Eyenetra NETROPTER, User Manual, Page: 27 / 32

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8. Services. Eyenetra Services, including without limitation, support services
will be described in the applicable Supporting Materials and Statements
of Work, which will cover the description of Eyenetra’s offering, eligibility
requirements, service limitations and Customer responsibilities, as well as
the Eyenetra Products supported.
9. Eligibility. Eyenetra’s service, support and warranty commitments do not
cover claims resulting from: (a) improper use, environmental conditions
or non-compliance with applicable Supporting Material; (b) modifications
or improper system maintenance or calibration not performed by
Eyenetra or authorized by Eyenetra; (c) malware (e.g. virus, worm, etc.) not
introduced by Eyenetra; or (d) abuse, negligence, accident, fire or water
damage, electrical disturbances, transportation by Customer, or other
causes beyond Eyenetra’s control.
10. Client Cooperation. Eyenetra’s ability to deliver Eyenetra Products and
services will depend on Customer’s reasonable and timely cooperation
and the accuracy and completeness of any information from Customer.
11. Product Performance. All Eyenetra Products are covered by Eyenetra’s
limited warranty statements that are provided with the products or
otherwise made available on the Eyenetra Store web-site. All Eyenetra
warranties begin on the date of delivery.
12. Services Performance. Services are performed using generally recognized
commercial practices and standards. Customer agrees to provide prompt
notice of any such service concerns and Eyenetra will re-perform any
service that fails to meet this standard.
13. Intellectual Property Rights. Except as provided herein, no transfer of
intellectual property will take place upon the sale of any Eyenetra Products.
14. License Grant. Eyenetra grants Customer a non-exclusive license to use
the version or release of the Eyenetra Software included in Eyenetra
Products included in an Order. Permitted use is for internal purposes
only (and not for further commercialization). Customer agrees that
it will also not copy, modify, reverse engineer, disassemble decrypt,
decompile or make derivative works of any Eyenetra Software licensed
to Customer under this Agreement unless permitted by statute, in which
case Customer will provide Eyenetra with reasonably detailed information
about those activities. Unless otherwise specified, any license granted is
perpetual, provided however that if Customer fails to comply with the
terms of this Agreement, EyeNeta may terminate the license upon written
notice. Immediately upon termination, Customer will either destroy all
copies of the software or return them to Eyenetra.
15. Intellectual Property Rights Infringement. Eyenetra will defend and/
or settle any claims against Customer that allege that an Eyenetra
Product or service as supplied under this Agreement infringes the
Terms of Sale |
NETROPTER USER MANUAL