XIV
Reverse Engineering
Reverse engineering is only permitted with the express consent of Studer.
The consent of Studer can be obtained but is not limited to the case in which
the interface software can not be provided by Studer. In any case Studer has
to be informed immediately upon complete or partial reverse engineering.
Copying the License Material
The Customer is entitled to make one copy of all or parts of the License
Material as is necessary for the use according to this Agreement, namely for
backup purposes. The Customer shall apply the copyright of Studer found on
the License Material onto all copies made by him. Records shall be kept by
the Customer regarding the amount of copies made and their place of keeping.
The responsibility for the original program and all copies made lies with the
Customer. Studer is entitled to check these records on first request. Copies
not needed anymore have to be destroyed immediately.
Disclosure of License Material
The License Material is a business secret of Studer. The Customer shall not
hand out or in any way give access to parts of or the complete License Material
to third parties nor to publish any part of the License Material without prior
written consent of Studer. The Customer shall protect the License Material
and any copies made according to the paragraph above by appropriate defense
measures against unauthorized access. This obligation of non-disclosure is a
perpetual obligation.
Third parties are entitled to have access to the License Material if they use the
License Material at the Customer’s site in compliance with this Agreement.
Under no circumstance are third parties entitled to have access to the instal
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lation software on the original data media. The Customer shall safeguard the
original data media accordingly.
Assignability
The rights granted to the Customer according to this License Agreement shall
only be assignable to a third party together with the transfer of the system
and/or its options and after the prior written consent of Studer.
Rights to License Material
With the exception of the right of use granted by this License Agreement all
proprietary rights to the License Material, especially the ownership and the
intellectual property rights (such as but not limited to patents and copyright)
remain with Studer even if alterations, customized changes or amendments
have been made to the License Material.
Studer’s proprietary rights are acknowledged by the Customer. The Customer
shall undertake no infringements and make no claims of any patent, registered
design, copyright, trade mark or trade name, or other intellectual property
right.
Warranty, Disclaimer, and Liability
For all issues not covered herewithin, refer to the ‘General Terms and Condi
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tions of Sales and Delivery’ being part of the sales contract.
Appendix
