User's Manual
82
MORPHO® BRAND BIOMETRIC SOFTWARE END-USER
LICENSE
Important - Terms Govern Usage of Software
Please Read Carefully Prior to Commencement of Operations
This SMI End-User License Agreement («License») allows the acquirer of an SMI
biometric product (referred to in the following sections as the «End-User») to use the
proprietary SMI software provided with, and/or loaded into and resident in, the SMI
biometric product, so long as the End-User uses the SMI software strictly in accordance
with the terms and conditions of this License, below. This License is a binding legal
contract between the End-User and SMI, or its licensed reseller (sometimes referred
to hereafter generically as «Licensor»). By using the SMI software provided with,
and/or resident in the SMI biometric product in any way, the End-User agrees to be
bound by the License terms on a continuing basis. If the End-User does not agree to
the terms of this License, Licensor is unwilling to license the software to End-User.
In such event, End-User may not use the software, and End-User should promptly
contact the location from which the SMI Product was acquired for instructions on return
of the unused biometric product for a refund or credit.
1. GRANT OF RIGHTS. The SMI software provided with, and/or loaded into and
resident in, the biometric product, is licensed, not sold, to the End-User by Licensor,
and is protected by United States copyright and trade secret laws, as well as by other
intellectual property laws and international treaties. Licensor grants to the End-User
the right to use the copy of the SMI software originally loaded and resident in each
unit of the SMI biometric product acquired by End-User in object-code format, subject
to the following restrictions. End-User shall not use the SMI software in any computer,
computer system, or hardware conguration other than in the course of authorized
use of the SMI biometric product acquired by End-User. End-User shall not reverse
engineer, decom-pile, disassemble, or copy the SMI software (except, and then only to
the extent that such activity is expressly permitted by applicable law, notwithstanding
this limitation); nor shall End-User modify, create a derivative work, or otherwise use
the SMI software, except as stated in this License. End-User shall not copy the written
materials accompanying the SMI software, without the express written permission of
Licensor. End-User shall not remove, obscure or alter any notice of patent, trademark,
service-mark, copyright, or other proprietary rights related to the SMI software or the
SMI biometric product. End-User shall promptly notify Licensor of any unauthorized
use of the SMI software that comes to End-User’s attention. SMI reserves all rights
not expressly granted to the End-User hereunder.
2. TRANSFERABILITY. End-User may transfer the SMI software to another person
or entity with SMI’s prior written consent, which shall not be unreasonably withheld,
so long as: (1) the SMI software is transferred as an integral part of the SMI biometric
product to be transferred to a third party; (2) the SMI software is in its original format,
without modication (excepting authorized software upgrades installed by SMI, or
its licensed reseller); and (3) End-User transfers all of End-User’s rights under this
License on a permanent basis to the third party recipient AND the recipient agrees to
be bound by all terms of this
Software License