Aviom Pro64 Network Manager - Manual (Page 158)

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Aviom. Licensee will ensure that all marks, notices or legends pertaining to the origin, identity or ownership
of the Software or the Documentation remain intact and clearly legible. Notwithstanding anything contained
in this Agreement to the contrary, if Licensee is located in the European Union and Licensee determines that
access to the source code to the Software is necessary to achieve interoperability of the Software with other
programs, then Licensee may reverse engineer the Software provided that: (a) Aviom has not already made
available to Licensee the information necessary to achieve interoperability; and (b) Licensee limits its reverse
engineering activities to those parts of the Software which are necessary to achieve interoperability with such
programs.
Copyright.
The Software and the Documentation contain proprietary material of Aviom and/or material (a)
that other software and/or information suppliers have licensed to Aviom for use in the Software. This
material is protected by copyright and other laws respecting proprietary rights. Aviom and/or its licensors
retain all rights in the Software and the Documentation, including (without limitation) all copyright and
other proprietary rights worldwide in all media. Licensee may not use all or any part of the Software or the
Documentation except as expressly permitted under this Agreement and under U.S. and/or other applicable
copyright laws.
While Licensee may make a reasonable number of copies of the Software and the (b)
Documentation solely for archival/back-up purposes, no part of the Software or the Documentation may
be used, reproduced or duplicated in any medium or format beyond the express terms of this Agreement
without prior written authorization from Aviom. Any use or reproduction not authorized by this Agreement is
prohibited and shall immediately terminate this Agreement.
Licensee acknowledges that the Software and the licensed materials therein are highly
(c)
proprietary in nature and that unauthorized copying, transfer or use may cause Aviom irreparable injury that
cannot be adequately compensated for by means of monetary damages. Licensee agrees that any breach
of this Agreement by Licensee may be enforced by Aviom by means of equitable relief (including, but not
limited to, injunctive relief) without the necessity of posting any bonds in addition to any other available
rights and remedies.
Termination 5.
.
Termination (a) . If Licensee: (i) makes or distributes, or fails to prevent others in its control
from making or distributing, copies of the Software or the Documentation (except as expressly permitted by
this Agreement) or modifications or derivations thereof; or (ii) breaches any provision of this Agreement,
then this Agreement shall terminate automatically.
Effect of Termination. Upon any termination of this Agreement, Licensee shall: (i) immediately discontinue
use of the Software and the Documentation; (ii) remove the Installation Software and the Documentation
from all of Licensee’s workstations; and (iii) delete and destroy all copies of the Software and the
Documentation in its possession or control. Sections 4, 5, 6, 7, 8(b) and 9 through 12 shall survive the
termination or expiration of this Agreement for any reason in accordance with their respective terms.
Disclaimer of Warranties 6.
. AVIOM LICENSES AND PROVIDES THE SOFTWARE AND
THE DOCUMENTATION TO LICENSEE ON AN “AS-IS” BASIS. AVIOM HEREBY DISCLAIMS
ANY AND ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE AND THE
DOCUMENTATION, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY,
TITLE AND NON-INFRINGEMENT.
Limitations of Liability 7.
.
General (a) . IN NO EVENT WILL AVIOM BE LIABLE FOR DAMAGES ARISING OUT
OF THE USE OR LICENSING OF THE SOFTWARE OR THE DOCUMENTATION OR ARISING