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© 2020 Radiodetection Ltd
21.2 PROPRIETARY RIGHTS
The Customer acquiring a license to the Software is granted only those rights expressly conferred by the license
grant set forth in Section 3 of this Agreement. The Software is licensed, not sold. Title to the Software and the
Documentation shall not be passed to Customer, Users or to any other party. The Customer shall not acquire
ownership of all rights, titles and interests, in and to the intellectual property rights related to the Software and
the Documentation, including but not limited to, patent, trademark, copyrights, trade names, trade secrets, other
similar rights, and intellectual property rights that could result from any alterations, attachments and
improvements made by either party. Title in the Third Party Software or the Open Source Software remains with
the Third Party licensors, as applicable. Customer and Users shall not, remove or modify any Software and
Documentation markings or any notices of
Radiodetection’s or its Third Party licensors’ proprietary rights.
21.3 LICENSE GRANT
21.3.1
License Grant.
Subject to the terms and conditions of this Agreement, Radiodetection grants to Customer
a personal, non-sublicensable, non-transferable and non-exclusive license to have Users install and use
the Software in accordance with the Documentation and solely within Customer's own personal or business
operations, as the case may be.
Radiodetection’s license grant is conditioned on Customer’s continuous
compliance with all limitations and license restrictions described herein and in the Documentation and if
Customer violates any of these limitations and restrictions or any other terms of this Agreement, the license
grant will automatically and immediately terminate without notice from Radiodetection. Any usage of the
Software outside one of the following scopes constitutes an infringement of
Radiodetection’s and/or its
Third Party licensor’s intellectual property and/or proprietary rights as well as a material breach of this
Agreement.
21.3.1.1 Standard.
The license grant of section 3.1 is granted solely to install the Software on either (i)
one (1) Radiodetection designated Product; (ii) one (1) stand-alone computer; or (iii) one (1)
mobile device, neither of which may be connected to a network in a manner that allows more than
one (1) User to upload, access, run or generally use the Software concurrently.
21.3.1.2 Simulator Multi-User
. In the case of Simulator Products, the license grant of section 3.1 is
granted solely to use the Software in connection with one (1) Radiodetection designated Simulator
Product and multiple Users may upload, access, run or generally use the Software concurrently
subject to the hardware capabilities of the Simulator Product purchased by the Customer.
Notwithstanding anything to the contrary herein, Users may customize or modify the Software
standard package to meet Customer’s specific needs as allowed by the script environment.
21.3.1.3 Server Access.
For any Software that allows or grants access to a server, the license grant of
section 3.1 is granted solely for the purpose of accessing the server that enables administration
of User accounts and performs services as specified in the Documentation, such as data storage.
Customer shall use the Software only with one (1) stand-alone Product or supported device within
a server-configured time period or server access enablement, and shall be responsible for the
administration of the User accounts and the Users’ use of the Software. The Users may use the
Software on behalf of the Customer for Customer’s business activities as described in section 3.1
above, subject to the terms of this Agreement. The Customer shall purchase a license or
subscription, as the case may be, for each User accessing the server. Radiodetection reserves
the right to discontinue Server Access to Customer and its Users upon non-payment of
appropriate and associated maintenance or subscription fees. Unless otherwise agreed in writing,
the license grant for Server Access is limited to a period of 1 year from the date of purchase.
21.3.2
Copies.
Unless otherwise agreed in writing, Customer may, when applicable with the type of Software,
only make one (1) copy of the Software for backup and disaster recovery purposes provided that any copy
or portion thereof must bear the same proprietary and/or copyright notices contained in or on the original
copy.
