SMI RED250mobile, User Manual

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© 2015 SensoMotoric Instruments (SMI)
RED250mobile System User Guide
Page 156
constitute SMI trade and business secrets. Licensee shall
maintain Licensed Materials in confidence and prevent their
disclosure using at least the same degree of care it uses for its
own trade and business secrets, but in no event less than a
reasonable degree of care. Licensee shall not disclose Licensed
Materials or any part thereof to anyone for any purpose, other
than to its employees and sub-contractors, if any, for the purpose
of exercising the rights expressly granted under this Agreement,
provided they have in writing agreed to confidentiality obligations
at least equivalent to the obligations stated herein. The foregoing
does not apply to information that (i) is or becomes generally
known or available to the public without any breach of the
confidentiality obligation by Licensee, (ii) was already known to
Licensee prior to the disclosure by SMI, or (iii) was rightfully
acquired by Licensee from a third party without a breach of a
confidentiality obligation towards SMI. In case of a dispute,
Licensee has the burden of proof that the Licensed Materials and/
or any portion thereof fall under one of these exceptions. Should
Licensee be legally compelled to disclose any Licensed Materials
to a third party, such as pursuant to a mandatory order by a court
or authority or any comparable action, Licensee shall, to the
extent permitted under applicable law, inform SMI without undue
delay and undertake all possible measures to safeguard secrecy.
4) No Reverse Engineering . Licensee shall not, and shall not allow
any third party to, decompile, disassemble or otherwise reverse
engineer or by any means whatsoever attempt to reconstruct or
discover any source code or underlying ideas, algorithms, file
formats or programming or interoperability interfaces of the
Software or of any files contained or generated using the
Software.
5) Warranty .
a) If Licensed Materials show a defect during the limitation
period specified in Sec. 5 d), which already existed at
the time of transfer of risk, SMI will, at its own option
and discretion, either provide Licensee with a corrected