Nidek Medical RT-5100, Руководство оператора

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I
SOFTWARE LICENSE AGREEMENT
This SOFTWARE LICENSE AGREEMENT ("Agreement") is
an agreement between you, whether person or legal entity,
and NIDEK CO., LTD., a Japanese corporation, ("NIDEK")
for software supplied by NIDEK or its designee pursuant to
this Agreement, whether software alone or embedded soft-
ware in a NIDEK hardware product, whether on disk or in
read only memory, or on other media, or through an autho-
rized website or network, and any accompanying documents
or materials (including, but not limited to, operation manuals
and electronic documents for the software) (collectively,
"Software").
Our product may include a third party’s software which is
linked, whether dynamically or statically, with the Software
(the "Third-Party-Software"). The Third-Party-Software shall
not be included in the definition of the "Software" in this
Agreement. The rights and title of the Third-Party-Software
belong to the third party, and the terms of use of the Third-
Party-Software are set forth separately from this Agreement.
The terms in this Agreement will not apply to the use of the
Third-Party-Software except as expressly stipulated herein.
By using or installing the Software, you agree to be bound to
the terms and conditions of this Agreement. If you do not
agree with this Agreement, please do not use or install the
Software and return the Software to the company from which
you obtained the Software.
1. GRANT OF LICENSE
1.1. Subject to the terms and conditions set forth in this
Agreement, NIDEK grants to you, and you accept, a lim-
ited, non-transferable and non-exclusive license to use
the Software.
1.2. Unless otherwise agreed in writing by NIDEK or its des-
ignee, the license is limited to using the Software on a
single computer or a single NIDEK hardware product.
1.3. The Software is only to be used for its intended purpose
provided in the specifications, operation manual or
related documents in accordance with applicable laws
and regulations. If the Software is embedded software in
a NIDEK hardware product, you will use such Software
only as embedded software for the use of such NIDEK
hardware product.
1.4. For the license of the Software granted in this Agree-
ment, unless the license is granted by NIDEK or its des-
ignee explicitly free of charge, you will pay to NIDEK or
its designee the price for the Software, or if the Software
is embedded software in a NIDEK hardware product, the
price for the NIDEK hardware product in which the Soft-
ware is embedded.
2. INTELLECTUAL PROPERTY RIGHTS
2.1. NIDEK, or an owner of the Third-Party-Software, retains
any and all legal rights, title and interests in and to the
Software or the Third-Party-Software. Any and all rights
under copyright law, patent law, design law and other
intellectual property laws not expressly granted herein
are reserved by NIDEK or the owner of the Third-Party-
Software. The license granted herein will not be intended
as, or construed to be, any assignment of the rights of
NIDEK or the owner of the Third-Party-Software. The
Software and the Third-Party-Software are protected by
copyright and other intellectual property laws and inter-
national treaties.
3. LIMITATIONS
3.1. You may not use the Software for any products without a
license of the Software.
3.2. You may not analyze, reverse-engineer, decompile, disas-
semble or otherwise attempt to discover the source code
of the Software.
3.3. You may not alter, reproduce, modify, translate, adapt, or
divert the Software.
3.4. You may not remove, delete or change the copyright
notice or other legends of the Software.
3.5. You may not sell, distribute, rent, license, sublicense,
lease, assign or otherwise transfer the Software to third
parties, or operate the Software for the benefit of third
parties without prior written consent of NIDEK.
3.6. You may not create derivative works or cause or permit
others to create derivative works based upon the Soft-
ware without prior written consent of NIDEK.
3.7. You may not disclose operation manuals for the Soft-
ware to any third party without prior written consent of
NIDEK; provided, however, for the avoidance of doubt,
the "third party" in this section will not include doctors,
examiners, nurses, employees, patients and other per-
sons who need to know the Software.
3.8. You may not use NIDEK’s trademarks or trade names
without prior written consent of NIDEK.
4. EXPORT RESTRICTIONS
4.1. If you export or re-export, directly or indirectly, the Soft-
ware, you must comply with applicable export laws and
regulations of Japan and other countries, and obtain any
licenses or approvals required by governmental authori-
ties.
5. UPDATES
5.1. The Software and/or the Third-Party-Software may be, at
NIDEK’s own discretion, changed, updated or modified
from time to time without any prior notice to you. If such
changes, updates, and modifications are applied to the
Software licensed to you under this Agreement, such
changes, updates, and modifications will be deemed a
constituent part of the Software, and the terms and con-
ditions of this Agreement will apply to such changes,
updates, and modifications.
5.2. NIDEK may, at its own discretion, make amendments to
any provisions of this Agreement ("Amendments"), if
NIDEK deems (a) that such Amendments are appropri-
ate in terms of interests for customers of this Software, or
(b) that such Amendments are commercially reasonable
and not contrary to the objective of this Agreement. Prior
to the Amendments, NIDEK will notify you of the terms
and the effective date of such Amendments on the web-
site or by any other means.
6. TERMINATION
6.1. This Agreement is effective until terminated. If you
breach any term or condition of this Agreement, NIDEK
may, without giving any prior notice to you, terminate this
IMPORTANT—READ CAREFULLY
THIS AGREEMENT APPLIES TO THE NIDEK SOFT-
WARE AND ACCOMPANYING DOCUMENTS. PLEASE
READ THIS AGREEMENT CAREFULLY AND THOR-
OUGHLY BEFORE USING SOFTWARE.
V1.02_Eng
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Uncontrolled copy when printed.