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MR 3.10.64 Software
94.90 MB
Tel: 480-443-3413
Fax: 480-371-2754
Domestic Toll Free:
800-364-8985 (US/Canada only)
Technical Support:
support@noraxon.com
Tel: 480-443-3413
Domestic Toll Free:
800-364-8985 (US/Canada only)
Fax: 480-371-2754
Technical Support:
support@noraxon.com
Visit us at Booth 2116
Tel: 480-443-3413
Domestic Toll Free:
800-364-8985 (US/Canada only)
Fax: 480-371-2754
Technical Support:
support@noraxon.com
Visit us at Booth 2116
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The following terms and conditions of this Agreement shall govern the Customer’s use of the Software, except where: 1) there is a separate contract entered into by and between the Customer and Noraxon (“Contract”); or 2) the Software includes a separate “click-accept” license agreement or third-party license agreement as part of the installation or download process of the Software (“Click-Accept Agreement”). To the extent of a conflict between this Agreement and items 1) and/or 2) above, the order of precedence shall be: 1) the Contract; 2) the Click-Accept Agreement; and 3) this Agreement.
For purposes of this Agreement, “Software” shall mean computer programs, including firmware and computer programs embedded within the Noraxon Systems, as provided to customer by Noraxon or by Noraxon’s authorized retailer (collectively, “Approved Source”) and any upgrades, updates, bug fixes or modified versions thereto (collectively, “Upgrades”) or backup copies and documentation related to any of the foregoing.
License. Conditioned upon compliance with the terms and conditions of this Agreement, Noraxon grants to Customer a revocable, non-exclusive and non-transferable license to use for Customer’s internal business or higher-education purposes the Software and/or Noraxon Systems for which Customer has either paid the required license fees to an Approved Source or has otherwise received authorization to use the Software from an Approved Source. In order to use the Software, Customer shall be required to register Customer’s copy of the Software, which may include entry of a registration number or product authorization key as provided to the Customer by an Approved Source.
Customer’s license to use the Software shall be limited to, and Customer shall not use the Software in excess of, a single Noraxon System for which the Customer has paid to an Approved Source the required license fee pursuant to a purchase order and/or associated invoice or has otherwise received authorization from the Approved Source to use the Software.
Unless otherwise expressly provided in this Agreement, Customer shall use the Software solely as embedded in, or for execution on, a Noraxon System. No other license is granted herein by implication, estoppel or otherwise.
General Limitations. The license granted pursuant to this Agreement is not a transfer of title to the Software and Noraxon retains ownership of all copies of the Software. Customer acknowledges that the Software contains the trade secrets and/or patented/patent pending inventions of Noraxon, including but not limited to the specific internal design and structure of individual programs and associated interface information. Except as otherwise expressly provided under this Agreement, Customer shall have no right, and Customer specifically agrees not to: (1) transfer, assign or sublicense its license rights to any other person or entity and Customer acknowledges that any such attempted transfer, assignment or sublicense shall be void; 2) use the Software on Noraxon Systems not purchased by the Customer, or otherwise authorized to the Customer, from an Approved Source; 3) make corrections to or otherwise modify or adapt the Software or create derivative works based upon the Software, or permit third parties to do the same; 4) reverse engineer or decompile, decrypt, disassemble or otherwise reduce the Software to human-readable form; 5) publish any outputs produced by the Software unless specifically authorized by the Approved Source; 6) use or permit the Software to be used to perform services for third parties unless specifically authorized by the Approved Source; or 7) disclose, provide, or otherwise make available trade secrets and/or inventions contained within the Software in any form to any third party. Customer shall implement reasonable security measures to protect such trade secrets and/or inventions.
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Export and Re-Export Controls. The Software and associated Noraxon Systems are subject to export controls under the laws and regulations of the United States. Customer shall obtain all required U.S. and local authorizations, permits, and/or licenses in the event it wishes to export the Software and associated Noraxon Systems outside of the United States.
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Customer acknowledges and agrees that Noraxon has set its prices and entered into this Agreement in reliance upon the disclaimers of warranty and the limitations of liability set forth herein, that the same reflect an allocation of risk between the parties (including the risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that the same form an essential basis of the bargain between the parties.
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