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LibreStream n_sight MCD2000 User Manual

1.11 “Purchase Order” means the

purchase order or other documentary

evidence of any nature or kind

whatsoever that is related to this

Agreement and that was submitted

to and accepted in writing by

LibreStream.

1.12 “Software” means, collectively,

the LibreStream Software and the

Third Party Software, and includes:

(a) all of the contents of the files,

disk(s), CD-ROM(s) or other media

with which this Agreement is

provided or which are installed on

any LibreStream Product (including

firmware) or which are made

available online by LibreStream or

any Third Party Licensor including:

(i) all LibreStream or Third

Party Licensor computer information

or software; and

(ii) any and all related

instructional or supplementary

documentation in human or machine

readable form supplied or otherwise

made available by LibreStream or

any Third Party Licensor; and

(b) all Upgrades in respect of which

Licensee has paid the applicable

license, maintenance and/or support

fee.

Some of the Software may require

activation – Licensees should consult

the Purchase Order, the

documentation that accompanies the

Software and/or the LibreStream

website at www.librestream.com for

further information in this regard.

1.13 “Third Party Licensors” means,

collectively, those third parties who

are the respective owners of the

Third Party Software, and “Third

Party Licensor” means any such third

party.

1.14 “Third Party Software” means

the software of a person other than

LibreStream that is embedded with

the LibreStream Software or that is

otherwise provided to a Licensee by

LibreStream along with the

LibreStream Software.

1.15 “Third Party Software License

Agreement” means a license

agreement for a particular Third

Party Software product, in the form

attached to this End User License

Agreement as a Schedule or in the

form expressly referenced in any

such Schedule.

1.16 “Upgrades” means all upgrades,

modified versions, updates, additions

and copies of any Software (including

related documentation) which are

provided, installed or made available

online or otherwise by LibreStream or

any Third Party Licensor.

1.17 “use” or “using” includes

accessing, downloading, installing or

copying any of the Software or

otherwise benefiting from the

functionality of any of the Software

and/or any LibreStream Product.

2. LIMITED LICENSE.

2.1 Subject to Licensee's strict

compliance with the terms and

conditions of this Agreement,

LibreStream hereby grants to

Licensee, during the term of this

Agreement, a worldwide, non-

transferable, non-exclusive,

revocable, royalty-free limited license

to use the Software for Licensee’s

internal business purposes and for no

other purpose whatsoever. For

greater certainty:

(a) some of the Third Party Software

is licensed to Licensee in accordance

with the provisions of the Third Party

Software License Agreement

applicable thereto, which Licensee

acknowledges reading and agrees is

binding on Licensee;

(b) all of the LibreStream Software

and all Third Party Software that is

not subject to a Third Party Software

License Agreement is licensed to

Licensee in accordance with the

terms and conditions of this End User

License Agreement; and

the part of Licensee or those for

whom it is responsible in law with the

terms and conditions of this End User

License Agreement or with the

provisions of any Third Party

Software License Agreement shall

constitute default and non-

compliance by Licensee with this End

User License Agreement and all Third

Party Software License Agreements.

2.2 Use of the Software pursuant to

this Agreement shall be limited to the

single LibreStream Product and to a

single Computer as set forth in the

applicable Purchase Order and for

which Licensee has paid to the

LibreStream the required license fee.

2.3 Any use of the Software which is

not expressly authorized by this

Agreement is strictly prohibited.

Without limiting the generality of the

foregoing and notwithstanding any

other provision of this Agreement, in

no event may Licensee do any of the

following or permit any third party to

do any of the following:

(a) transfer, assign or sublicense any

of its license rights to any other

person, or use the Software or any

portion thereof on any unauthorized

or secondhand LibreStream Product

or on any Computer(s) other than

the specific Computer(s) on which

the Software is licensed to be used -

any such transfer, assignment,

sublicense or use shall be null and

void; or

(b) distribute, license, sublicense,

rent, lease or sell the Software or

any portion thereof as a standalone

product - any such distribution,

license, sublicense, rent, lease or

sale shall be null and void; or

otherwise modify or adapt the

Software or any portion thereof; or

(d) reverse engineer, decrypt,

disassemble or decompile the

Software or any portion thereof, or

otherwise reduce the Software of any

portion thereof to human-readable

form, except to the extent otherwise

expressly permitted under applicable

law notwithstanding this prohibition;

(e) create any derivative works

based upon the Software or any

portion thereof or take any actions

that would cause the Software or any

portion thereof to become subject to

the GPL, the LGPL or any other open

source license (unless that portion is

already expressly subject to the GPL,