Novatel SUPERSTAR II OM-20000077 - Manual (Page 7)

SUPERSTAR II User Manual Rev 3 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 TO THE TERMS OF THIS
AGREEMENT, DO NOT INSTALL, COPY OR USE THE SOFTWARE PRODUCT.
1. License: NovAtel Inc. ("NovAtel") grants you a non-exclusive, non-transferable license (not a sale) to use
one copy of the enclosed NovAtel software on a single computer, and only with the product it was supplied
with. 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 either (a) make one copy of the software solely for backup or
archival purposes, the media of said copy shall bear labels showing all trademark and copyright notices
that appear on the original copy, or (b) transfer the software to a single hard disk provided you keep the
original solely for backup or archival purposes. 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.
4. 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.
5. 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.
6. Warranty: For 90 days from the date of shipment, NovAtel warrants that the media (for example, compact