Инструкция по эксплуатации Spectra Precision Survey Pro v5.4 — страница 2

SOFTWARE END USER LICENSE AGREEMENT

IMPORTANT READ THIS AGREEMENT CAREFULLY BY INSTALLING OR USING ALL OR ANY PORTION OF THE SOFTWARE YOU ARE ACCEPTING ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN AGREEMENT.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS DO NOT USE OR ACCESS THE SOFTWARE IF YOU HAVE PAID A LICENSE FEE FOR USE OF THE SOFTWARE AND DO NOT AGREE TO THESE TERMS YOU MAY RETURN THE SOFTWARE (ALONG WITH ANY HARDWARE ON WHICH IT WAS EMBEDDED IF APPLICABLE) FOR A FULL REFUND PROVIDED YOU (A) DO NOT USE THE SOFTWARE AND (B) RETURN THE SOFTWARE WITHIN THIRTY (30) DAYS OF YOUR INITIAL PURCHASE.

IF YOU WISH TO USE THE SOFTWARE AS AN EMPLOYEE CONTRACTOR OR AGENT OF A CORPORATION PARTNERSHIP OR SIMILAR ENTITY THEN YOU MUST BE AUTHORIZED TO SIGN FOR AND BIND THE ENTITY IN ORDER TO ACCEPT THE TERMS OF THIS AGREEMENT THE LICENSES GRANTED UNDER THIS AGREEMENT ARE EXPRESSLY CONDITIONED UPON ACCEPTANCE BY SUCH AUTHORIZED PERSONNEL.

IF YOU HAVE ENTERED INTO A SEPARATE WRITTEN LICENSE AGREEMENT WITH LICENSOR FOR USE OF THE SOFTWARE THE TERMS AND CONDITIONS OF SUCH OTHER AGREEMENT SHALL PREVAIL OVER ANY CONFLICTING TERMS OR CONDITIONS IN THIS AGREEMENT.

This End User License Agreement (“Agreement”) is between Trimble Navigation Limited located at 935 Stewart Drive Sunnyvale CA 94085 and/or its affiliates (“Licensor”) and the customer (individual or entity) that has downloaded or otherwise procured the licensed Software (as defined below) for use as an end user (“you”) This Agreement covers any Software and supporting technical documentation provided with the Software (“Documentation”).

1.Definitions

“Effective Date” means the earlier of the date you sign an Order Form or the date on which the Software is first made available to you.

“Order Form” means any order which is entered into by Licensor (or an authorized distributor or reseller of Licensor) and you under which you are provided the Software Each Order Form for the Software shall be deemed a part of this Agreement This Agreement is binding on you whether or not you executed an Order Form with Licensor Order Forms may not vary the terms of this Agreement Only a written agreement signed by Licensor (not a Licensor distributor or reseller) may vary the terms of this Agreement.

“Software” means the Licensor software product(s) provided in connection with this Agreement in object code form (or as otherwise specified in any related Order Form) “Software” shall also include any releases provided to or purchased by you under any separate support and maintenance agreement you may enter into with Licensor Unless otherwise noted the Software and Documentation are referred to collectively herein as “Software.”

“Third-Party Software” means any third-party software that is provided to you by Licensor under this Agreement or under separate terms and conditions.

“Licensor Supplier” means either Licensor or an authorized distributor or reseller of Licensor products or services which has entered into an Order Form with you.

2.License

2.1.Grant of License Subject to all of the terms and conditions of this Agreement Licensor grants you a non-transferable non-sublicensable non-exclusive license to use the Software in machine-readable form on any computer and operating system for which it was intended but solely (a) for your own internal business purposes at the location specified in the applicable Order Form (the “Site”); (b) in accordance with the Documentation; and (c) in accordance with any additional license term subscription term or other user seat computer field of use or other restrictions set forth in the applicable Order Form or otherwise specified upon purchase.

2.2.Installation and Copies Licensor shall make available the Software and Documentation by disk other media or as embedded in a device or make it available for download in electronic form Licensor shall also provide you with electronic passwords or other enabling mechanisms if necessary to permit the licensed usage of the Software All licenses shall commence and delivery shall be deemed to occur as of the Effective Date (or if later such date on which the Software and license keys are first made available to you) If your Order Form is with a Licensor distributor or reseller that distributor or reseller (and not Licensor) is solely responsible for delivery to you and Licensor has no liability for any failure to deliver If the Software requires license keys to operate as licensed to you Licensor or the applicable Licensor Supplier will deliver such license keys to you.

2.3.Software Intended to be Installed on Computers You may copy and install on your computers for use only by your employees the number of copies of the Software for which you have paid the applicable license fee You may transfer the Software from one computer to another computer provided that the computer to which the Software is transferred is located at the Site and the Software is completely removed and de-installed from the prior computer If you are permitted to install the Software on a network server and you transfer the Software from the site to a new location you must provide Licensor with written notice of the new site prior to such transfer You may also make a reasonable number of copies of the Software for back-up and archival purposes This Section 2.3 does not apply to any software embedded on devices.

2.4.License Restrictions You shall not (and shall not allow any third party to):
(a) decompile disassemble or otherwise reverse engineer the Software or attempt to reconstruct or discover any source code underlying ideas algorithms file formats or programming interfaces of the Software by any means whatsoever (except and only to the extent that applicable law prohibits or restricts reverse engineering restrictions); (b) distribute sell sublicense rent lease or use the Software (or any portion thereof) for time sharing hosting service provider or like purposes; (c) remove any product identification proprietary copyright or other notices contained in the Software; (d) modify any part of the Software create a derivative work of any part of the Software or incorporate the Software into or with other software except to the extent expressly authorized in writing by Licensor; (e) attempt to circumvent or disable the security key mechanism that protects the Software against unauthorized use (except and only to the extent that applicable law prohibits or restricts such restrictions); or (f) publicly disseminate performance information or analysis (including without limitation benchmarks) from any source relating to the Software If the Software has been provided to you as embedded in any hardware device you are not licensed to separate the Software from the hardware device If the Software has been: (i)
provided to you separately from a hardware device but is intended to be loaded onto a hardware device specified by Licensor (such as a firmware update or other Software programs that are designed for use on a specific hardware device such as surveying software) or (ii) provided to you pre loaded onto a specific hardware device your license is limited to use of the Software on the device specified by Licensor and for no other use.

2.5.Evaluation Software Subject to the terms and conditions of this Agreement and during the term of this Agreement Licensor may in its discretion provide you with pre-release beta or other software on an evaluation basis (“Evaluation Software”) You may use Evaluation Software solely for internal evaluation purposes for 30 days from receipt of the Evaluation Software (unless otherwise agreed by Licensor in writing) (the “Evaluation Period”) Unless you pay the applicable license fee for the Software the Evaluation Software may become inoperable and in any event your right to use the Evaluation Software automatically expires at the end of the Evaluation Period Evaluation Software shall be subject to all restrictions on Software set forth in this Agreement You shall treat all Evaluation Software as Confidential Information of Licensor and shall return or destroy any copies of Evaluation Software upon expiration of the applicable Evaluation Period Any and all suggestions reports ideas for improvement and other feedback of any type you provide regarding the Evaluation Software are the sole property of Licensor and Licensor may use such information in connection with any of its products or services without any obligation or restriction based on intellectual property rights or otherwise You acknowledge that all Evaluation Software is provided “AS IS” and may not be functional on any machine or in any environment THE WARRANTIES OF SECTION 6 DO NOT APPLY TO EVALUATION SOFTWARE LICENSOR AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES RELATING TO THE EVALUATION SOFTWARE EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE TITLE OR NON-INFRINGEMENT.

2.6.Internet-Based Services Components Licensor or its Suppliers or both may provide internet-based services with the Software which are used to transfer files between a hardware device Software and/or your personal computer which is used in connection with a hardware device provided by Licensor Licensor or its Suppliers may change or cancel such services at any time Your use of the Internet-based services will result in your consent to the transmission of information with or without a separate notice of connection between Licensor Licensor’s Supplier’s or either of their service provider computer systems over the Internet.

3.Ownership

Notwithstanding anything to the contrary contained herein except for the limited license rights expressly provided herein Licensor and its suppliers have and will retain all rights title and interest (including without limitation all patent copyright trademark trade secret and other intellectual property rights) in and to the Software and all copies modifications and derivative works thereof (including any changes which incorporate any of your ideas feedback or suggestions) You acknowledge that you are obtaining only a limited license right to the