Leica Biosystems PELORIS_PELORIS II User Manual
Page 6
Software Licence Terms
Leica PELORIS™ User Manual Rev K © Leica Biosystems Melbourne Pty Ltd 2011
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(b)
provide promptly, at its cost, all assistance reasonably requested by Leica Microsystems to protect the relevant rights
in Licensor IP and prosecute any claims arising from such uses or violations.
4.4
Compliance
The Licensee must comply, at all times, with any terms and conditions relating to the Third Party Material notified to the
Licensee by Leica Microsystems and/or the third party supplier of that Third Party Material.
5
Upgrades and support
5.1
New releases and new versions
Leica Microsystems may, at its sole discretion, provide the Licensee with new Releases or new Versions of the Software.
5.2
Installation
If requested by the Licensee to do so, Leica Microsystems, its designated distributor or agent may, at its sole discretion,
install a new Release or new Version of the Software on the Designated Computer.
5.3
Downloading of data
Leica Microsystems, or its designated agent may, at its sole discretion, download data that has been generated by the use of
the Software by the Licensee as a means of debugging Software faults and otherwise analyzing the performance of the
Software or Goods containing the Software supplied by Leica Microsystems under the Supply Agreement.
6
Back up and security of data
It is the Licensee's responsibility to:
(a)
perform regular backups of data and to store these; and
(b)
provide contingency plans for the event of a failure of any sort (eg: fire, flood, and theft);
and Leica Microsystems has no liability (including for negligence) for any loss whether direct or indirect, that could have been
prevented by the Licensee performing the above responsibilities, or which occurs as a consequence of inadequate back up,
computer viruses or the ongoing functions of computer hardware (including backup hardware), whether supplied by Leica
Microsystems or any other supplier.
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Confidentiality and privacy
7.1
Use and disclosure
The Licensee must, in relation to the Confidential Information:
(a)
keep it confidential;
(b)
use it only as permitted under this agreement and only disclose it:
(i)
to employees, contractors and agents that have a need to know and who have undertaken to comply with this
clause 7; or
(ii)
to the extent (if any) the Licensee is required by law to do so; and
(c)
promptly comply with any request by Leica Microsystems to return or destroy the Confidential Information unless
required by law to be retained.
7.2
Recipient's obligations
The Licensee must:
(a)
safeguard the Confidential Information from unauthorised access or use; and
(b)
notify Leica Microsystems of, and take all steps to prevent or stop, unauthorised copying, use or disclosure.
7.3
Privacy
In performing its obligations under this agreement, the Licensee must comply, and use all reasonable efforts to ensure that
its contractors comply, with all applicable legislation relating to privacy of personal information.