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PPOSITE
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b.
With respect to any Legacy Product, a perpetual, nonexclusive, nonsublicensable, nontransferable
license to use the Software solely as embedded in the Hardware, and to use the Documentation solely in
conjunction with such Software and Hardware, and to use any Modifications released by Apposite and
installed on the Hardware during the Warranty Period.
This license is not a sale. The Software may contain open source or third-party software, subject to separate
license terms. Acknowledgements, licensing terms and disclaimers for such materials are contained in the
Documentation, and your use of such material is governed by their respective terms and not by the License.
3.
OWNERSHIP.
Apposite and its licensors retain ownership of all intellectual property rights in and to the
Software and Documentation, including any copies, improvements, enhancements, derivative works and
modifications thereof. The Software and Documentation are protected by United States and international
copyright and other intellectual property laws and international trade provisions. Your rights to use the
Software and Documentation are limited to those expressly granted by this Agreement. No other rights with
respect to the Software or any related intellectual property rights are granted or implied.
4.
RESTRICTIONS.
Except as otherwise expressly provided under this Agreement, you shall not directly or
authorize any third party to:
(i)
copy the Software, except as necessary for archival or backup purposes only;
(ii)
transfer, assign, sublicense, rent, lease, lend, or otherwise transfer your license rights to any other person
or entity;
(iii)
install or use the Software on any computing device other than the Hardware;
(iv)
modify or adapt the Software or Documentation or create derivative works based upon the Software or
Documentation;
(v)
reverse engineer, disassemble, decompile, decrypt, or otherwise attempt to derive the source code of the
Software, except to the extent otherwise expressly permitted under applicable law notwithstanding this
restriction; or
(vi)
remove, alter, cover or obfuscate any of the trademarks, trade names, logos, patent or copyright notices
or markings, or add any other notices or markings to or on the Software, Documentation, or Hardware
without the express written authorization of Apposite.
5.
SUPPORT.
Apposite shall have no obligation to support the Software except as provide
d in Apposite’s
Customer Support Terms and Conditions, which is incorporated by reference into this Agreement.
6.
LIMITED WARRANTY.
Apposite warrants that, for the duration of the Warranty Period, the Hardware will be
free of any defects in materials and workmanship under normal use and the Software will perform
substantially in accordance with the Documentation. This limited warranty extends only to the original user of
the Product. This limited warranty is void if failure of the Hardware or Software to conform to the warranty
has resulted from improper installation, testing, misuse, neglect, accident, fire or other hazard, a virus, or any
breach of this Agreement. Apposite and its suppliers’ entire liability and your sole and exclusive remedy shall
be, at
Apposite’s sole discretio
n, to: (i) repair the Software or Hardware; (ii) provide replacement Hardware or
Software; or (iii) refund the purchase price and terminate this Agreement. This limited warranty applies only if
the Product is returned to Apposite, freight and insurance pr
epaid, in accordance with Apposite’s Return
Material Authorization (RMA) procedures. Any repaired or replaced Software or Hardware will be subject to
this same limited warranty for the remainder of the original Warranty Period or thirty (30) days, whichever is
greater. THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS,
EXPRESS OR IMPLIED, AND APPOSITE DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS,
INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS WARRANTY GIVES YOU SPECIFIC
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