LAUNCH
CReader 319 User’s
3
to human-readable form, except to the extent otherwise expressly permitted under applicable
law notwithstanding this restriction;
(iv) Use or permit the Materials to be used to perform services for third parties, whether on a
service bureau or time sharing basis or otherwise, without the express written authorization of
LAUNCH;
(v) Disclose, provide, or otherwise make available trade secrets contained within the
Materials in any form to any third party without the prior written consent of LAUNCH.
Customer shall implement reasonable security measures to protect such trade secrets.
To the extent required by law, and at Customer’s written request, LAUNCH shall provide
Customer with the interface information needed to achieve interoperability between the
Materials and another independently created program, on payment of LAUNCH’s applicable fee,
if any. Customer shall observe strict obligations of confidentiality with respect to such
information and shall use such information in compliance with any applicable terms and
conditions upon which LAUNCH makes such information available.
Software, Upgrades and Additional Copies. For purposes of this Agreement, “Software” shall
include (and the terms and conditions of this Agreement shall apply to) computer programs,
including firmware, as provided to Customer by LAUNCH or an authorized LAUNCH reseller,
and any upgrades, updates, bug fixes or modified versions thereto (collectively, “Upgrades”)
or backup copies of the Software licensed or provided to Customer by LAUNCH or an
authorized LAUNCH reseller.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (1) CUSTOMER
HAS NO LICENSE OR RIGHT TO USE ANY ADDITIONAL COPIES OR UPGRADES
UNLESS CUSTOMER, AT THE TIME OF 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 LAUNCH EQUIPMENT FOR WHICH CUSTOMER IS THE
ORIGINAL END USER PURCHASER OR LESSEE OR WHO 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 Materials in the same form and manner
that such copyright and other proprietary notices are included on the Materials. Except as
expressly authorized in this Agreement, Customer shall not make any copies or duplicates of
any Materials without the prior written permission of LAUNCH.
Term and Termination. This Agreement and the license granted herein shall remain effective
until terminated. Customer may terminate this Agreement and the license at any time by
destroying all copies of Materials and any Document. Customer’s rights under this Agreement
will terminate immediately without notice from LAUNCH if Customer fails to comply with any
provision of this Agreement. Upon termination, Customer shall destroy all copies of Software
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.
