END USER AGREEMENT
1.
DEFINITIONS
“Start Date”
means the date from which the Licensed Product was shipped.
“MMR”
means MMR Technologies, Inc. and its subsidiaries, or, as the context so applied, any of them.
“Documentation”
means any documentation provided to you by us (whether electronic or printed) which
accompanies the Licensed Product.
“End User Agreement”
means the terms and conditions set out in this agreement.
“Licensed Product”
means all or each (as the context so allows) of the hardware which is licensed to you.
2.
COPYRIGHT AND OWNERSHIP
The End User has full and complete ownership of the hardware, documentation and accessories supplied at
the time of purchase the Start Date. Your obligations under the End User License Agreement in respect to
the intellectual property and confidential information of MMR or any of its products shall survive any expiry
or termination of the End User License Agreement. MMR products contain patented proprietary designs
which remain at all time the property of MMR Technologies, Inc.
3.
RIGHTS AND RESTRICTIONS
3.1.
LICENSE TERM:
The End User License Agreement starts at the time of shipment of the Elan2Digital Liquid
Nitrogen Generator, “product of MMR”.
3.2.
RIGHTS:
We grant to you a non-exclusive right to:
3.2.1.
Use the Licensed Product, subject to the terms and conditions contained within this End User License
Agreement, for your own commercial purposed (the “Purpose”).
3.3.
RESTRICTIONS:
You are not permitted to:
3.3.1.
Modify the Licensed Product except as necessary to configure the Licensed Product as outlines in the
User Manual.
3.3.2.
Reverse engineer, disassemble or decompile the Licensed Product or any portion thereof or otherwise
attempt to derive or determine the source code or the engineering therein.
3.3.3.
Use the Licensed Product for the purposes of competing with MMR, including, without limitation,
competitive intelligence.
3.3.4.
Use the product in a way not described in the documentation without first obtaining written permission
from MMR Engineering.
4.
WARRANTY
4.1.
We warranty to you that the Licensed Product will perform substantially in accordance with the
Documentation, provided that it is operated in accordance with the Documentation in the designated
configuration and that the Documentation describes the operation of the Licensed Product in all
material respects.
4.2.
You must tell us about any fault with the Licensed Product as soon as is reasonably possible following
discovery of such fault. If you notify us of a fault with the Licensed Product, we will endeavor to correct
or replace the Licensed Product and/or Documentation within a reasonable time.
4.3.
You agree that your use of the Licensed Product is and will continue to be in accordance with all
applicable laws and regulations
4.4.
You shall be liable for any reasonably foreseeable losses that arise from your use of the Licensed Product
in breach of this End User License Agreement.
4.5.
Nothing in this End User License Agreement shall affect your statutory rights. If you have any doubts as
to your statutory rights then you should contact your local advice center.
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