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HFA3 Instructions for Use
2660021166131 Rev. A 2018-11
Legal Notices
D-3
otherwise agreed to in writing between You and ZEISS. You (a) will provide ZEISS with access to
such Data and (b) hereby grant and will grant to ZEISS the right to use such Data, in each case (a)
and (b) solely for the purpose of providing maintenance and support services in connection with the
Software. For the avoidance of doubt, You own the physical media, HFA3, on which the Software is
originally or subsequently recorded or fixed, but You understand and agree that ZEISS and Third
Party Licensors retain title and ownership to the Software and all subsequent copies Software
thereof.
2.4
No Support. ZEISS has no obligation to provide support, maintenance,
corrective updates, upgrades, modifications or new releases of the Software under this Agreement.
ZEISS may create updated or upgraded versions of the Software, which You may purchase
separately.
2.5
No Obligations. Third Party Licensors are not required to perform any
obligations or incur any liability pursuant to this Agreement that have not been previously agreed to
between ZEISS and the Third Party Licensor.
2.6
Other Third Party Software. In addition to the Software licensed under this
Agreement, certain software provided by Third Party Licensors (including open source and
off-the-shelf software) may be appropriate or necessary for use with the Software or the hardware
on which the Software operate, and are licensed to You under separate terms and conditions, as
specified in
Addendum A Additional Terms for Off-the-Shelf Software
or in the
Documentation (such software, the “Other Third Party Software”). You may only use the Other Third
Party Software with the applicable software package as set forth in the terms and conditions under
which such software is licensed. To the extent that the terms and conditions of such license are
inconsistent with or contrary to the terms and conditions of this Agreement (including the licenses
granted under this Agreement and any limitations or restrictions on those licenses, disclaimers of
warranties and indemnification obligations), then the terms and conditions of the applicable license
for the Other Third Party Software will prevail and control, but solely with respect to the Other Third
Party Software. You acknowledge that the any license agreement for Other Third Party Software is
solely between You and the applicable Third Party Licensor and You will comply with the terms of
any such license.
Additional Terms for Oracle Programs. In addition to the terms set forth in the body of this
Agreement, certain additional terms apply to the use of software, hardware and services provided
by Oracle America, Inc. (“Oracle”). Such additional terms are set forth in
Additional Terms for Oracle Software, Hardware and Services
.
3.
A
UDIT
.
ZEISS may (i) audit Your use of the Software and (ii) require You to provide reasonable assistance
and access to information in the course of such audit and permit ZEISS to report the audit results to
Third Party Licensors, or to assign ZEISS’ right to audit Your use of the Software to such Third Party
Licensor. Where ZEISS assigns its
right to audit to a Third Party Licensor, the Third Party Licensor will
not be responsible for any of ZEISS’ or Your costs incurred in cooperating with the audit.
4.
N
O
W
ARRANTIES
ZEISS AND THE THIRD PARTY LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, EITHER
EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SOFTWARE PROVIDED UNDER THIS
AGREEMENT OR THE HARDWARE ON WHICH THE SOFTWARE OPERATES. SUCH SOFTWARE AND
Содержание Humphrey Field Analyzer 3
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