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3.
Patents, Designs and Copyright
The Embedded Software is licensed, not sold, to the Customer by the Company for use only under the
terms of this EULA. The Company and its licensors retain all proprietary interests and rights in and
over the Embedded Software and reserve all rights not expressly granted to the Customer under this
EULA including all Intellectual Property Rights which shall remain the exclusive property of the
Company or its licensors.
4.
Restrictions
4.1
Except as expressly set out in this EULA or as permitted by law, the Customer agrees not to disclose
the contents or code of the Embedded Software to any third party. The Customer may take such
copies of the Embedded Software as is necessary for the purpose of back-up security and agrees that
all copies shall be kept confidential and subject to the terms of this EULA.
4.2
Except as expressly set out in this EULA or as permitted by law, the Customer agrees not to lease,
rent, sub-license, loan, sell or otherwise redistribute the whole or any part of the Embedded
Software. The Customer may, however, rent, lease or sell the Hardware, provided that: (a) any
rental, leasing or sale must include the Hardware and all of the Embedded Software, including all its
component parts, original media, printed materials and this EULA; (b) the Customer does not retain
any copies of the Embedded Software, full or partial, including copies stored on a computer or other
storage device; and (c) the party receiving the Hardware reads and agrees to accept the terms and
conditions of this EULA.
4.3
The Customer agrees not to modify, disassemble, reverse engineer, derive the source code of,
decrypt, create derivative works or decompile the whole or any part of the Embedded Software nor
attempt to do so save to the extent expressly permitted by law.
4.4
The Customer will not attempt to ascertain or list the source programs or source code relating to the
Embedded Software.
4.5
The Customer will notify the Company as soon as it becomes aware of any unauthorised use of the
Embedded Software by any person.
5.
Warranty
5.1
The Company believes that to the best of its knowledge the Embedded Software has been thoroughly
tested for freedom from arithmetic or logical defects in the Embedded Software and that it will
function and perform substantially in accordance with the functions described in the Documentation.
5.2
If at any time during the Warranty Period, the Customer becomes aware of a breach of the warranty
at Clause 5.1, the Customer will:
5.2.1 promptly notify the Supplier of any defect which it believes to exist, such notice to be given
prior to the expiry of the Warranty Period, with all details and information which may assist in
diagnosing and correcting the defect; and
5.2.2 provide any facilities, information and assistance which the Supplier may reasonably request
to aid the diagnosis of the alleged defect and co-operate with the Supplier in these activities.
5.3
If the Supplier is unable to ascertain or correct the defect with the Embedded Software as notified by
the Customer in accordance with Clause 5.2, the Supplier (if not the Company) shall notify the
Company.
5.4
The Company reserves the right to charge the Customer at its prevailing rates for any effort
expended in tracing apparent defects which prove not to be defects covered under this Clause 5.
5.5
In the event of a proven breach of the warranty in Clause 5.1 during the Warranty Period, the
Supplier (or Company (as the case may be)) will either:
5.5.1 repair, or at its option replace, the Embedded Software (or the relevant part of it); or
5.5.2 correct the Documentation to reflect the proper performance of the Software where it is
determined by the Company (acting reasonably) that the Software is functioning correctly but
is not properly described in the Documentation.
5.6
The repair or replacement of the Embedded Software under Clause 5.5 will not be available to the
Customer if:
5.6.1 the defect in the Embedded Software is attributable to failure or breakdown or interference of
any third party, or software or hardware not supplied subject to this EULA;
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