ComNav Vector G2, Руководство по установке и эксплуатации

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ComNav G3/G3B Installation & Operation License Agreement
Document PN 29010093 V1.5 - 75 -
16 December 2016
License Agreement
COMNAV MARINE LTD. FIRMWARE LICENSE AGREEMENT
BEFORE USING LICENSED FIRMWARE, CAREFULLY READ THIS LICENSE AGREEMENT.
This document is an agreement (“Agreement”) between the end user (the “Licensee”) and ComNav Marine Ltd, (“ComNav”)
that sets forth the Licensee’s rights and obligations with respect to the ComNav software and firmware, including without
limitation any accompanying documentation, hardware or media (the “Firmware”) and prevails over any additional, conflicting or
inconsistent terms and conditions appearing on any purchase order or other document submitted by the Licensee. “Affiliate”
means any person, partnership, corporation, limited liability company, other form of enterprise that directly or indirectly through
one or more intermediaries, controls, or is controlled by, or is under common control with the party specified. In this Agreement,
any ComNav Product that has Firmware embedded in it or included with it at the time of sale to the Licensee shall be referred
to as the “Product”. This Agreement constitutes the entire understanding between the parties, with respect to the subject matter
of this Agreement.
BY USING OR OTHERWISE ENABLING THE PRODUCT, THE LICENSEE REPRESENTS IT IS AUTHORIZED TO ACCEPT
THESE TERMS ON BEHALF OF THE END USER (IF THE END USER IS AN ENTITY ON WHOSE BEHALF THE LICENSEE
IS AUTHORIZED TO ACT, THE LICENSEE SHALL BE DEEMED TO REFER TO THE END USER) AND THAT THE
LICENSEE AGREES TO BE BOUND BY THE TERMS OF THIS AGREEMENT, WHICH INCLUDES, AMONG OTHER
PROVISIONS, THE LICENSE, THE DISCLAIMER OF WARRANTY AND THE LIMITATION OF LIABILITY. IF THE LICENSEE
DOES NOT AGREE TO THE TERMS OF THIS AGREEMENT OR ARE NOT AUTHORIZED TO ENTER INTO THIS
AGREEMENT, COMNAV IS UNWILLING TO LICENSE THE FIRMWARE TO THE LICENSEE AND THE LICENSEE AGREES
THAT THE LICENSEE IS NOT AUTHORIZED TO ENABLE OR USE SAID LICENSED FIRMWARE.
The Licensee and ComNav agree as follows:
1.
LICENSE
. The Licensee has the non-exclusive and non-transferable license to enable the Firmware on each
Product that the Licensee has purchased subject to the terms and conditions of this Agreement.
2. RESTRICTIONS. Except as otherwise authorized in writing by ComNav, the Licensee may not, nor may the
Licensee permit any third party to:
a. Reverse engineer, decompile, disassemble or modify the Firmware, in whole or in part, except to the
extent expressly permitted by applicable law and to the extent the parties shall not be permitted by that
applicable law, such rights are expressly excluded.
b. Incorporate the Firmware in whole or in part, in any other product or create derivative works based on the
Firmware, in whole or in part.
c. Publish, disclose, copy reproduce or transmit the Firmware, in whole or in part.
d. Assign, sell, license, sublicense, rent, lease, encumber by way of security interest, pledge or otherwise
transfer the Firmware, in whole or in part.
e. Remove any copyright, trademark, proprietary rights, disclaimer or warning notice included on or
embedded in any part of the Firmware
3.
UPDATES
. At ComNav's discretion ComNav may make Updates available to the Licensee. An update ("
Update
")
means any update to the Firmware that is made available to the Licensee including error corrections, enhancements
and other modifications. All Updates that the Licensee downloads, installs or uses shall be deemed to be Firmware
and subject to this Agreement. ComNav reserves the right to modify the Product without any obligation to notify,
supply or install any improvements or alterations to existing Firmware.
4. OWNERSHIP. ComNav owns all rights, title and interest in and to the Firmware and related materials, including all
intellectual property rights. The Firmware is licensed to the Licensee, not sold.
5.
LIMITED WARRANTY
. ComNav warrants solely to the Licensee, subject to the exclusions and procedures set forth
herein, that for a period of two (2) years from the original date of purchase of the Product in which it is embedded
(the "Warranty Period"), the Firmware, under normal use and maintenance, will conform in all material respects to
the documentation provided with the Firmware and any media will be free of defects in materials and workmanship.
For any Update, ComNav warrants, for 90 days from performance or delivery, or for the balance of the original
Warranty Period, whichever is greater, that the Update, under normal use and maintenance, will conform in all
material respects to the documentation provided with the Update and any media will be free of defects in materials
and workmanship. Notwithstanding the foregoing, ComNav does not warrant that the Firmware will meet Licensee's
requirements or that its operation will be error free.
6.
WARRANTY EXCLUSIONS
. The warranty set forth above will not apply to any deficiencies caused by (a) the
Product not being used as described in the documentation supplied to the Licensee, (b) the Firmware having been
altered, modified or converted in any way by anyone other than ComNav, (c) any malfunction of the Licensee's
equipment or other firmware or software, or (d) damage occurring in transit or due to any accident, abuse, misuse,
improper installation, lightning (or other electrical discharge) or neglect. ComNav does not warrant or guarantee the
precision or accuracy of positions obtained when using the Firmware. The Product and the Firmware is not intended