CAE Healthcare Fidelis Lucina, User Manual

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End-User License Agreement
ii
2. LICENSE
2.1 In consideration of Licensee’s agreement and compliance with the terms and conditions contained in the
MEPGTC and in this License, CAE Healthcare grants to Licensee, and Licensee accepts, a personal, non-exclusive,
non-transferable license to use the Embedded Software and Data exclusively with the Product, and with the
computer on which this License appears.
2.2 Except for the License granted herein, CAE Healthcare grants no express or implied right under any patent,
copyright, mask work right, trademark, know how or other intellectual property rights. Without limiting the
foregoing, the Licensee shall not obtain any rights to CAE Healthcare’s property, or any part thereof, by
implication, estoppel or otherwise. Title to and full ownership of any trade secrets and other intellectual property
rights related to the Product and components thereof shall remain with CAE Healthcare and, if applicable, its
suppliers. For clarification, Licensee agrees that the source code for the Embedded Software is a trade secret of
CAE Healthcare and only CAE Healthcare shall have the right to alter, maintain, enhance or otherwise modify the
Embedded Software.
2.3 Without limiting the foregoing or any other terms in this License, Licensee shall, and shall ensure that any
person authorized to access the Product, which are limited to Licensee’s employees, agents, representatives,
medical staff and students (“Authorized Users”):
(a) not copy (save and except for normal back up and disaster recovery purposes provided such copy shall include
CAE Healthcare’s copyright and any other proprietary notices indicated on the Embedded Software and Data),
ghost, export or produce any derivative works from the Product, or any part thereof, not network the Product
without CAE Healthcare’s prior written approval, or make it available for concurrent use;
(b) not sell, attempt to sell or transfer (unless in compliance with the MEPGTC), sublicense, encumber the
Embedded Software or Data;
(c) not modify the Product in any way, combine with other programs, or reverse engineer, screen scratch,
decompile or disassemble any Embedded Software nor otherwise attempt to create or derive the source code
related thereto;
(d) not deface or remove any copyright or proprietary notices;
(e) not use the Product without the Key, if provided with the Product, or attempt to develop or develop any
means or technology which would enable Licensee to bypass the use of the Key to operate the Product;
(f ) prevent anyone other than Authorized Users from accessing or using the Product;
(g) not incorporate the Product, in whole or in part, to any product or service that Licensee would make available
to a third party, on a commercial basis or not.
2.4 Notwithstanding anything else contained in this License, in no event shall Licensee use the Product and/or
Confidential Information to enable, support, or otherwise aid Licensee or a third party to develop any product,
software or service competitive with any of CAE Healthcare’s products.
2.5 Licensee agrees to grant CAE Healthcare, its agents and representatives, at any time during Licensee’s normal
business hours and upon reasonable prior notice, the right to access to Licensee’s premises, to ensure that the use
of the Product is done at all times in compliance with the terms and conditions of this License.