SMSEagle MHD-8100-3G, User Manual

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| SMSEagle MHD-8100 | User’s Manual
device on which the SMSEagle Software has been installed.
1.03
"Intellectual Property" means current and future worldwide rights under copyright law, patent
law, trade secret law, trademark law, moral rights law, and other similar rights.
1.04
"Update" means maintenance of, or a fix to, a version of SMSEagle Software, including, but not
limited to a hot fix, patch, or enhancement, none of which function as a standalone service or other
software package and which do not have an additional cost for an existing Licensee.
1.05
"Upgrade" means a major, standalone version of SMSEagle Software, which may include
additional applications, features, or functionality.
1.06
A reference to “person” includes a natural person, corporate or unincorporated body (whether or
not having separate legal personality) and that person's legal and personal representatives,
successors and permitted
assigns.
1.07
Words in the singular shall include the plural and vice versa.
1.08
A reference to a statute, statutory provision or subordinate legislation is a reference to it as it is in
force from time to time, taking account of any amendment or reenactment and includes any
statute, statutory provision or subordinate legislation which it amends or re-enacts; provided that,
as between the Parties, no such amendment or re-enactment shall apply for the purposes of this
Agreement to the extent that it would impose any new or extended obligation, liability or
restriction on, or otherwise adversely affect the rights of, any
Party.
1.10
A reference to writing or written includes e-mail.
1.11
Any obligation in this Agreement on a person not to do something includes an obligation to not
agree or allow that thing to be
done.
1.12
Any phrase introduced by the terms "including", "include", "in particular" or any similar expression
shall be construed as illustrative and shall not limit the sense of the words preceding those
terms.
1.13
References to articles, sections, or clauses are to the articles, sections, and clauses of this
Agreement.
1.14
"We", "Us", and "Our" refer to PROXIMUS Radoslaw Janowski (“PROXIMUS”) .
1.15
The “Parties” to this Agreement are You and PROXIMUS Radoslaw Janowski (“PROXIMUS”) .
1.16
"Collect" refers to transmitting data off the device in a way that allows PROXIMUS or any third-
party partners to access it.
2.
LICENSE GRANT
2.01
PROXIMUS grants to You a non-exclusive license for the use of the SMSEagle Software on the
SMSEagle device on which it was preinstalled and installation of Updates and Upgrades subject