End User License Agreement
SpectraGuard Sensor Installation Guide
iv
Customer, AirTight grants Customer a non-exclusive, non-transferable (except as provided in Section 9.5), non-
sub licensable license during the term of this EULA, to install and execute such Software and Hardware for
Customer's own business purposes. Each license is subject to the terms and conditions of this EULA, including
but not limited to this Section 3 and Customer's obligation to pay the applicable license fees for the use of such
Hardware and Software.
3.2
Restrictions on Use. Notwithstanding the license grant in Section 3.1, Customer may not: (a) use the
Software except as expressly permitted under Section 3.1; (b) separate the component programs of the Software
for use on different computers; (c) adapt, alter, publicly display, publicly perform, translate, create derivative
works of or otherwise modify the Software; (d) sublicense, lease, rent, loan, distribute or otherwise transfer the
Software to any third party (except as provided in Section 9.5); (e) reverse engineer, decompile, disassemble or
otherwise attempt to derive the source code for the Software except to the extent expressly permitted by
applicable law notwithstanding this restriction, to obtain information necessary to render the Software
interoperable with other software; provided, however, that Customer must first request such information from
AirTight and AirTight may, in its discretion, either provide such information to Customer or impose reasonable
conditions, including a reasonable fee, on such use of the source code for the Software to ensure that AirTight's
and its suppliers' proprietary rights in the source code for the Software are protected; (f) remove, alter or
obscure any proprietary notices on the Software or Documentation; (g) allow third parties to access or use the
Software, including but not limited to ASP, OEM or time-sharing arrangements. Under no circumstances may
Customer install or execute the Software on more than one computer at the same time; or (h) capture
screenshots of the Software and share it with other people without written consent of AirTight for any purpose
including but not limited to competitive analysis, copying or reverse engineering.
4.
Term and Termination
4.1
Term. The term of this EULA will begin on the Effective Date and will continue indefinitely unless
terminated pursuant to this Section 4.
4.2
Termination for Cause. Either party may terminate this EULA for cause by giving the breaching party
written notice of termination, and specifying in such notice the alleged breach. The breaching party will have a
grace period of thirty (30) days after such notice is served to cure the breach described therein. If the breach is
cured within the thirty (30) day grace period, then this EULA will remain in effect. If the breach is not cured
within such period, then this EULA will automatically terminate upon the conclusion of the thirty (30) day
grace period, unless the parties agree in writing to extend such period.
4.3
Effects of Termination. Upon termination of this EULA for any reason: (a) all unfulfilled Purchase
Orders will be cancelled at AirTight's discretion; (b) any amounts owed to AirTight under this EULA and any
Purchase Order before such termination will be immediately due and payable; (c) all license rights granted in
this EULA will immediately terminate and Customer must promptly stop all use of the Software; (d) AirTight's
obligation to provide services under any Service Schedule attached to the Purchase Order terminates; (e)
Customer must erase all copies of the Software from Customer's computers, and destroy all copies of the
Software and Documentation on tangible media in Customer's possession or control or return such copies to
AirTight in accordance with Section 6.5; and (f) Customer must certify in writing to AirTight that it has
returned or destroyed such Software and Documentation. Sections 4.3, 5, 6.6, 7, 8 and 9 will survive the
expiration or termination of this EULA. The obligations under Section 8 will, however, survive only for claims
based on use of the Hardware or Software during the licensed term. Termination of this EULA will not affect
Customer's right to otherwise use or transfer the Hardware purchased from AirTight once Software is removed.
5.
Proprietary Rights
Proprietary Rights. Customer acknowledges and agrees that the Software including but not limited to its
sequence, structure, organization and source code, contains Intellectual Property Rights of AirTight and its
