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END-USER SOFTWARE LICENSE AGREEMENT

RF-6800 USB Radio Data Adapter

IMPORTANT - READ CAREFULLY: This Harris End-User License Agreement ("Agreement ") is a
legal Agreement between you (either an individual, governmental, or corporate entity) and Harris
Corporation for the Harris software product identified above and associated media and printed
materials, and may include "online" or electronic documentation (together, the "SOFTWARE"). By
installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of
this Agreement. If you do not agree to the terms of this Agreement, you are not authorized to use
the SOFTWARE and you must return it.

In consideration of the valuable promises and mutual covenants contained herein, the above-
identified parties agree as follows:

1. DEFINITIONS

§ "Licensed Program" means the object code version of the RF-6800 USB Radio Data
Adapter Driver Software, and related Documentation, including associated media and
printed materials, including components and run-time modules licensed from third
party providers, and may include software and documentation that were received
“online” or electronically.
§ "Revisions" means alterations to the Licensed Program to correct generic errors
discovered in the Licensed Program.
§ "Modifications" means alterations to the Licensed Program to enable it to perform in
conjunction with other computer software products or to perform specialized functions
in specific applications.
§ "Enhancements" means alterations to the Licensed Program to provide: additional
features or functions or utilities; increased capabilities to the existing functions or
utilities; or, decreases in code mass and required storage capacity for functionally
equivalent code.

2. LICENSE GRANT

Subject to the terms and conditions contained herein HARRIS hereby grants to Customer a
non-exclusive, non- transferable, personal license, without sublicensing rights, to use the
Licensed Program only on one computer system at a time, solely in conjunction with
equipment obtained from HARRIS or its suppliers, without the right to transfer the Licensed
Program electronically from one computer to another over a network, and without rights to
use the Licensed Program as the basis for or a component of any service or product
provided to any other person, corporation, academic institution or governmental agency,
except that:

a.) Customer may transfer the Licensed Program and this license along with the sale of
the equipment in which Licensed Program is installed, if any; and
b.) Customer may permanently transfer all of your rights under this Agreement, provided
that you retain no copies, you transfer all of the Licensed Program (including all
component parts, the media and printed materials, any upgrades, this Agreement,
and, if applicable, the Certificate of Authenticity), and the recipient agrees to the
terms of this Agreement.

Nothing in this Agreement shall be construed as giving Customer any right to sell, assign,
lease, or in any other manner transfer or encumber HARRIS's ownership of Licensed
Program.

This license is effective until terminated by either party. HARRIS may terminate this license
upon breach of any of the terms and conditions of this license agreement by Customer.
Customer may terminate this license at any time by destroying the Licensed Program, and
all copies thereof, and informing HARRIS in writing of the destruction and termination of the
license.

3. INSTALLATION, TRAINING AND MAINTENANCE

Customer hereby accepts Licensed Program as delivered, with determination of applicability


for desired use, installation, conversion of existing data, training and maintenance being the
sole responsibility of Customer.

4. OWNERSHIP

Customer is given possession of a copy of the Licensed Program with this Agreement, but
HARRIS or its licensors shall at all times retain title or full ownership interest in such
Licensed Program and all Revisions, Modifications and Enhancements thereof, regardless
of the form or media in or on which the original and other copies thereof may subsequently
exist. All rights, title and copyrights in and to the Licensed Program (including, but not
limited, to any images, photographs, animations, video, audio, music, text, and “applets”
incorporated into the Licensed Program), the accompanying printed materials, and any
copies of the Licensed Program are owned by Harris and/or its licensors. Nothing contained
herein shall be deemed to convey any title or ownership interest in the Licensed Program to
Customer.

5. CUSTOMER OBLIGATIONS

a.) Customer shall not duplicate the Licensed Program, or any portion thereof, except
Customer may make one (1) copy for archival purposes. The media containing
such authorized copy shall have prominently placed thereon the same copyright
notices and Proprietary legends and markings that are on the delivered Licensed
Program media.
b.) Customer shall not itself, or with the assistance of others, revise, modify or enhance
the Licensed Program or seek to decompile, disassemble, reverse engineer, or to
perform any other operation on Licensed Program to recover any portion of the
program listing, object code or source code or any information contained therein.
c.) The Licensed Program is licensed as a single product and neither the individual
programs or modules comprising the Licensed Program nor any update may be
separated for use by more than one concurrent user. Customer may not utilize or
run any included run-time modules other than in connection with the operation of
the Licensed Program.
d.) Customer may not rent, distribute, market or lease the Licensed Program to others,
nor use the Licensed Program in conjunction with a service bureau operation.
Customer is prohibited from displaying, in whole or in substantial part, the visual
output of the Licensed Program other than on the display unit attached to the
computer on which it is operating.
e.) The act of copying any portion of the Licensed Program as authorized hereunder
shall not cause, or be construed as causing, any portion thereof to be considered as
being in the public domain or generally available to the trade on a nonproprietary
basis. All such copies shall be treated as confidential as required for original
information under Article 5.

6. LIMITED WARRANTY

HARRIS warrants that the media on which the software is delivered to be free from defects
in materials and workmanship under normal use for a period of ninety (90) days from the
date of delivery to Customer. If, during this 90 day period, a defect in the media should
occur, the software should be returned to HARRIS at the address noted above, and
HARRIS will replace the software at no cost to Customer. HARRIS MAKES NO OTHER
WARRANTS OR REPRESENTATIONS REGARDING THE USE OF, OR THE RESULTS
OBTAINED FROM THE USE OF, LICENSED PROGRAM IN TERMS OF CORRECTNESS,
ACCURACY, RELIABILITY, ABILITY TO MEET CUSTOMER REQUIREMENTS, OR
OTHERWISE, AND CUSTOMER RELIES ON THE LICENSED PROGRAM AND RESULTS
OBTAINED THEREFROM AT ITS OWN RISK. SHOULD THE LICENSED PROGRAM
PROVE DEFECTIVE, CUSTOMER, AND NOT HARRIS, ASSUMES THE ENTIRE COST
OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.

THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER


WARRANTIES WHETHER STATUTORY, EXPRESS OR IMPLIED (INCLUDING ALL
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE,
ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, AND
ALL WARRANTIES OF TITLE AND NON-INFRINGEMENT OF THIRD PARTY
INTELLECTUAL PROPERTY RIGHT), WITH RESPECT TO THE SOFTWARE OR
DOCUMENTATION OF THE LICENSED PROGRAM FURNISHED BY HARRIS UNDER
THIS AGREEMENT OR ANY USE OF SUCH SOFTWARE OR DOCUMENTATION BY THE
CUSTOMER.

Action by HARRIS in the manner provided above shall constitute complete fulfillment of all
the warranty liabilities of HARRIS whether the claims of the Customer are based in contract,
in tort (including negligence and strict liability) or otherwise with respect to or arising out of
the Software or Documentation furnished hereunder.

7. LIMITATION OF LIABILITY

HARRIS's entire liability, and Customer's exclusive remedy, shall be the replacement of any
defective media meeting HARRIS's Limited Warranty and which is returned to HARRIS.
HARRIS, ITS SUBCONTRACTORS AND SUPPLIERS OF ANY TIER, SHALL NOT BE
LIABLE IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY)
OR OTHERWISE FOR DAMAGE OR LOSS OF OTHER PROPERTY OR EQUIPMENT,
LOSS OF PROFITS OR REVENUE, LOSS OF USE OF EQUIPMENT OR POWER
SYSTEM, COST OF CAPITAL, COST OF PURCHASED OR REPLACEMENT OR
TEMPORARY EQUIPMENT (INCLUDING ADDITIONAL EXPENSES INCURRED IN USING
EXISTING FACILITIES), CLAIMS OF CUSTOMERS OF CUSTOMER, OR FOR ANY
SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER
EVEN IF HARRIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8. U.S. GOVERNMENT CONTRACTS

Customer agrees that it will not use the Licensed Program in the performance of a contract,
or subcontract, with the U.S. Government in a manner so as to affect HARRIS's rights to
Licensed Program. If Customer desires to use the Licensed Program in the performance of
a contract, or subcontract, with the U.S. Government, prior to such use Customer shall
consult with HARRIS as to the procedures and use of restrictive markings required to
protect the ownership interest of HARRIS.

If the Customer is an agency or department of the U.S. Government, then the following
notice applies: The Licensed Program is Commercial Computer Software as defined in
DFARS 227-7201 et seg.(June, 1995) or any equivalent regulations of other governmental
agencies, and the rights of the U.S. Government to utilize the Licensed Program are those
expressly set forth in this Agreement. The U.S. Government does not receive unlimited
rights to the Licensed Program. The contractor is Harris Corporation, 1025 West NASA
Boulevard, Melbourne, FL 32919.

9. EXPORT CONTROL

The export regulations of the United States prohibit, except under a special validated
license, the export from the United States of technical data relating to certain commodities
unless the exporter has received written assurance from the foreign importer that the
technical data will not be further exported to certain countries. Customer agrees to comply
fully with all relevant regulations of the United States to assure that no violation of such
regulations or of the authorizing legislation therefore shall occur.

Customer agrees that all activities performed by Customer in connection with this
Agreement, including but not limited to use of the Licensed Program under license by
foreign affiliates of Customer’s organization or distribution of the Licensed Program, the
accompanying Documentation and any other materials provided by Harris, shall be carried
out in accordance with all applicable laws and regulations of the United States. Customer
further acknowledges that violations of these laws and regulations include, but are not
limited to, exporting or re-exporting, or otherwise supplying or providing access to the
Licensed Program, the accompanying documentation or any other materials provided by
Harris, any country against which the United States imposes trade sanctions or export
controls; (b) persons on the U.S. Commerce Department's Denied Parties List or Entity List,
the U.S. Treasury Department's Specially Designated Nationals List, or the U.S. State
Department's List of Debarred Parties; (c) end uses related to nuclear weapons, missile
technology, or chemical/biological weapons; or (d) any destination for which an export
license is required.

Customer further acknowledges that the Licensed Program, Documentation and any other
materials provided by Harris are controlled for export purposes by either the U.S. State
Department or the U.S. Commerce Department, and depending on which agency has
jurisdiction over these items different restrictions on export, re-export, and use activities will
apply. Customer agrees that it is Customer’s responsibility to determine which of these U.S.
agencies has export control jurisdiction over the Licensed Program, Documentation and any
other materials provided by Harris, and Customer hereby acknowledges that export
jurisdiction over these items may change from time to time. Therefore, Customer agrees to
abide by either or both articles 10.a. and 10.b. of this Agreement as may be applicable to
the Licensed Program, Documentation and any other materials provided by Harris.

a. Items Controlled by the U.S. State Department. In addition to the above, for Licensed
Program, Documentation and any other materials provided by Harris controlled for export
purposes by the U.S. State Department Customer specifically acknowledges (i) that these
items are U.S.-origin defense articles and are therefore subject to certain U.S. laws and
regulations, including but not limited to the U.S. International Traffic in Arms Regulations
("ITAR"), and (ii) that Customer is subject to these U.S. laws and regulations because
Customer is dealing in these defense articles. Customer further acknowledges that
violations of these laws and regulations include, but are not limited to, the export, sale,
transfer, disclosure, or other disposition of the Licensed Program, the Documentation and
any other materials provided by Harris, outside the U.S. or to any foreign person (including
foreign affiliate companies), whether in the U.S. or abroad, without prior approval from the
U.S. State Department (with certain limited exceptions). Subject to this paragraph,
Customer agrees that Customer will obtain prior written authorization from the U.S. State
Department in order to distribute any Documentation to any party.

b. Items Controlled by the U.S. Commerce Department. In addition to the above, for
Licensed Program, Documentation and any other materials provided by Harris controlled for
export purposes by the U.S. Commerce Department Customer specifically acknowledges
that (i) these items are U.S.-origin items and are therefore subject to certain U.S. laws and
regulations, including but not limited to the U.S. Export Administration Regulations ("EAR");
and (ii) Customer is subject to these U.S. laws and regulations because Customer is
dealing in U.S.-origin items. Customer further acknowledges that violations of these laws
and regulations include, but are not limited to, exporting or re-exporting the Licensed
Program, the Documentation and any other materials provided by Harris to any destination
for which an export license is required.

Subject to the above paragraph, Customer agrees that in all cases as necessary, Customer
will obtain prior written authorization from the U.S. Commerce Department in order to
distribute any Documentation to any party, as well as comply with any U.S. Commerce
Department requirements for re-exportation, such as prior technical review and post-export
reporting, as may be necessary.

Further, Customer agrees that any violation by Customer of any of these laws and
regulations will also constitute material breach of this Agreement, and Customer agrees to
indemnify Harris against any criminal or civil monetary sanctions, costs, losses or expenses
(including but not limited to reasonable attorneys' fees and costs) resulting from Customer’s
failure to comply. Customer agrees to defend, indemnify and hold Harris, and its officers,
directors, agents and employees harmless against all criminal and/or civil monetary
sanctions, costs, losses or expenses (including but not limited to reasonable attorneys' fees
and costs) incurred as a result of any failure on Customer’s part to comply with these laws.
Customer further agrees to notify Customer’s customers of, and to use best efforts to
ensure their compliance with, the restrictions imposed by these laws and regulations.

10. MAINTENANCE SUPPORT

HARRIS may, from time to time, issue updates to the Licensed Program incorporating
Revisions, Modifications and Enhancements to the Licensed Program. If HARRIS should
issue an update to the Licensed Program within ninety (90) days of the date of effectiveness
of this Agreement, HARRIS shall provide such update to Customer at no additional cost to
Customer. If such updates

are issued after ninety (90) days from the date of effectiveness of this Agreement, Customer
may obtain such update at HARRIS's then current price.

11. INTELLECTUAL PROPERTY INDEMNIFICATION

HARRIS shall, at its own expense and at its option, defend or settle any claim, suit, or
proceeding brought against the Customer, based on an allegation that Licensed Program
constitutes a direct or a contributory infringement of any claim of any U.S. patent, mask
work or copyright, or violation of any other intellectual property right of the U.S. or individual
State thereof. This obligation shall be effective only if Customer shall have made all
payments then due and if HARRIS is notified of said allegation promptly in writing and given
authority, information, and assistance for the settlement or defense of said claim, suit, or
proceeding. HARRIS shall pay all damages and costs assessed in such suit or
proceedings. In the event of a final adjudication by a court of competent jurisdiction that its
Licensed Program or part thereof infringes or violates any third party intellectual property
right or if the use or sale thereof is enjoined, or if the provisions of any negotiated settlement
Agreement prohibit the use of the Licensed Program, HARRIS shall at its option and its own
expense, either: (a) Procure for Customer the right to continue using Licensed Program; or
(b) Replace it with non-infringing software; or (c) Modify it so it becomes non-infringing; or
(d) If none of the above is commercially reasonably available, terminate the license to use
that portion of Licensed Program that is infringing or in violation and return to the Customer
its unused pro-rata portion of the price actually paid for the terminated portion based on a
useful life of three years.

The foregoing Licensed Program indemnity does not apply to the following: (1) Infringement
by a combination of Licensed Program Software with other software not furnished
hereunder unless HARRIS is a contributory infringer; (2) Infringement resulting from
changes made to Licensed Program by the Customer; and (3) Any settlements of a claim,
suit, or proceeding made without HARRIS's written consent.

The foregoing states the entire liability of HARRIS with respect to infringement or violation of
third party intellectual property rights by Licensed Program.

12. THIRD-PARTY SOFTWARE LICENSES

Licensed Program contains material original to HARRIS and may contain material provided
by third parties. License terms for third party material, if any, contained in the Licensed
Program are identified in the Appendix attached to the end of this license agreement, if any.
Each third party software license is incorporated herein verbatim from the source, and the
terms and conditions must be accepted prior to any use of the Licensed Program.

Adobe Reader is an optional application software product provided by Harris under a


redistribution agreement with Adobe. Customer must abide by the Adobe Reader EULA
provided with the aforementioned application software product.

13. GENERAL

a.) This Agreement supersedes all prior agreements, proposals, representations, and
communications between HARRIS and Customer relating to the subject matter
contained herein.
b.) The headings for each section are stated for convenience only and are not to be
construed as limiting.
c.) If a part of this Agreement is held unenforceable or invalid or prohibited under law, it
shall be struck from this Agreement and shall not affect the enforceability of the
other parts of this Agreement.
d.) Under the terms of this Agreement, Customer is a licensee of HARRIS. Customer is
not an employee, agent, partner, contractor or representative of HARRIS. The
respective obligations and rights of HARRIS and Customer are specifically limited
by the terms of this Agreement. Customer hereby specifically acknowledges that it
does not have authority to incur any obligations or responsibilities on behalf of
HARRIS.
e.) Customer acknowledges that any unauthorized use or disclosure of Licensed
Program will cause irreparable damage to HARRIS and that injunctive relief or other
equitable remedies may be necessary to prevent or minimize such damage to
HARRIS. Customer agrees that it will not contest the applicability of injunctive relief
on any grounds other that no unauthorized use or disclosure of Licensed Program
has occurred.
f.) Nothing in this Agreement shall limit HARRIS from using and licensing the Licensed
Program to other parties.
g.) This Agreement shall be interpreted under the laws of the State of Florida excluding
its conflict of laws provisions. If either party to this agreement shall claim that the
other party has breached the terms of this Agreement, the parties will use their best
efforts to resolve the dispute. If a dispute remains unresolved after a period of thirty
(30) working days, than either party to this Agreement may submit its claim to a
court of competent jurisdiction in Brevard County, Florida for adjudication in
accordance with the provisions of this Agreement.
h.) Both Harris and Customer agree to exclude application of the U.N. Convention of
Contracts for the International Sale of Goods to this Agreement, if it were otherwise
applicable.
i.) With respect to any run-time modules or other components included within Licensed
Program, HARRIS’ licensors are third party beneficiaries of this Agreement, and the
provisions herein related to such licensed modules are made expressly for the
benefit of, and are enforceable by, such licensor.

APPENDIX 1
THIRD-PARTY SOFTWARE LICENSES

1. END-USER LICENSE AGREEMENT FOR

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