Psiber Data Systems RF3D Definitions, END User Rights and USE, Limitations on END User Rights

manual

1. DEFINITIONS

As used in this Agreement, the term „Software“ means, collectively: (i) all of the contents of the files (provided either by electronic download, on physical media or any other method of distribu- tion), disk(s), CD/DVD-ROM(s) or other media with which this Agreement is provided, (ii) all the contents of the disk(s), CD-ROM(s), electronic mail and its file attachments, including the object code form of the software delivered on physical media, electronic mail or Web page (iii) digital images, stock photographs, clip art, or other artistic work („Stock Files“) (iv) related explanatory written materials and any other possible documentation related thereto („Documentation“); (v) fonts (vi) upgrades, modified versions, updates, additions (collectively „Updates“), if any, licensed to You by Psiber under this Agreement.

„Use“ or „Using“ means to access, install, download, copy, or otherwise benefit from using the functionality of the Software in accordance with the Documentation.„Permitted Number“ means one (1) unless otherwise indicated under a valid license (e.g., volume license) granted by Psiber.

„Computer“ means an electronic device that accepts information in digital or similar form and manipulates it for a specific result

based on a sequence of instructions.

2. END USER RIGHTS AND USE.

Psiber grants to You a non-exclusive, non-transferable end user right to install the Software on the local hard disk(s) of one computer or other permanent storage media including a computer file server within your internal network and use the Software on a single computer or terminal at a time.

3. LIMITATIONS ON END USER RIGHTS.

You may not copy, distribute, or make derivative works of the Software except as follows:

(a)You may make one copy of the Software on physical media as an archival backup copy, provided Your archival backup copy is not installed or used on any computer. Any other copies You make of the Software are in violation of this Agreement.

(b)You may not use, modify, translate, reproduce or transfer the right to use the Software or copy the Software except as expressly provided in this Agreement.

(c)You may not resell, sublicense, rent, lease, lend the Software assign or transfer your rights in the

Software, or authorize all or any portion of the Software to be copied onto another user‘s Com- puter except as may be expressly permitted herein.

You may, however, transfer all your rights to Use the Software to another person or legal entity provided that: (a) you also transfer (i) this Agreement, and (ii) the Software and all other software or hardware bundled or pre-installed with the Software, including all copies, Updates and prior versions, to such person or entity, (b) you retain no copies, including backups and copies stored on a Computer, and (c) the receiving party accepts the terms and conditions of this Agreement and any other terms and conditions upon which you legally purchased a license to the Software. Notwithstanding the foregoing,you may not transfer education,pre-release,or not for resale cop- ies of the Software.

(d)You may not reverse engineer, reverse compile, disassemble or otherwise attempt to discover

41