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10.
SOFTWARE LICENSE
The following terms govern your access and use of GDB or GDB-supplied software
(“Software”) contained
in the Product you purchased or used in conjunction with the Product.
License:
Conditional upon compliance with the terms and conditions of the Limited Warranty,
GDB grants to you a non-exclusive and non-transferable license to use for your internal
purposes the So
ftware and the Documentation. “Documentation” means written information
(whether contained in user or technical manuals, training materials, specifications or
otherwise) pertaining to the Software and made available by GDB with the Software in any
manner. You shall use the Software solely as embedded in (or, if downloaded, as provided via
download), for execution on, and for communication via the GDB system.
No other licenses are granted by implication, estoppel or otherwise.
General Limitations:
This is a license, not a transfer of title, to the Software and
Documentation, and GDB retains ownership of all copies of the Software and Documentation.
You acknowledge that the Software and Documentation contain trade secrets of GDB or its
suppliers or licensors, including but not limited to the specific internal design and structure of
individual programs and associated interface information. Except as otherwise expressly
provided, you shall have no right, and you specifically agree not to:
i.
transfer, assign or sublicense your license rights to any other person or entity (other
than in compliance with any GDB relicensing/transfer policy then in force), or use the
Software on unauthorized or second hand GDB equipment, and you acknowledge that
any attempted transfer, assignment, sublicense or use shall be void;
ii.
make error corrections to or otherwise modify or adapt the Software or create
derivative works based upon the Software, or permit third parties to do the same;
iii.
reverse engineer or decompile, decrypt, disassemble or otherwise reduce the Software
to human-readable form, except to the extent otherwise expressly permitted under
applicable law notwithstanding this restriction;
iv.
disclose, provide, or otherwise make available trade secrets contained within the
Software and Documentation in any form to any third party without the prior written
consent of GDB. You shall implement reasonable security measures to protect such
trade secrets.
Software, Upgrades and Additional Copies:
“Software” shall include computer
programs,
including firmware, as provided to you by GDB or a Service Provider, and any upgrades,
updates, bug fixes or modified versions thereto (collectively, “Upgrades”) or backup copies of
any of the foregoing.
NOTWITHSTANDING ANY OTHER PROVISION OF THE AGREEMENT: (1) UNLESS AUTHORIZED BY
GDB, YOU HAVE NO LICENSE OR RIGHT TO MAKE OR USE ANY ADDITIONAL COPIES OR
UPGRADES. GDB MAY MAKE SOFTWARE AVAILABLE BASED ON ADDITIONAL TERMS; (2) USE OF
UPGRADES IS LIMITED TO GDB EQUIPMENT FOR WHICH YOU ARE THE ORIGINAL END USER
PURCHASER OR OTHERWISE HOLD A VALID LICENSE TO USE THE SOFTWARE WHICH IS BEING
UPGRADED; AND (3) THE MAKING AND USE OF ADDITIONAL COPIES IS LIMITED TO NECESSARY
BACKUP PURPOSES ONLY.
