Enclosure B
Agreement to use licensed software of UV-Radiometer ТКА-UV
IMPORTANT: READ THIS AGREEMENT CAREFULLY. THIS IS A LEGAL AGREEMENT BETWEEN TKA
SCIENTIFIC INSTRUMENTS AND YOU (ACTING AS AN INDIVIDUAL OR, IF APPLICABLE, ON BEHALF
OF THE INDIVIDUAL OR ENTITY ON WHOSE COMPUTER THE SOFTWARE IS INSTALLED). IF YOU
CLICK THE "ACCEPT" OPTION OR INSTALL THE SOFTWARE PRODUCT ACCOMPANYING THIS
AGREEMENT (THE "SOFTWARE") YOU WILL BE BOUND BY THIS AGREEMENT. You are not required
to accept these terms but, unless and until you do, the Software will not install and you will not be au-
thorized to use the Software.
If you do not wish to agree to these terms, please click "DO NOT ACCEPT" and obtain a refund of the
purchase price as follows:
* If you purchased a download, follow the instructions on the confirmation email you received in con-
nection with the purchase. Please allow thirty (30) days for the credit to be applied to your account.
* For all other purchases, destroy all copies of the Software you may have made (including archival
copies) and return the Software in its original package, along with your receipt, to the point of pur-
chase.
NOTICE: THE SOFTWARE MAY CONTAIN A "TIME OUT" FEATURE THAT WILL RENDER THE SOFT-
WARE INOPERATIVE AT THE END OF THE TERM (AS DEFINED BELOW).
END USER SOFTWARE LICENSE AGREEMENT
1. License Grant; Related Provisions.
a. Grant of License. TKA SCIENTIFIC INSTRUMENTS, subject to the terms and conditions of this
Agreement, hereby grants to you a non-exclusive and non-transferable license during the Term to use
the Software only in executable or object code form solely for your personal or internal business pur-
poses. This license authorizes you to use the Software on or in conjunction with up to (i) the number
of computers specified by your order for the Software, or (ii) in the case of Software purchased on a
CD or other physical medium, the number specified on the Software package, or (iii) if you received the
Software in combination with other hardware or software, solely in conjunction with such other hard-
ware or software.
b. Limitations. You shall not, and shall not permit any third party to, (i) duplicate the Software for
any purpose other than as reasonably necessary to use the same as contemplated by this Agreement
and for off-line archival and disaster recovery purposes, (ii) except for temporary transfer in the event
of computer malfunction, install the Software on a second computer, (iii) use any license number sup-
plied by TKA SCIENTIFIC INSTRUMENTS (each, a "License Number") in connection with more than one
(1) copy of the Software at any time, (iv) disclose any License Number to any party other than TKA
SCIENTIFIC INSTRUMENTS or, as required to obtain support services in respect of the Software, TKA
SCIENTIFIC INSTRUMENTS designated representatives, (v) publish the Software or any License Num-
ber or use the same other than for the purposes described in Section 1.a of this Agreement, (vi) except
as expressly authorized by law, reverse engineer, disassemble, decompile, translate, reconstruct,
transform or extract the Software or any portion of the Software (including without limitation any re-
lated malware signatures and malware detection routines), (vii) except as expressly authorized by law,
change, modify or otherwise alter the Software (including without limitation any related malware signa-
tures and malware detection routines), (viii) transfer, pledge, rent, share or sublicense the Software
other than in connection with the sale, lease, rental or other transfer of the computer on which it is ini-
tially installed, (ix) grant any third party access to or use of the Software on a service bureau, timeshar-
ing, subscription service or application service provider or other similar basis, or (x) defeat or circum-
vent, attempt to defeat or circumvent, or authorize or assist any third party in defeating or circumvent-
ing controls on the installation or use of copies of the Software.
c. Updates. TKA SCIENTIFIC INSTRUMENTS, from time to time during the Term, may provide up-
dates to the Software and/or the malware signatures included therein (each, an "Update"). Updates will
be deemed Software for all purposes under this Agreement. You acknowledge that you must routinely
download and permit installation of Updates in order to obtain maximum benefit from the Software. In
no event shall TKA SCIENTIFIC INSTRUMENTS be obligated to provide you with Updates following the
expiration or termination of this Agreement, and in its sole discretion may terminate updates for any
version of the Software other than the most current version, or for use of Software in connection with
versions of any third party operating systems, email programs, browser programs and other software
other than the most current version.
d. Customer Comments. TKA SCIENTIFIC INSTRUMENTS welcomes your comments concerning
the Software, including notice that you have experienced a Software failure, error or other malfunction
and suggestions for additional or different features and functions. Please email your comments and
suggestions to [email protected]. TKA SCIENTIFIC INSTRUMENTS shall have no obligation to respond
or act on to any such comments or suggestions, but you grant TKA SCIENTIFIC INSTRUMENTS a per-
petual, irrevocable, fully paid-up, royalty-free, worldwide right and license under your intellectual
property rights (if any) to implement your comments and suggestions in the Software and other prod-
ucts and services offered by TKA SCIENTIFIC INSTRUMENTS, its affiliates, and their respective licen-
sors, licensees, successors and assigns.
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