Leica Biosystems PELORIS_PELORIS II - Manual (Page 4)

Leica PELORIS™ User Manual Rev K © Leica Biosystems Melbourne Pty Ltd 2011 4
Software Licence Terms
1 Defined terms & interpretation
1.1 Defined terms
In this agreement:
“Leica Microsystems” includes Vision BioSystems Pty Ltd ACN 008 582 401, prior to changing its company name, and Leica
Biosystems Melbourne Pty Ltd ACN 008 582 401 after changing its name.
“Confidential Information” means all information:
(a) treated by Leica Microsystems as confidential or of its nature confidential; and
(b) disclosed by Leica Microsystems to the Licensee or of which the other party becomes aware,
except information:
(c) the other party creates independently of Leica Microsystems; or
(d) that is public knowledge (otherwise than as a result of a breach of confidentiality by the Licensee or any of its
permitted disclosees).
“Designated Computer” means the computer or microprocessor controlled unit supplied by Leica Microsystems to the
Licensee under the Supply Agreement or otherwise recommended for use by Leica Microsystems.
“Documentation” means the manuals, user documentation, proprietary notices, product catalog, website notices and bulletins
generally supplied by Leica Microsystems with or relating to the Software.
“Effective Date” means the date the Goods, as defined in the Supply Agreement, are delivered by Leica Microsystems.
“Intellectual Property” means all existing and future intellectual property rights including:
(e) patents, copyright (including all copyright and software), software and associated documentation including the
specific design and structure of individual programs, registered designs, trade marks, proprietary documentation and
notices, and any right to have information or know-how kept confidential; and
(f) any application or right to apply for registration of any of the rights referred to in paragraph (e) above.
“Licensee” means the Purchaser or lessee of the Goods containing the Software, or, where the Licensee is a distributor of the
Goods containing the Software, the end user of the Goods containing the Software.
“Licensor IP” means all Intellectual Property relating to:
(a) the Software and Documentation;
(b) any modifications, upgrades, new versions or new releases of the materials referred to in paragraph (a) above; and
(c) other works created by Leica Microsystems in the course of, or as a result of, performing this Agreement.
“Release” means each release of a new Version of the Software.”
“Software” means any program, firmware or electronic files that provides instructions or data to a computer or
microprocessor and, shall for the purposes of this agreement, include original versions, modified versions, upgrades, updates,
bug fixes, and backup copies.
“Supply Agreement” means the agreement between the Licensee and Leica Microsystems, or where the Licensee is not a
direct customer of Leica Microsystems, between Leica Microsystems’ distributor and Leica Microsystems, for the sale, lease or
use of the Goods.
“Third Party Material” means any Material owned by a third party that is not a Related Body Corporate (as that term is
defined in the Corporations Act 2001 (Cth)) of Leica Microsystems.
1.2 Other definitions
In this agreement, “Goods”, “Purchaser”, and “Leica Microsystems” have the same meaning as in the Supply Agreement.