Legal Notices
HFA3 Instructions for Use
2660021166131 Rev. A 2018-11
D-2
2.
S
OFTWARE
L
ICENSE
2.1
Limited License. Provided that You comply with the restrictions set forth herein,
ZEISS hereby grants to You a limited, non-exclusive, non-transferable license (without the right to
sublicense) (the “Limited License”) to:
(a)
use a single copy of the Software on, solely in conjunction with the
applicable software package and for Your own internal business operations on the HFA3 on which
the Software was first installed for production operation or, on a temporary basis, on a backup
system if such equipment is inoperative, consistent with the limitations specified or referenced in
this Agreement and the Documentation. If the HFA3 on which You use the Software is a multi–user
system, this Limited License covers all users on that single system; and
(b)
use the Documentation provided with the Software in support of
Your authorized use of the Software.
2.2
Restrictions. You will not, and will not permit any third party to, copy or use the
Software (including the Documentation) except as expressly permitted by this Agreement. In
addition, You will not, and will not permit any third party to:
(a)
Relicense, sublicense, rent or lease the Software or use the Software
for rental, timesharing, subscription service, hosting or outsourcing;
(b)
Modify, reverse engineer (except to the extent expressly permitted by
applicable law, and then only after You have notified ZEISS in writing of Your intended activities),
disassemble or decompile the Software, including, but not limited to, review of data structures or
similar materials produced by the Software;
(c)
Copy the Software;
(d)
Assign, give or transfer the Software to any third party except as
expressly permitted by Section 7.4, and You agree that in the event You grant a security interest in
the Software, the secured party will have no right to use or transfer to Software;
(e)
Remove or modify any Software markings (or any markings from the
hardware on which the Software operates), or any notice of ZEISS or Third Party Licensors’
proprietary rights;
(f)
Publish the results of any benchmark tests performed on the
Software or the hardware on which the Software operates; or
(g)
Use any source code that is provided with the Software.
2.3
Ownership. ZEISS or its licensors, suppliers and vendors (“Third Party
Licensors”) will retain all right, title and interest in and to the patent, copyright, trademark, trade
secret and any other intellectual property rights in the Software and any derivative works thereof,
subject only to the Limited Licenses granted in this Agreement. Notwithstanding the foregoing, You
acknowledge that the printing of ZEISS’ trademarks on output produced by the Software does not
give rise to any rights in ZEISS’ trademarks in You. You do not acquire any rights, express or implied,
in the Software other than those rights expressly granted under this Agreement. You will retain all
right, title and interest in and to data created by Your operation of the Software (“Data”) except as
