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SMART-AG User Manual Rev 2 7
Software License
Software License
BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE PRODUCT, YOU AGREE
TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THESE
TERMS OF USE, DO NOT INSTALL, COPY OR USE THIS ELECTRONIC PRODUCT (SOFTWARE,
FIRMWARE, SCRIPT FILES, OR OTHER ELECTRONIC PRODUCT WHETHER EMBEDDED IN THE
HARDWARE, ON A CD OR AVAILABLE ON THE COMPANY WEB SITE) (hereinafter referred to as
"Software").
1. License
: NovAtel Inc. ("NovAtel") grants you a non-exclusive, non-transferable license (not a sale)
to, where the Software will be used on NovAtel supplied hardware or in conjunction with other NovAtel
supplied software, use the Software with the product(s) as supplied by NovAtel. You agree not to use
the Software for any purpose other than the due exercise of the rights and licences hereby agreed to
be granted to you.
2. Copyright
: NovAtel owns, or has the right to sublicense, all copyright, trade secret, patent and other
proprietary rights in the Software and the Software is protected by national copyright laws, international
treaty provisions and all other applicable national laws. You must treat the Software like any other copy-
righted material except that you may make one copy of the Software solely for backup or archival pur-
poses (one copy may be made for each piece of NovAtel hardware on which it is installed or where
used in conjunction with other NovAtel supplied software), the media of said copy shall bear labels
showing all trademark and copyright notices that appear on the original copy. You may not copy the
product manual or written materials accompanying the Software. No right is conveyed by this Agree-
ment for the use, directly, indirectly, by implication or otherwise by Licensee of the name of NovAtel, or
of any trade names or nomenclature used by NovAtel, or any other words or combinations of words
proprietary to NovAtel, in connection with this Agreement, without the prior written consent of NovAtel.
3. Patent Infringement
: NovAtel shall not be liable to indemnify the Licensee against any loss sus-
tained by it as the result of any claim made or action brought by any third party for infringement of any
letters patent, registered design or like instrument of privilege by reason of the use or application of the
Software by the Licensee or any other information supplied or to be supplied to the Licensee pursuant
to the terms of this Agreement. NovAtel shall not be bound to take legal proceedings against any third
party in respect of any infringement of letters patent, registered design or like instrument of privilege
which may now or at any future time be owned by it. However, should NovAtel elect to take such legal
proceedings, at NovAtel's request, Licensee shall co-operate reasonably with NovAtel in all legal
actions concerning this license of the Software under this Agreement taken against any third party by
NovAtel to protect its rights in the Software. NovAtel shall bear all reasonable costs and expenses
incurred by Licensee in the course of co-operating with NovAtel in such legal action.
4. Restrictions: You may not:
(a) copy (other than as provided for in paragraph 2), distribute, transfer, rent, lease, lend, sell or
sublicense all or any portion of the Software except in the case of sale of the hardware to a
third party;
(b) modify or prepare derivative works of the Software;
(c) use the Software in connection with computer-based services business or publicly display
visual output of the Software;
(d) transmit the Software over a network, by telephone or electronically using any means (except
when downloading a purchased up[grade from the NovAtel web site); or
(e) reverse engineer, decompile or disassemble the Software.
You agree to keep confidential and use your best efforts to prevent and protect the contents of the Soft-