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SportVue
“SportVue Head Mounted Display” (or “SportVue MC1”) shall mean the MRC SportVue wireless helmet mounted
device(s) You have acquired.
“SportVue MC1 System” shall mean the Software (as defined below), a SportVue MC1 device, MRC supplied
accessories and documentation, and the MRC data transmitter device.
“Product” shall mean collectively the SportVue Head Mounted Display product and any MRC supplied accessories for
such SportVue Head Mounted Display product exclusive of any software.
“MRC” shall mean Motion Research Corporation.
“Software” shall mean the MRC software product(s) provided under this license to You for use in conjunction with the
SportVue MC1 Product including any such SportVue Software and MRC proprietary software products, firmware and
data residing on the SportVue MC1 Product at the time of purchase. The term Software includes all such software and
data, regardless of the form in which it is provided to You or the form in which You may subsequently use it: however,
any Third Party Software, whether or not the Third Party Software accompanies, is provided with or operates in
conjunction with the Software and/or any portion of the SportVue System. Use of such software products shall be
governed by and subject to Your agreeing to the terms of separate software licenses impose any additional obligations,
or obligations inconsistent with the terms of this Agreement, upon MRC whatsoever.
“Service” shall mean any MRC service provided to You in conjunction with the SportVue System.
“Third Party Software” means software applications proprietary to a third party but shall not include software licensed
by MRC from a third party for incorporation into a MRC software product and distribution as an integral part of that
MRC software product under a MRC brand.
2.
Agreement to Supply Product(s) and Service(s) to License Software.
You acknowledge that You are supplied with the SportVue System and any additional MRC accessories or Service(s)
that You order conditional upon Your acceptance of the terms and conditions herein, Your payment of the required
purchase price and license fees, Your commitment to pay all applicable periodic fees or costs, and any additional terms
and conditions that You agree to be bound by from time to time.
3. Title to Product(s) and Right to Use Software.
You shall not obtain title and/or any right of possession to the Product(s) sold to you until you pay all amounts due for
such Product(s). Your license to use the Software is conditional upon payment of all license fees due hereunder to
MRC. If any monthly or other periodic fees or costs associated with Your use of the SportVue System or the Services
are not paid when due, it shall constitute a breach of this license entitling MRC to terminate Your license to use the
Software under Section 10 below. For greater certainty, this Agreement does not constitute a sale of the Software or
any portion thereof to You.
4. Use of SportVue MC1 Product.
You agree that:
(a) You and anyone obtaining access to the SportVue System through You will only use the SportVue System and any
component thereof, including the SportVue MC1 Product and the Software, in accordance with this Agreement and the
appropriate
Installation and Getting Started Guide
provided by MRC for use in conjunction with the SportVue System
or portion thereof;
(b) You and anyone obtaining access to the SportVue System through You will only use the SportVue System and any
component thereof in accordance with the Limited Warranty (as defined herein);
(c) You are, and anyone obtaining access to the SportVue System through You, over the age of majority and will
comply with Your obligations under this Agreement and will comply with all applicable laws and regulations respecting
the use of the SportVue System and Services. Use of this Product by a minor implies parental consent;
