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ARTICLE 3 - LICENSE RESTRICTIONS
3.1
Restrictions
Except as expressly authorized herein, Customer will not engage in or permit any:
(a) copying or modification of the SciCan Software Product or Documentation;
(b) reverse engineering, decompilation, translation, disassembly, or discovery of the source code
of all or any portion of the SciCan Software Product;
(c) distribution, disclosure, marketing, rental, leasing or service bureau use or transfer to any third
party of the SciCan Software Product or the Documentation, except as part and parcel of the sale
of the SciCan Equipment containing the SciCan Software Product;
(d) disclosure of the results of SciCan Equipment or SciCan Software Product performance
benchmarks to any third party without SciCan’s prior written consent; or
(e) disclosure of any source code (if any) provided hereunder to any third party.
ARTICLE 4 - UPDATES
4.1
Updates
(a) Provided Customer has opened an account and provided all requested information to SciCan,
and, if applicable, paid the associated fees for Updates, SciCan will provide Updates for the
SciCan Software Product in accordance with SciCan’s Update policies and procedures of general
application. Prior to discontinuing Updates for the SciCan Software Product, SciCan will provide
Customer with at least six (6) months advance notice. Customer will allow SciCan to use remote
access software to aid in the resolution of problems or questions. Update fees, if any, will be
billed on an annual basis payable in advance.
(b) SciCan will have no obligation to provide Updates or assistance if Customer fails to make
any required payment or otherwise elects to discontinue Update services. In order to reinstate or
renew support services, Customer must first pay SciCan the then current annual Updates services
fee and all past unpaid Updates services fees and agree that all past Updates will be loaded on
the SciCan Equipment.
(c) SciCan will have no obligation to provide Updates for any (i) altered, damaged or modified
SciCan Equipment or SciCan Software Product, (ii) SciCan Software Product that is not the
then-current or previous sequential release, (iii) SciCan Software Product problems caused by
Customer’s negligence or other causes beyond the control of SciCan, or (iv) a failure that cannot
be reproduced at SciCan’s facility or via remote access to the Customer’s facility.
ARTICLE 5 - OWNERSHIP
5.1
Ownership
SciCan retains all right, title and interest in the SciCan Software Product, Updates, and
Documentation and any copies thereof. Except as otherwise expressly granted in this Agreement,
no license, right or interest in any SciCan trade mark, copyright, trade name or service mark is
granted hereunder.
10. SciCan Software Product License
