Inscape Data LinkPower LPS1800 Series, User Manual

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Page 9
Revision 1.0
updates, bug fixes or modified versions thereto (collectively, “Upgrades”) or backup copies of any of
the foregoing. NOTWITHSTANDING ANY OTHER PROVISION OF THE AGREEMENT: (1)
CUSTOMER HAS NO LICENSE OR RIGHT TO MAKE OR USE ANY ADDITIONAL COPIES OR
UPGRADES UNLESS CUSTOMER, AT THE TIME OF MAKING OR ACQUIRING SUCH COPY
OR UPGRADE, ALREADY HOLDS A VALID LICENSE TO THE ORIGINAL SOFTWARE AND
HAS PAID THE APPLICABLE FEE FOR THE UPGRADE OR ADDITIONAL COPIES; (2) USE OF
UPGRADES IS LIMITED TO INSCAPE DATA EQUIPMENT FOR WHICH CUSTOMER IS THE
ORIGINAL END USER PURCHASER OR LESSEE OR OTHERWISE HOLDS A VALID LICENSE
TO USE THE SOFTWARE WHICH IS BEING UPGRADED; AND (3) THE MAKING AND USE OF
ADDITIONAL COPIES IS LIMITED TO NECESSARY BACKUP PURPOSES ONLY.
Proprietary Notices. Customer agrees to maintain and reproduce all copyright and other proprietary
notices on all copies, in any form, of the Software in the same form and manner that such copyright and
other proprietary notices are included on the Software. Except as expressly authorized in the
Agreement, Customer shall not make any copies or duplicates of any Software without the prior written
permission of Inscape Data.
Term and Termination. The Agreement and the license granted herein shall remain effective until
terminated. Customer may terminate the Agreement and the license at any time by destroying all copies
of Software and any Documentation. Customer’s rights under the Agreement will terminate
immediately without notice from Inscape Data if Customer fails to comply with any provision of the
Agreement. Upon termination, Customer shall destroy all copies of Software and Documentation in its
possession or control. All confidentiality obligations of Customer and all limitations of liability and
disclaimers and restrictions of warranty shall survive termination of this Agreement. In addition, the
provisions of the sections titled “U.S. Government End User Purchasers” and “General Terms
Applicable to the Limited Warranty Statement and End User License Agreement” shall survive
termination of the Agreement.
Customer Records. Customer grants to Inscape Data and its independent accountants the right to
examine Customer’s books, records and accounts during Customer’s normal business hours to verify
compliance with this Agreement. In the event such audit discloses non-compliance with this
Agreement, Customer shall promptly pay to Inscape Data the appropriate license fees, plus the
reasonable cost of conducting the audit.