Freedom R8100 SERIES, Руководство оператора

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SOFTWARE LICENSE AGREEMENT
PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE. BY USING
THE SOFTWARE, YOU AGREE TO THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE, PROMPTLY
RETURN THE HARDWARE AND SOFTWARE FOR A REFUND.
1.
LICENSE GRANT: As used in this Agreement, the term “Software” means the software embedded in the unit of R8100 Series
communications system analyzer (the “Instrument”) sold by Freedom Communication Technologies Inc. (“Licensor”) to you (“Licensee”)
either directly or through Licensor’s distribution network. Subject to your acceptance of these terms, Licensor grants to Licensee a non-
exclusive license to use the Software and related documentation (the “Documentation”) only in connection with your use of the unit of the
Instrument in which the Software is embedded.
2 OWNERSHIP: This is not a sale of the Software. Licensor and/or its licensors retain ownership of all rights in and to the Software,
including all patent, copyrights, and other intellectual property rights.
Licensee may transfer the original Software and Documentation to another entity only in connection with the sale of the unit of the
Instrument in which the Software is embedded, on the condition that the transferee agrees in writing to be bound by the terms of this
agreement and Licensee provides to Licensor a copy of such agreement by the transferee.
Licensee will not reproduce, copy, decompile, disassemble, reverse engineer, modify, rent, lease, or create derivative works of the
Software, transmit the Software electronically or provide anyone with access to the Software over a network or otherwise.
Licensee will not export, re-export, resell, ship, or divert or cause to be exported, re-exported, resold, shipped, or diverted, directly or
indirectly, the Software or Documentation to any country where the United States or Licensee's government or any agency thereof at the
time of export or re-export requires an export license or other government approval without first obtaining such license or approval.
3. SCOPE OF USE: Licensee may use the Software only on the specific unit of the Instrument in which the Software is embedded.
This license will terminate automatically if Licensee fails to comply with any term or condition of the license.
4. LIMITED WARRANTY: Licensor warrants that under normal use, the Software will perform the functions specified in the
Documentation. If the Software does not conform to the Documentation such that its functional performance is significantly impaired and
Licensee notifies Licensor in writing within ninety (90) days after the date of purchase and provides to Licensor a copy of the receipt of
purchase, Licensor will have the option of refunding the purchase price or replacing the Software as Licensee’s exclusive remedy.
5. LIABILITY: THE WARRANTY SET FORTH IN SECTION 4 IS EXCLUSIVE AND IN LIEU OF ALL OTHER
WARRANTIES WHETHER STATUTORY, EXPRESS, OR IMPLIED (INCLUDING ALL WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE). LICENSOR WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES.
6. By using the Software, Licensee acknowledges that Licensee has read this agreement and agrees to be bound by its terms and
conditions. LICENSEE FURTHER AGREES THAT THIS AGREEMENT CONSTITUTES THE ENTIRE UNDERSTANDING OF
LICENSEE AND LICENSOR WITH RESPECT TO THE SUBJECT MATTER HEREOF AND COMPLETELY SUPERSEDES ANY
PRIOR UNDERSTANDING, EITHER ORAL OR WRITTEN. ANY MODIFICATION OF THIS AGREEMENT SHALL BE MADE
ONLY BY MUTUAL AGREEMENT AND EVIDENCED BY WRITTEN AMENDMENT SIGNED BY BOTH PARITIES. This
agreement shall be governed and interpreted by the laws of the State of Delaware.
7. U.S. GOVERNMENT: Licensor represents that the Software is either Commercial Computer Software as defined under DFARS
252.227-7014 (June 1995), or non-commercial computer software developed at private expense. If this license is acquired under a U.S.
Government civilian agency contract, the Government's rights to use, modify, reproduce, release, perform, display or disclose the Software
are subject to restrictions set forth in FAR 52.227-19. If this license is acquired under a U.S. Government Department of Defense contract,
the Government's rights to use, modify, reproduce, release, perform, display or disclose the Software are subject to this license agreement.
The License Fees identified in Exhibit A and the restrictions set forth in either FAR 52.227-19 or this license agreement do not apply to
portions of the Software, if any, in which the U.S. Government has acquired Unlimited Rights.
TRADEMARK NOTICE
MOTOTRBO™ Professional Digital Two-Way Radio System
Motorola, MOTOTRBO, Private-Line, and Digital Private-Line are registered in the U.S. Patent and Trademark Office. by Motorola.
NXDN™ is a trademark of Icom Incorporated and Kenwood Corporation
All other product and service names are the property of their registered owners