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License Agreement
THIS LICENSE SETS FORTH THE TERMS UNDER WHICH WYSE TECHNOLOGY INC. AND/OR ITS LICENSORS (collectively referred to as “Licensor”) IS WILLING TO LICENSE THE SOFTWARE WHICH IS OWNED BY WYSE TECHNOLOGY INC. OR ITS LICENSORS TO YOU. LICENSOR IS WILLING TO LICENSE THE ENCLOSED SOFTWARE TO YOU ONLY IF YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE UNPACKING AND USING THE TERMINAL. BY UNPACKING AND USING THE TERMINAL, YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THESE TERMS, LICENSOR IS UNWILLING TO LICENSE THE SOFTWARE TO YOU, AND YOU SHOULD NOT UNPACK AND USE THE TERMINAL. IN SUCH CASE, PROMPTLY RETURN THE PRODUCT AND ALL ACCOMPANYING MATERIALS AND YOU WILL RECEIVE A REFUND OF YOUR MONEY.
License Grant
Licensor grants to You, the Licensee, a non-exclusive right, during the term of this License, to install and use the Firmware program (“Firmware”) or Application program (“Application”) solely in conjunction with your Wyse-manufactured hardware (“Terminal”) in object code only. You have the right to use this Firmware by loading it onto a computer(s) containing the capability of transferring the Firmware (in whole or in part) to the Wyse-manufactured Terminal. You also have the right to load the Application onto a computer(s) containing the capability of communicating to the Wyse-manufactured Terminal. “Firmware” and “Application” shall collectively be known as “Software” as used in this License. You may use the Software in this fashion as many times as is permitted by your paid-up license fees, so long as such use is always in conjunction with your Terminal. The Software may contain programs or codes (“Licensed Components”) which have been licensed or sublicensed to Licensor by third parties (“Third-Party Producers”). Such Licensed Components shall be included within the term “Software”) as used in this License. Subject to the express terms of this License, all right, title, and ownership interest in and to the Software and all related materials, and in any and all related patents, trademarks, copyrights, or proprietary or trade secret rights therein shall remain the sole property of the Licensors, each of whom shall retain all rights not expressly granted in this License. You shall not have the right to inspect, possess, use, or copy the source code (or any portion thereof) used to create the Software.
Patent and Copyright
The Software and all related documentation are protected by patent, copyright and other intellectual property laws. You may copy and use the Software and related documentation only as expressly permitted in this License. You must reproduce and maintain all proprietary marks, legends, and copyright notices that appear in or on the Software and related materials, or any portion thereof, on any copies of the Software that you make or use. Third-Party Producers named in such copyright notices shall each have the right to enforce provisions of this License.
Restrictions on Transfer
You may not sublicense, assign or transfer the Software or ownership of the Terminal and equipment, including the right to use the Software, this License, or any rights or obligations hereunder, either in whole or in part, to any third party unless such third party agrees in writing to the terms of this License.