Leica Captivate, Техническое справочное руководство

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systems directly or through an authorized distributor; or (i) use any equipment,
device, software, or other means designed to circumvent or remove any usage
restrictions, or to enable functionality disabled by Leica Geosystems.
Installation, access, and continued use of the Software may require an entitle-
ment number. Registration may be required for certain features or before an
entitlement number is issued by Leica Geosystems. Licensee agrees that Leica
Geosystems may use data and information provided by Licensee, an authorized
reseller, or any other third party acting on behalf of Licensee in connection
with the purchase of the software license to register the Software. Licensee
agrees to provide Leica Geosystems, an authorized reseller, or any other third
party acting on Licensee’s behalf with accurate and current registration infor-
mation, and Licensee further agrees to maintain and update this registration
information through customer data registration processes that may be provi-
ded by Leica Geosystems. By installing and using the Software, Licensee con-
sents to Leica Geosystems using any personal information provided at registra-
tion, or updated thereafter, to issue entitlement numbers, to manage Leica
Geosystems’s relationship with Licensee (including automating the issuance of
entitlement numbers for future purchases), and to otherwise use any such per-
sonal information in conformance with its privacy policy –if applicable-, which
is available on request.
The activation security mechanisms may disable the Software if Licensee
attempts without Leica Geosystems’ consent or authorisation to transfer it to
another computer or device, if the date-setting mechanisms on the computer
or devise is tampered with, if Licensee uses the Software past an applicable
evaluation period or limited term, or if Licensee undertakes certain other
actions that may offset the security mode.
This Software may cause the Specified Computer Facility to automatically con-
nect to the Internet and to communicate with Leica Geosystems and or with
third parties connected with the development and/or the validation of the
Software.
This Software license does not cover or include the use of
third party soft-
ware . Licensee’s right to use any such software shall be governed by the provi-
sions set forth by such third party.
This Software license shall also apply to
Open Source Software (OSS) . In
case of conflict with the terms of this Software License Agreement, the terms
of the respective OSS license agreement shall govern.
3 Warranty
Express Warranty.
Licensor warrants to the original Licensee that (a) the
data carrier medium on which the Software is stored shall be free from
defects in workmanship and material at the time of delivery to Licensee, and
(b) for the warranty period specified in the relevant Purchase Order, the Soft-
ware (but not Updates) shall function in material accordance with the Specifi-
cations, provided the Software is used in the manner permitted in the forego-
ing license, on the Specified Computer Facility and in accordance with the con-
ditions of installation, use and operation set forth in the Product description.
Licensor does not warrant that the Software will be free of defects, run
without interruption, meet the expectations of Licensee, or function in combi-
nation with the hardware or software products of third parties, or that all pro-
gram errors will be corrected. In addition to the foregoing, in order for a defect
in the Software to be sufficiently material so as to violate the warranty set
forth in letter (b) above of this paragraph, the defect must cause the Software
- while being used in the manner permitted in the foregoing license - to func-
6 Leica Geosystems Software Licence Agreement