SMI RED250mobile, User Manual

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© 2015 SensoMotoric Instruments (SMI)
License Agreement and Warranty
Page 155
is Licensee’s sole responsibility. The use of all third party
software provided as part of or with the Software (“Third Party
Software”) is exclusively governed by the terms and conditions of
the respective third party license agreements executed directly
between Licensee and the third party, which will be displayed for
you to read and accept prior to using the Licensed Materials and/
or which you can find in the system folder “Licenses”. The
Licensed Materials may be protected by technical means as
explained in the user manual, if any. Usage data of the Software,
which do not include any personal data, are automatically
transmitted in order to support SMI’s efforts to continuously
improve, update and further develop SMI software. Licensee may
sell or give away the Software to a third party on a permanent
basis provided that (i) such third party agrees vis-à-vis SMI to
comply with the terms of this Agreement defining the scope of the
licensed use, (ii) any Software purchased by Licensee embedded
into a device will be handed over by Licensee to the third party
only in its original physical fixation on the device (including any
updates or upgrades, if any), (iii) Licensee ceases any own use of
the Software, (iv) Licensee deletes all own copies of the Software,
unless handed over to the third party, including any backup copy,
and (v) Licensee provides to SMI a written confirmation
documenting compliance with the aforementioned requirements
upon request. Licensee is not entitled to rent, lease or otherwise
make available the Software to third parties on a non-permanent
commercial basis (including as part of any software as a service
or application service provider offering), except with the prior
written consent of SMI.
2) Rights in Licensed Materials. With the exception of Third Party
Software and the limited license rights granted to Licensee under
this Agreement, title to and ownership in the Licensed Materials
and all proprietary rights with respect to the Licensed Materials
remain exclusively with SMI and/or its licensors.
3) Confidentiality . Licensed Materials are proprietary to SMI and