Software License, Restrictions You may not

Software License

BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, DO NOT INSTALL, COPY OR USE THIS ELECTRONIC PRODUCT (SOFTWARE, FIRMWARE, SCRIPT FILES, OR OTHER ELECTRONIC PRODUCT WHETHER EMBEDDED IN THE HARDWARE, ON A CD OR AVAILABLE ON THE COMPANY WEB SITE) (hereinafter referred to as "Software").

1.License: NovAtel Inc. ("NovAtel") grants you a non-exclusive, non-transferable license (not a sale) to, where the Software will be used on NovAtel supplied hardware or in conjunction with other NovAtel supplied software, use the Software with the product(s) as supplied by NovAtel. You agree not to use the Software for any purpose other than the due exercise of the rights and licences hereby agreed to be granted to you.

2.Copyright: NovAtel owns, or has the right to sublicense, all copyright, trade secret, patent and other proprietary rights in the Software and the Software is protected by national copyright laws, international treaty provisions and all other applicable national laws. You must treat the Software like any other copy- righted material except that you may make one copy of the Software solely for backup or archival pur- poses (one copy may be made for each piece of NovAtel hardware on which it is installed or where used in conjunction with other NovAtel supplied software), the media of said copy shall bear labels showing all trademark and copyright notices that appear on the original copy. You may not copy the product manual or written materials accompanying the Software. No right is conveyed by this Agree- ment for the use, directly, indirectly, by implication or otherwise by Licensee of the name of NovAtel, or of any trade names or nomenclature used by NovAtel, or any other words or combinations of words proprietary to NovAtel, in connection with this Agreement, without the prior written consent of NovAtel.

3.Patent Infringement: NovAtel shall not be liable to indemnify the Licensee against any loss sus-

tained by it as the result of any claim made or action brought by any third party for infringement of any letters patent, registered design or like instrument of privilege by reason of the use or application of the Software by the Licensee or any other information supplied or to be supplied to the Licensee pursuant to the terms of this Agreement. NovAtel shall not be bound to take legal proceedings against any third party in respect of any infringement of letters patent, registered design or like instrument of privilege which may now or at any future time be owned by it. However, should NovAtel elect to take such legal proceedings, at NovAtel's request, Licensee shall co-operate reasonably with NovAtel in all legal actions concerning this license of the Software under this Agreement taken against any third party by NovAtel to protect its rights in the Software. NovAtel shall bear all reasonable costs and expenses incurred by Licensee in the course of co-operating with NovAtel in such legal action.

4.Restrictions: You may not:

(a)copy (other than as provided for in paragraph 2), distribute, transfer, rent, lease, lend, sell or sublicense all or any portion of the Software except in the case of sale of the hardware to a third party;

(b)modify or prepare derivative works of the Software;

(c)use the Software in connection with computer-based services business or publicly display visual output of the Software;

(d)transmit the Software over a network, by telephone or electronically using any means (except when downloading a purchased up[grade from the NovAtel web site); or

(e)reverse engineer, decompile or disassemble the Software.

You agree to keep confidential and use your best efforts to prevent and protect the contents of the Soft-

SMART-AG User Manual Rev 2