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Front Matter
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PN: 905K400652
3. Consent to Use of Collection Data and Feedback
3.1 Licensee agrees that CAE may collect and use technical data and related information, times
(“ Collection Data ”), including but not limited to technical information about your Product that is
gathered periodically to facilitate the provision of Software updates, Product support and other
services related to your Product such as Software feature usage and run times. Such Collected Data
shall be anonymous, and shall not personally identify any individual users. In the event that Licensee
wishes to opt-out of permitting CAE from having access to Collected Data, Licensee must inform CAE
of this requirement..
3.2 Upon the request of CAE, Licensee agrees to provide CAE, from time to time, with comments,
suggestions, data, information or feedback (“ Feedback ”) on the Product.
3.3 Licensee acknowledges and agrees that such Feedback and Collected Data may be freely used by
CAE, at its sole discretion, for the design, development, improvement, marketing and
commercialization of its products and services, without any restrictions based on confidentiality or
intellectual property rights.
4. Term and Termination
4.1 This License shall become effective as of the date of your acceptance of this License and shall
remain in effect until terminated as provided hereafter.
4.2 This License terminates immediately upon termination of the HEPGTC.
4.3 CAE may terminate this License immediately, upon written notice, should Licensee (a) attempt to,
directly or indirectly, assign or transfer any of the rights granted to it pursuant to this License without
CAE’s prior written authorization, (b) disclose, in whole or in part, any Confidential Information, (c)
use the Software otherwise than as authorized herein, or (d) is otherwise in breach of its obligations
to protect the intellectual property contained in the Product. In addition, should Licensee fail to
comply with any other terms and conditions of this Agreement and such failure is not cured within
thirty (30) days after receipt of CAE’s written notice, CAE may terminate this Agreement immediately.
4.4 Upon termination of this License, Licensee agrees to immediately discontinue use of the
Confidential Information and the Product, and to return same to CAE as well as any copies.
4.5 The following shall survive and continue in full force and effect notwithstanding any termination
of this License: the obligations of Licensee under Sections 2 (License), 5 (Non-Disclosure); as well as
any other clauses which by their nature and context are intended to survive.
5. Non-Disclosure
5.1 Licensee agrees to keep this License and all Confidential Information obtained hereunder in strict
confidence, and shall only disclose same a) to Authorized Users solely for the Purpose and provided
such access to the Product conforms, at all times, to the terms and conditions governing the use of
the Product contained herein, or b) if required to be disclosed by law, and only to the extent of such
disclosure and limited to the purpose requested, with prior notice to CAE to permit it to seek an
appropriate remedy to prevent the disclosure, or alternatively to agree to the terms of such
disclosure.