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Licences
The following are the license agreements applicable to the Midas Digital Equipment.
End-User Licence Agreement for Midas™ and Klark Teknik™ Software
IMPORTANT - Please read this document carefully before using this Midas™ or
Klark Teknik™ Product. This is an agreement governing your use of software or
other machine instructions already installed on this Midas™ or Klark Teknik™
Product, as well as other software that we provide for installation on this Product.
The Midas™ or Klark Teknik™ Product will not operate in accordance with its
documentation without this software.
THIS AGREEMENT ("AGREEMENT" OR "LICENCE") STATES THE TERMS AND CONDITIONS UPON WHICH
MIDAS KLARK TEKNIK LIMITED ("COMPANY") OFFERS TO LICENSE THE INSTALLED FIRMWARE,
SOFTWARE AND/OR PROGRAMS ("the SOFTWARE") WITH THE MIDAS™ OR KLARK TEKNIK™ CONSOLE
OR SIGNAL PROCESSING PRODUCT ("PRODUCT") IN WHICH IT HAS BEEN INSTALLED BY, OR FOR
WHICH IT IS PROVIDED BY, THE COMPANY. BY USING THIS PRODUCT YOU WILL BE AGREEING TO
BECOME BOUND BY THE TERMS OF THIS LICENCE. IF YOU DO NOT AGREE TO THE TERMS OF THIS
LICENCE, DO NOT USE THIS PRODUCT AND PROMPTLY RETURN THE PRODUCT TO THE PLACE WHERE
YOU OBTAINED IT FOR A FULL REFUND. You agree to notify any persons whom you permit to operate
this Product of the terms of this Licence, and to require them to comply with these terms.
The Software is licensed, not sold, to you for use only under the terms of this Licence, and the
Company reserves all rights not expressly granted to you. The Company retains ownership of all copies
of the Software itself, and all proprietary parts of it, including those stored on or in the Product.
1. Licence: Subject to the terms and conditions of this agreement, the Company grants you, and
other persons you permit to operate the Product, a personal, limited, non-exclusive,
non-transferable licence to use the Software only on the single Product unit in which it has been
installed.
2. Restrictions: (a) The Software, and the accompanying written materials, are copyrighted and
contain trade secrets and other proprietary matter, including confidential information relating to
the specifications and performance characteristics of this Product. Save for such elements as
may be licensed to the Company, as described in paragraph 5, all rights to copyrights, trade
marks and trade secrets in the Software, or any modifications to it, are owned by the Company.
Unauthorised use or copying of the Company's proprietary Software, or any portion thereof, or
copying of those written materials, is prohibited. (b) You may not create, market, distribute, or
transfer copies of the Company's proprietary Software, or any part of it, to others, or duplicate,
rent, lease or loan that Software, or any part of it, except that you may transfer that Software
installed in this Product in conjunction with the sale, transfer, loan, rent or lease of this Product,
and subject at all times to this Licence. YOU MAY NOT REVERSE ENGINEER, DECOMPILE,
DISASSEMBLE, EXTRACT OR SEPARATE OUT, MODIFY, ADAPT, PORT, OR TRANSLATE THE
SOFTWARE, DERIVE THE SOURCE CODE OF THE SOFTWARE OR CREATE DERIVATIVE WORKS
BASED ON THE SOFTWARE OR ANY ACCOMPANYING WRITTEN MATERIALS, save as is allowed by
licences pertaining to component parts of the Software which are licensed by third parties, as
described under paragraph 5, or otherwise by law. (c) In the event you violate any term of this
Licence, all rights granted herein will automatically and immediately terminate and you must stop
using the Software and destroy any copies of the Software.
3. Limited Warranty: Subject to your installation of any Software updates issued by the Company
as described herein, and the condition below, the Company warrants that the Software will
operate in compliance with the Software's material specifications and documentation for a period
of 90 days from your purchase of this Product. The Software is provided "as is" and the Company
does not warrant that the operation of the Software will meet your requirements or operate free
from error. To the greatest extent permissible by law, the Company DISCLAIMS ALL
WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD
PARTY RIGHTS OR CAPABILITY OF CORRECTLY PROCESSING PROVIDING AND/OR RECEIVING
7


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