Software license agreement, End user license agreement for ics software – Welch Allyn Image Capture System - User Manual User Manual

Page 41

Advertising
background image

Directions for Use

Chapter 5 Maintenance

33

Review Draft

Company Confidential

Aug 24, 2004

Software License Agreement

The software provided with the Image Capture System (ICS) consists of software written
by Welch Allyn, Inc. (the ICS Software), as well as software written by third parties (the
Third-Party Software). The ICS Software is governed by this license, If any updates are
periodically provided for the ICS Software or any Third-Party Software, such software
updates will be governed by the relevant license for that software unless a different
license agreement is provided with the update.

READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY
BEFORE OPERATING THE ICS DEVICE. THE ICS SOFTWARE IS COPYRIGHTED AND
LICENSED (NOT SOLD). BY OPERATING THE ICS DEVICE YOU ARE ACCEPTING AND
AGREEING TO THE TERMS OF THIS LICENSE AGREEMENT IF YOU ARE NOT WILLING
TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT YOU SHOULD
PROMPTLY RETURN THE ICS DEVICE TO WELCH ALLYN. THIS LICENSE AGREEMENT
REPRESENTS THE COMPLETE AGREEMENT CONCERNING THE ICS SOFTWARE
BETWEEN YOU AND WELCH ALLYN, AND IT SUPERSEDES ANY PRIOR PROPOSAL,
REPRESENTATION, OR UNDERSTANDING YOU MAY HAVE HAD.

End User License Agreement For ICS Software

1.

License Grant. Welch Allyn, Inc. (hereinafter Welch Allyn) hereby grants to you, and
you accept, a non-exclusive license to use the machine-readable, object code form of
the ICS Software, whether provided on the media packaged with the ICS device or
pre-installed on the ICS device (collectively referred to as the "Software"), as well as
the accompanying User Instructions or Documentation, only as authorized in this
License Agreement. The Software may be used only on one ICS device. Neither
concurrent use on two or more devices or computers, nor use in a network, is
permitted without separate authorization from Welch Allyn.

You agree that you will not assign, re-license, transfer, rent, or share your rights
under this License Agreement, except that you may permanently transfer all of
your rights under this License Agreement as part of a sale or other transfer to a
third party of the ICS device with which the Software was packaged and sold,
provided that you transfer all of the Software without retaining a copy, and the
transferee agrees to the terms of this License Agreement.

You agree that you will not reverse assemble, reverse compile, or otherwise
translate the Software.

You may use the Software media for backup purposes. No copies of the Software
or any portion thereof may be made by you or any person under your authority or
control.

2.

Welch Allyn's Rights. You acknowledge and agree that the Software and the User's
Instructions or Documentation are proprietary products of Welch Allyn, protected
under U.S. copyright law. You further acknowledge and agree that all ownership rights
and title in and to the Software, including associated intellectual property rights, are
and shall remain with Welch Allyn. This License Agreement does not convey to you
any ownership in or to the Software, but only a limited right of use that is revocable in
accordance with the terms of this License Agreement.

3.

License Fees. The Software is licensed to you in consideration of your purchase of the
ICS device.

Advertising