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LibreStream n_sight MCD2000 User Manual

the LGPL or any other open source

license, as expressly noted in any

Third Party Software License

Agreement); or

(f) use the Software or any portion

thereof to perform services for third

parties, whether on a service bureau

or time sharing basis or otherwise,

without the prior express written

consent of LibreStream.

2.4 The Software is licensed, not

sold, and is protected by the

countries and by international treaty

provisions. All right, title and interest

in and to the Software and any

copies thereof, regardless of form or

media, shall remain solely with

LibreStream or the Third Party

Licensors, as the case may be.

Except as expressly provided herein,

this Agreement does not grant

Licensee any rights under any of

LibreStream's or any Third Party

Licensor’s patents, copyrights, trade

secrets, trademarks or other

Intellectual Property rights.

LibreStream and each Third Party

Licensor retain all rights not explicitly

granted herein.

2.5 Licensee may make such limited

copies of the Software as are strictly

necessary for backup purposes only,

provided that Licensee will not

remove, obscure or destroy, and will

reproduce on all copies of the

Software so made, any LibreStream

and any Third Party Licensor names,

logos, copyright or other notices,

trademarks and other proprietary

markings which appear on the

Software.

2.6 Licensee is solely responsible for

any use by Licensee or by any third

party of any password issued to

Licensee by LibreStream or any

LibreStream distributor or other

representative, regardless of whether

or not any such third party use was

authorized by Licensee.

2.7 Licensee may provide

LibreStream or any LibreStream

distributor or other representative

with suggestions, comments or other

feedback regarding Licensee's

evaluation or use of the Software,

including but not limited to suggested

performance improvements to the

Software and/or any LibreStream

Product, code enhancements and/or

error corrections (“Feedback”).

Licensee agrees that any Feedback

shall be voluntarily given and that

any and all Feedback will

immediately and automatically

become the property of LibreStream,

and that LibreStream shall be

entitled to incorporate any Feedback

into the Software and/or any

LibreStream Product without any

compensation or other liability or

obligation of any nature or kind

whatsoever to Licensee.

3. UPGRADES.

3.1 Notwithstanding any other

provision of this Agreement:

(a) Licensee has no license or other

right to use any Upgrade unless

Licensee, at the time of acquiring

that Upgrade, already holds a valid

license to use the Software that is

the subject of that Upgrade and has

paid to LibreStream the applicable

license, maintenance and/or support

fee to use that Upgrade; and

(b) use of Upgrades is limited to the

LibreStream Product in respect of

which Licensee is the original end

user purchaser or lessee and/or to

the specific Computer(s) on which

the Software is licensed to be used,

unless Licensee is otherwise validly

licensed to use that Upgrade and

complies with Section 3.1(a).

4. AUDIT RIGHTS AND

INDEMNITY.

4.1 Licensee shall, within thirty (30)

days following Licensee’s receipt of

written request from LibreStream or

any LibreStream distributor or other

representative, fully document and

certify all uses of the Software that

Licensee has made within the period

of twelve (12) months prior to the

date of receipt of such request. In

addition, Licensee shall, upon

reasonable advance written notice

and during normal business hours,

provide access and allow LibreStream

or any LibreStream distributor or

other representative to inspect

Licensee’s books, records and

computer systems in order to confirm

Licensee’s compliance with this

Agreement.

4.2 In the event that any such

request response or audit determines

that Licensee is or was using the

Software in a manner that exceeds or

exceeded its license rights, Licensee

shall immediately pay to LibreStream

on demand any amount(s) that are

required to rectify such excessive

use. This remedy shall be in addition

to, and not in lieu of, any other right

or remedy that LibreStream may

have pursuant to this Agreement or

otherwise with respect to such

excessive use.

4.3 In the event that any such

request response or audit determines

that Licensee is otherwise not in

compliance with this Agreement, this

Agreement shall immediately

terminate as contemplated in Section

10.1. Such termination shall be in

addition to, and not in lieu of, any

other right or remedy that

LibreStream may have pursuant to

this Agreement or otherwise with

respect to such non-compliance.

4.4 Licensee shall indemnify

LibreStream and save LibreStream

harmless from and against any and

all losses, damages, liabilities, costs

and expenses (including, without

limitation, reasonable attorneys’

fees) that arise out of or are

attributable in any manner

whatsoever to any non-compliance

on the part of Licensee or those for

whom it is in law responsible with

any provision of this Agreement.

5. CONFIDENTIAL

INFORMATION. Licensee shall not

disclose to any third party, or use for

any purpose not expressly permitted

herein, any Confidential Information.

Licensee agrees to take all

reasonable measures to protect the

Confidential Information and to

prevent unauthorized disclosure

thereof, which measures shall be at

least as stringent as those measures

Licensee takes to protect its own