Novatel SMART ANTENNA - Manual (Page 7)

SMART ANTENNA User Manual Rev 6 7
Software License
Software License
BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE PRODUCT, YOU AGREE TO BE
BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS OF USE,
DO NOT INSTALL, COPY OR USE THIS ELECTRONIC PRODUCT (SOFTWARE, FIRMWARE, SCRIPT
FILES, OR OTHER ELECTRONIC PRODUCT WHETHER ON A CD OR AVAILABLE ON THE COMPANY
WEB SITE) (HEREINAFTER REFERRED TO AS "SOFTWARE").
1. License: NovAtel Inc. ("NovAtel") grants you a non-exclusive, non-transferable license (not a sale) to, where
the Software will be used on NovAtel supplied hardware or in conjunction with other NovAtel supplied
software, use the Software with the product(s) as supplied by NovAtel. You agree not to use the Software for
any purpose other than the due exercise of the rights and licences hereby agreed to be granted to you.
2. Copyright: NovAtel owns, or has the right to sublicense, all copyright, trade secret, patent and other
proprietary rights in the Software and the Software is protected by national copyright laws, international treaty
provisions and all other applicable national laws. You must treat the Software like any other copyrighted
material except that you may make one copy of the Software solely for backup or archival purposes (one copy
may be made for each piece of NovAtel hardware on which it is installed or where used in conjunction with
other NovAtel supplied software), the media of said copy shall bear labels showing all trademark and copyright
notices that appear on the original copy. You may not copy the product manual or written materials
accompanying the Software. No right is conveyed by this Agreement for the use, directly, indirectly, by
implication or otherwise by Licensee of the name of NovAtel, or of any trade names or nomenclature used by
NovAtel, or any other words or combinations of words proprietary to NovAtel, in connection with this
Agreement, without the prior written consent of NovAtel.
3. Patent Infringement: NovAtel shall not be liable to indemnify the Licensee against any loss sustained by it as the
result of any claim made or action brought by any third party for infringement of any letters patent, registered
design or like instrument of privilege by reason of the use or application of the Software by the Licensee or any
other information supplied or to be supplied to the Licensee pursuant to the terms of this Agreement. NovAtel
shall not be bound to take legal proceedings against any third party in respect of any infringement of letters
patent, registered design or like instrument of privilege which may now or at any future time be owned by it.
However, should NovAtel elect to take such legal proceedings, at NovAtel's request, Licensee shall co-operate
reasonably with NovAtel in all legal actions concerning this license of the Software under this Agreement taken
against any third party by NovAtel to protect its rights in the Software. NovAtel shall bear all reasonable costs
and expenses incurred by Licensee in the course of co-operating with NovAtel in such legal action.
Restrictions: You may not: (1) copy (other than as provided for in paragraph 2), distribute, transfer, rent, lease,
lend, sell or sublicense all or any portion of the Software; (2) modify or prepare derivative works of the
Software; (3) use the Software in connection with computer-based services business or publicly display visual
output of the Software; (4) transmit the Software over a network, by telephone or electronically using any
means; or (5) reverse engineer, decompile or disassemble the Software. You agree to keep confidential and use
your best efforts to prevent and protect the contents of the Software from unauthorized disclosure or use.
4. Term and Termination: This Agreement and the rights and licences hereby granted shall continue in force in
perpetuity unless terminated by NovAtel or Licensee in accordance herewith. In the event that the Licensee
shall at any time during the term of this Agreement: i) be in breach of its obligations hereunder where such
breach is irremediable or if capable of remedy is not remedied within 30 days of notice from NovAtel requiring
its remedy; or ii) be or become bankrupt or insolvent or make any composition with its creditors or have a
receiver or manager appointed of the whole or any part of its undertaking or assets or (otherwise as a solvent
company for the purpose of and followed by an amalgamation or reconstruction hereunder its successor shall
be bound by its obligations hereunder) commence to be wound up; or iii) be acquired or otherwise come under
the direct or indirect control of a person or persons other than those controlling it, then and in any event
NovAtel may forthwith by notice in writing terminate this Agreement together with the rights and licences
hereby granted by NovAtel. Licensee may terminate this Agreement by providing 30 days prior written notice
to NovAtel. Upon termination, for any reasons, the Licensee shall promptly, on NovAtel's request, return to
NovAtel or at the election of NovAtel destroy all copies of any documents and extracts comprising or containing
the Software. The Licensee shall also erase any copies of the Software residing on Licensee's computer
equipment. Termination shall be without prejudice to the accrued rights of either party, including payments
due to NovAtel. This provision shall survive termination of this Agreement howsoever arising.