Evolve Communications RD5000 - Manual (Page 67)

66 *Trademark
License Agreement
Software License Agreement
This End User Software License Agreement (“Agreement”) is between Evolve
Products, Inc. (“Licensor”) and you, the end user (“Licensee”).
1. Grant of License. Subject to the terms and conditions of this Agreement,
Licensor grants Licensee a non-exclusive, nonsublicenseable license to
use the software described below (“Software”). The Software is licensed
and not sold. Licensee acknowledges and agrees that the Software
contains trade secrets and other proprietary information of Licensor and
Licensor’s suppliers, and that Licensor and Licensor’s suppliers retain all
title to and, except as expressly and unambiguously licensed herein, all
right and interest in the Software and all intellectual property rights
worldwide therein. Software Description: The computer software, including
without limitation, the operating system, file system, graphics system, and
user applications embedded in, or subsequently downloaded to a remote
control device sold by Licensor (the “Device”).
2. Restrictions. Licensee may use the one copy of the Software embedded
in the Device. Licensee may not remove or in anyway disassemble the
Software contained in the Device. The Software is licensed as a single
product and may not be separated into its component parts for any reason
whatsoever. Licensee shall not (and shall not allow any third party to) (i)
decompile, disassemble, or otherwise reverse engineer (except to the
extent expressly permitted under applicable law) or attempt to reconstruct
or discover any of Licensor’s source code, underlying ideas, algorithms,
trade secrets or other proprietary information by any means whatsoever,
(ii) remove any product identification, copyright or other notices, or
(iii) provide, lease, lend, use for timesharing or service bureau purposes or
otherwise use or allow others to use the Software to or for the benefit of
third parties.
3. Termination. This Agreement is effective until terminated. This Agree-
ment will terminate automatically in the case of a breach of Section 2.
(Restrictions). Upon termination, Licensee shall immediately cease all use
of the Software and return or destroy all copies of the Software and all
portions thereof and so certify to Licensor. Except for the license and
except as otherwise expressly provided herein, the terms of the Agreement
shall survive termination. Termination is not an exclusive remedy and all
other remedies will be available whether or not the Agreement is termi-
nated.
4. No Government Use. Licensee represents that it is not a U.S. govern-
ment agency and it is not acquiring the license pursuant to a U.S.
government contract or with U.S. government funds; the license does not
authorize or allow use by, or funded by, any U.S. governmental entity.
License Agreement