Nikon MOTORMESH 4300 - Manual (Page 49)

MOTOMESH DUO 2.0 4300 Users Guide
July 2007
4-3
including machine-readable form, and you agree to reproduce such notice in each form in
which it appears, to the extent it is physically possible to do so. Unauthorized duplication
of the Software or Documentation constitutes copyright infringement and in the United
States is punishable in federal court by fine and imprisonment.
3.5 You shall not export, re-export, resell, ship or divert or cause to be exported, re-
exported, resold, shipped or diverted, directly or indirectly, the Products under this
Agreement.
4. TITLE; RESTRICTIONS. If you transfer possession of any copy of the Products to
another party outside of the terms of this agreement, your license is automatically
terminated. Title and copyrights to the Products and any copies made by you remain with
Motorola and its licensors. You shall not, and shall not permit others to: (1) modify,
translate, decompile, bootleg, reverse engineer, disassemble, or extract the inner workings
of the Software or Documentation, (2) copy the look-and-feel or functionality of the
Software or Documentation; (3) remove any proprietary notices, marks, labels, or logos
from the Software or Documentation; (4) rent or transfer all or some of the Software or
Documentation to any other party without Motorola’s prior written consent; or (5) utilize
any computer software or hardware which is designed to defeat any copy protection device,
should the Products be equipped with such a protection device. If the Products contain
Software or Documentation that is provided on multiple types of media (such as diskette,
CD-ROM, downloadable internet), then you shall only use the medium which best meets
your specific needs, and shall not loan, rent, lease, or transfer the other media contained in
the package without Motorola’s written consent. Unauthorized copying of the Software or
Documentation, or failure to comply with any of the provisions of this Agreement, will
result in automatic termination of this license.
5. CONFIDENTIALITY. You acknowledge that all Products contain valuable
proprietary information and trade secrets and that unauthorized or improper use of the
Products will result in irreparable harm to Motorola for which monetary damages would
be inadequate and for which Motorola will be entitled to immediate injunctive relief.
Accordingly, you will limit access to the Products to those of your employees and agents
who need to use the Products for your internal business purposes, and you will take
appropriate action with those employees and agents to preserve the confidentiality of the
Products, using the same degree of care to avoid unauthorized or improper disclosure as
you use for the protection of your own proprietary software, but in no event less than
reasonable care.
Notwithstanding anything to the contrary herein, you shall have no obligation to preserve
the confidentiality of any proprietary information that: (i) was in the public domain at the
time of disclosure; (ii) entered the public domain through no fault of yours; (iii) was given
to you free of any obligation to keep it confidential; (iv) is independently developed by you;
or (v) is disclosed as required by law provided that you notify Motorola prior to such
disclosure and provide Motorola with a reasonable opportunity to respond.