements and other modifications. Licensee may
access, download and install Updates during the Warranty Period only. All Updates that Licensee downloads, installs or uses shall
be deemed to be Software and subject to this Agreement. SI-TEX reserves the right to modify the Product without any obligation
to notify, supply or install any improvements or alterations to existing Software.
4. SUPPORT. SI-TEX may make available directly or through its authorized dealers telephone and email support for the Software.
Contact SI-TEX to find the authorized dealer near you. As well, SI-TEX may make available user and technical documentation
regarding the Software. SI-TEX reserves the right to reduce and limit access to such support at any time.
5. BACKUPS AND RECOVERY. Licensee shall back-up all data used, created or stored by the Software on a regular basis as
necessary to enable proper recovery of the data and related systems and processes in the event of a malfunction in the Software or
any loss or corruption of data caused by the Software. Licensee shall assume all risks of loss or damage for any failure to comply
with the foregoing.
6. OWNERSHIP. The Licensee understands that the Licensee does NOT own rights, title and interest in and to the Software and
related materials, including intellectual property rights. The Software is licensed to Licensee, not sold.
7. TRADEMARKS. "SI-TEX” and the associated logos are trademarks of SI-TEX. Other trademarks are the property of their
respective owners. Licensee may not use any of these trademarks without the consent of their respective owners.
8. LIMITED WARRANTY. SI-TEX warrants solely to the Licensee, subject to the exclusions and procedures set forth herein
below, that for a period of two (2) years from the original date of purchase of the Product in which it is embedded (the "Warranty
Period"), the Software, under normal use and maintenance, will conform in all material respects to the documentation provided
with the Software and any media will be free of defects in materials and workmanship. For any Update, SI-TEX warrants, for 90
days from performance or delivery, or for the balance of the original Warranty Period, whichever is greater, that the Update, under
normal use and maintenance, will conform in all material respects to the documentation provided with the Update and any media
will be free of defects in materials and workmanship. Notwithstanding the foregoing, SI-TEX does not warrant that the Software
will meet Licensee's requirements or that its operation will be error free.
9. WARRANTY EXCLUSIONS. The warranty set forth in Section (8) will not apply to any deficiencies caused by (a) the Product
not being used as described in the documentation supplied to Licensee, (b) the Software having been altered, modified or
converted in any way by anyone other than SI-TEX or approved by SI-TEX, (c) any malfunction of Licensee's equipment or
other software, or (d) damage occurring in transit or due to any accident, abuse, misuse, improper installation, lightning (or other