Motion Research Corp.
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(d) You will ensure that any information that is provided to MRC pursuant to this Agreement is true, current, and
complete;
(e) You will be responsible for all activities with respect to the SportVue System and Services undertaken by You or
undertaken by anyone who has access to the SportVue System through You;
(f) You represent and warrant that You have the right and the authority to enter into this Agreement.
(g) You will ensure that the use of the Products, Services and the Software including without limitation the use thereof
with any other software, application, or data and the transmission of data using Software, does not interfere with,
degrade, or adversely affect any software, system, network, or data used by any person including MRC and other
customers of MRC and You will not use or allow any person to use the Products, Services or Software in a way that has
a detrimental effect upon MRC, its customers or its products or services;
(h) You and anyone obtaining access to the Products, Services or Software through You will not use the Products,
Services or Software to commit or attempt to commit a crime or facilitate the commission of any crime or other illegal
or tortious acts;
(i) You will not sell or transfer, or attempt to sell or transfer, the Software or any part thereof, or Your entitlement to
use the services or any other MC1 device or person, without the written permission of MRC; and
(j) You will cooperate with MRC and provide information requested by MRC to MRC in investigating or determining
whether there has been a breach of this Section 4 or any other provision of this Agreement and provide RIM with access
to the premises and computers where the Products, Services or Software are or have been used.
5. Software License
Subject to the terms and conditions herein, this Agreement grants You a personal, revocable, non-exclusive, non-
transferable license to install and use one copy of the Software residing on the SportVue MC1 Product. You may not
use or allow the use of the Software other than for Your own internal or personal purposes. This license does not imply
any rights to future upgrades or updates of the Software. However, if MRC does provide You with any upgrades or
updates to the Software, such upgrades or updates shall be subject to the terms and conditions of this Agreement or such
agreement, if any, which accompanies such upgrades or updates, and may be subject to additional payments. You may
not print, copy, reproduce, distribute, modify or in any manner duplicate the Software, in whole or in part. For the
purposes of this provision “copy or reproduce” shall not include copying of statements and instructions of the Software
that naturally occurs during normal program execution when used in accordance with and for the purposes described in
the user documentation or in the course of making unmodified regular backups of the computer or system on which the
Software is installed, in accordance with industry standard business practices. You may not copy any written materials
accompanying any portion of the Software unless specifically authorized in writing to do so by MRC.
6. Intellectual Property
You do not acquire hereby any intellectual property or other proprietary rights, including patents, designs, trademarks,
copyright or rights in any confidential information or trade secrets, in or relating to the SportVue System or any part
thereof. You also do not acquire any rights in or related to the SportVue System or any component thereof, other than
the rights expressly licensed to You under this Agreement or in another mutually agreed upon, written agreement that
You may have with MRC. Any grants not expressly granted herein are reserved. The Software is only licensed to You
as expressly set out herein, and it and all associated documentation is protected by U.S. and international copyright and
patent laws and international treaty provisions. There are severe penalties both civil and criminal for intellectual
property infringement.
