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Customer shall take all steps necessary to protect Wind River's and
its licensors' proprietary rights in the Run-Time Module and to
ensure that each Run-Time Module distributed by Customer will be
accompanied by a localized copy of an End User License
Agreement.
Such End User License Agreement shall prohibit the End User from:
(i) copying the Run-Time Module, except for archive purposes
consistent with the End User's archive procedures; (ii) transferring
the Run-Time Module to a third party apart from the Target
Application; (iii) modifying, decompiling, disassembling, reverse
engineering or otherwise attempting to derive the Source Code of
the Run-Time Module; (iv) exporting the Run-Time Module or
underlying technology in contravention of applicable U.S. and
foreign export laws and regulations; and (v) using the Run-Time
Module other than in connection with operation of the Target
Application.
In addition, the End User License Agreement shall: (i) state that the
Run-Time Module is licensed, not sold and that Customer and its
licensors retain ownership of all copies of the Run-Time Module; (ii)
expressly disclaim all implied warranties, including without
limitation the implied warranties of merchantability, fitness for a
particular purpose, title and non-infringement; (iii) exclude liability
for any special, indirect, punitive, incidental and consequential
damages; and (iv) require that any further distribution of the
Run-Time Module be subject to the same restrictions set forth
herein.
The End User License Agreement shall also state that, with respect
to the Run-Time Module, Wind River and its licensors are third
party beneficiaries of the End User License Agreement and that the
provisions related to the Run-Time Module are made expressly for
the benefit of, and are enforceable by, Wind River and its licensors.
