Leica Biosystems PELORIS_PELORIS II - Manual (Page 5)

Software Licence Terms
Leica PELORIS™ User Manual Rev K © Leica Biosystems Melbourne Pty Ltd 2011 5
2 Grant of licence
2.1 Licensee gives consent
The Licensee agrees to be bound by all the terms of this Licence by downloading or installing the Software, or by agreeing to
purchase, lease or otherwise use the Software or the Goods containing the Software.
2.2 Leica Microsystems grants licence
Subject to this agreement, Leica Microsystems grants the Licensee a non-transferable, non-exclusive licence to use the
Software and Documentation for its internal business purposes in accordance with the terms of this agreement.
3 Restrictions on use
The Licensee must:
(a) only use the Software on the Designated Computer and in conformity with:
(i) laboratory practices that are consistent with industry practice;
(ii) all applicable laws, regulations, guidelines and decisions of judicial or regulatory bodies;
(iii) any patent or other proprietary rights of third parties; and
(iv) as envisaged by the Documentation, and this agreement;
(b) not install, or procure the installation of, any software on the Designated Computer without Leica Microsystems' prior
written consent;
(c) not copy all or part of the Software or Documentation, or allow all or part of the Software or Documentation to be
copied (other than one copy of the Software for backup purposes), without obtaining Leica Microsystems' prior
written permission;
(d) not publish, distribute or commercialise all or part of the Software or Documentation, or any adaptation, modification
or derivative of the Software or Documentation;
(e) not sell, rent, lease, sub-license, assign or transfer all or part of the Software or Documentation or any of its rights
under this agreement;
(f) not use the Software or the Documentation for the benefit of any third party, or disclose the Software or the
Documentation to any third party, except with Leica Microsystems' prior written consent;
(g) not adapt, reverse engineer, make error corrections, or otherwise modify the Software or Documentation or create
derivative works based on the Software or Documentation (other than to the extent permitted by applicable copyright
laws) or permit third parties to do the same;
(h) not decompile, decrypt, reverse engineer, disassemble or otherwise reduce the Software to human readable form to
gain access to trade secrets or confidential information in the Software or permit third parties to do the same; and
(i) comply with any reasonable directions of Leica Microsystems from time to time in relation to the installation or use of
the Software and the Documentation.
4 Intellectual property
4.1 Licensor IP
All Licensor IP, including but not limited to any images, audio, video and text in the Software, is owned by or licensed to Leica
Microsystems, and no Licensor IP is transferred to the Licensee under this agreement.
4.2 Proprietary markings
The Licensee must not alter or remove any notices of proprietary rights, any rights management information or any serial
numbers appearing on, attached to or incorporated in Licensor IP or any copies thereof, and must not use or attempt to
register any trademark, trade name, business name or company name which is confusingly similar to any trademark or trade
name of Leica Microsystems.
4.3 Violations of intellectual property
The Licensee must:
(a) notify Leica Microsystems immediately if it knows of or suspects any unauthorised use, or violation, of any Licensor
IP; and