marine rescue sMRT V100, Руководство пользователя

Страница: 29 / 40

MRT Ltd. © 2014
sMRT V100 User Manual
v2.0
29
(ii) store the Equipment (at no cost to the Supplier) in satisf actory conditions and separately f rom all the
Customer's other equipment or that of a third party , so that it remains readily identif iable as the Supplier's
property ;
(iii) not destroy , def ace or obscure any identif y ing mark or packaging on or relating to the Equipment;
and
(iv ) keep the Equipment insured on the Supplier's behalf f or its f ull price against all risks with a reputable
insurer, ensure that the Supplier's interest in the Equipment is noted on the policy , and hold the proceeds
of such insurance on trust f or the Supplier and not mix them with any other money , nor pay the proceeds
into an ov erdrawn bank account.
(d) The Customer's right to possession of the Equipment bef ore ownership has passed to it shall terminate
immediately if any of the circumstances set out in clause 17 arise or if the Customer encumbers or in
any way charges the Equipment, or if the Customer f ails to make any pay ment to the Supplier on the due
date.
(e) The Customer grants the Supplier, its agents and employ ees an irrev ocable licence at any time to
enter any premises where the Equipment is or may be stored in order to inspect it, or where the
Customer's right to possession has terminated, to remov e it. All costs incurred by the Supplier in
repossessing the Equipment shall be borne by the Customer.
(f ) On termination of the Contract f or any reason, the Supplier's (but not the Customer's) rights in this
clause 8 shall remain in ef f ect.
(g) The Supplier may appropriate pay ments by the Customer to such Equipment as it thinks f it,
notwithstanding any purported appropriation by the Customer to the contrary .
9 Inspection and Testing of Equipment
The Supplier shall:
(i) test and inspect the Equipment on deliv ery to ensure that it complies with the requirements of the
Contract; and
(ii) if so requested by the Customer, giv e the Customer reasonable adv ance notice of such tests (which
the Customer shall be entitled to attend).
10 Software Licence
(a) If the Supplier ref ers to a sof tware licence in its acknowledgment of order, the price of the Equipment
includes the licence f ee f or the Customer's right to use the Sof tware.
(b) If the Customer is prov ided with any operating sy stem sof tware licence in respect of the Sof tware,
the Customer shall sign and return it to the Supplier within sev en day s of installation of the sof tware,
unless the licence has been supplied on a "shrink-wrap" or "click-wrap" basis.
(c) If no sof tware licence has been prov ided to the Customer, the Customer hereby accepts a non-
exclusiv e licence to use the object code of the Sof tware in conjunction with the Equipment f or the
Customer’s own internal purposes in accordance with the documentation (if any ) prov ided with the
Sof tware on the f ollowing conditions:
(i) the Customer shall not copy (except to the extent permissible under applicable law which is not capable
of exclusion by agreement) or reproduce, translate, adapt, v ary or modif y the sof tware, nor communicate
it to any third party , without Supplier's prior written consent;
(ii) the Customer shall not use the Sof tware on any equipment other than the Equipment, and shall not
remov e, adapt or otherwise tamper with any copy right notice, legend or logo which appears in or on the
Sof tware on the medium on which it resides;
(iii) such licence shall be terminable by either party on 28 day s' written notice, prov ided that the Supplier
may terminate only if the continued use or possession of the Sof tware by the Customer inf ringes the
dev eloper's or a third party 's rights, or the Supplier is compelled to do so by law, or if the Customer has
f ailed to comply with any term of the Contract; and
(iv ) on or bef ore the expiry of this licence, the Customer shall return to the Supplier all copies of the
Sof tware in its possession.
(d) The Customer's Sof tware licence under clause 10(c) is transf erable by the Customer, subject to the
Customer prov iding to the Supplier the name, address and location of transf eree and pay ment of any
applicable f ees to the extent permissible under local laws. The Customer will immediately upon transf er