A-2
Operator's Manual
SOFTWARE LICENSE AGREEMENT
1.
General. Software is being licensed to the Customer pursuant to the following
terms and conditions, which supplement any purchase or lease agreement (the
"Equipment Agreement") between Customer and Sensormatic Electronics
Corporation ("SEC"). By accepting receipt of, or by using, such Software, the
Customer agrees to be bound by the terms of this Software License Agreement
(the "License Agreement"). The term “Software” means all computer programs,
instructions, data and databases, in any form or on any media, supplied by SEC
(or its suppliers) to Customer and all current and future versions, revisions,
updates, upgrades and new releases thereof. Except as otherwise provided in this
License Agreement, the terms and conditions of the Equipment Agreement apply
to the Software, the related technical and user manuals ("Documentation") and
the license provided herein.
2.
License. SEC licenses the Software and the Documentation to Customer, for the
license fee(s) set forth (or included in the product prices set forth) in the
Equipment Agreement and subject to the terms and conditions of this License
Agreement. The license is non-exclusive and is limited by the terms of this
License Agreement. Customer may not transfer the license except to a party to
whom the equipment is transferred and then only with the written consent of
SEC. The Software and Documentation are being licensed and not sold or leased
to Customer. SEC or its suppliers who have authorized SEC to sublicense
certain of the Software and Documentation retain ownership of the Software and
Documentation. The Software is being licensed for use only on (i) a single
computer (A) owned or leased by Customer and identified in the Equipment
Agreement or (B) otherwise identified in the Documentation as compatible with
the Software, or (ii) a back-up machine if and so long as such computer becomes
temporarily inoperable.
3.
Term. The term of the license is perpetual, except that it will terminate
automatically if Customer sells or otherwise disposes of the Software or its
related equipment or Customer breaches any provision of this License
Agreement or the Equipment Agreement. If the license terminates, SEC will
have the right to take possession of all copies of the Software and
Documentation in the possession of Customer or to require Customer to destroy
all such copies and certify such destruction in writing to SEC.