V3.5 14/08/19
UD0089
Page 915
This Document is uncontrolled unless over stamped "CONTROLLED DOCUMENT"
The Embedded Software is licensed, not sold, to the Customer by the Company for use only under the terms
of this EULA. The Company and its licensors retain all proprietary interests and rights in and over the
Embedded Software and reserve all rights not expressly granted to the Customer under this EULA including all
Intellectual Property Rights which shall remain the exclusive property of the Company or its licensors.
4.
Restrictions
4.1
Except as expressly set out in this EULA or as permitted by law, the Customer agrees not to disclose the
contents or code of the Embedded Software to any third party. The Customer may take such copies of the
Embedded Software as is necessary for the purpose of back-up security and agrees that all copies shall be
kept confidential and subject to the terms of this EULA.
4.2
Except as expressly set out in this EULA or as permitted by law, the Customer agrees not to lease, rent, sub-
license, loan, sell or otherwise redistribute the whole or any part of the Embedded Software. The Customer
may, however, rent, lease or sell the Hardware, provided that: (a) any rental, leasing or sale must include the
Hardware and all of the Embedded Software, including all its component parts, original media, printed
materials and this EULA; (b) the Customer does not retain any copies of the Embedded Software, full or
partial, including copies stored on a computer or other storage device; and (c) the party receiving the
Hardware reads and agrees to accept the terms and conditions of this EULA.
4.3
The Customer agrees not to modify, disassemble, reverse engineer, derive the source code of, decrypt, create
derivative works or decompile the whole or any part of the Embedded Software nor attempt to do so save to
the extent expressly permitted by law.
4.4
The Customer will not attempt to ascertain or list the source programs or source code relating to the
Embedded Software.
4.5
The Customer will notify the Company as soon as it becomes aware of any unauthorised use of the Embedded
Software by any person.
5.
Warranty
5.1
The Company believes that to the best of its knowledge the Embedded Software has been thoroughly tested
for freedom from arithmetic or logical defects in the Embedded Software and that it will function and perform
substantially in accordance with the functions described in the Documentation.
5.2
If at any time during the Warranty Period, the Customer becomes aware of a breach of the warranty at
Clause 5.1, the Customer will:
5.2.1
promptly notify the Supplier of any defect which it believes to exist, such notice to be given prior to
the expiry of the Warranty Period, with all details and information which may assist in diagnosing
and correcting the defect; and
5.2.2
provide any facilities, information and assistance which the Supplier may reasonably request to aid
the diagnosis of the alleged defect and co-operate with the Supplier in these activities.
5.3
If the Supplier is unable to ascertain or correct the defect with the Embedded Software as notified by the
Customer in accordance with Clause 5.2, the Supplier (if not the Company) shall notify the Company.
5.4
The Company reserves the right to charge the Customer at its prevailing rates for any effort expended in
tracing apparent defects which prove not to be defects covered under this Clause 5.
5.5
In the event of a proven breach of the warranty in Clause 5.1 during the Warranty Period, the Supplier (or
Company (as the case may be)) will either:
5.5.1
repair, or at its option replace, the Embedded Software (or the relevant part of it); or
5.5.2
correct the Documentation to reflect the proper performance of the Software where it is determined
by the Company (acting reasonably) that the Software is functioning correctly but is not properly
described in the Documentation.
5.6
The repair or replacement of the Embedded Software under Clause 5.5 will not be available to the Customer
if:
5.6.1
the defect in the Embedded Software is attributable to failure or breakdown or interference of any
third party, or software or hardware not supplied subject to this EULA;
