Aspects of LSS Toolkit include software from Topcon Positioning Systems Inc. The following terms apply in addition to the general terms (above).
TERMS AND CONDITIONS OF SOFTWARE APPLICATION END-USER LICENSE
1. McCarthy Taylor grants to End-User(s) a non-exclusive license to use the Software Application for End-User’s internal business operations under the terms stated in this Agreement.
2. End-User(s) shall not alter, reverse engineer, disassemble or decompile the Software Application. End-User(s) shall not copy the Licensed Software except: (i) as necessary to read the Software Application from the media into the memory of a computer solely for the purpose of executing it on a single machine (whether a stand-alone computer or a workstation component of a multi-terminal system), or (ii) to create an archival copy. End-User(s) agree that any such copies of the Software Application shall contain the same proprietary notices which appear on and in the Software Application.
3. End-User(s) shall not install, access or otherwise copy or use the Software Application except as expressly authorized by this Agreement. End-User(s) shall not distribute, rent, loan, lease, sell, sublicense, or otherwise transfer all or any portion of the Software Application, or any rights granted in this Agreement, to any other person without the prior written consent of McCarthy Taylor. End-User(s) shall not install or access, or allow the installation or access of, the Software Application over the Internet, including, without limitation, use in connection with a Web hosting or similar service, or make the Software Application available to third parties via the Internet on End-User’s computer system or otherwise. End-User(s) shall not modify, translate, adapt, arrange, or create derivative works based on the Software Application for any purpose. End-User(s) may not use or export the Software Application outside of the country of purchase for any reason. End-User(s) shall not assign, give or transfer the Software Application to another individual or entity. End-User is prohibited from (a) timesharing, service bureau, subscription service or rental use of the Software Application or (b) passing title to the Software Application any other individual or (c) publication of any results of benchmark tests run on the Software Application. End-User shall permit McCarthy Taylor to audit its use of the Software Application and report such use to McCarthy Taylor. End-User(s) acknowledge that the Software Application is the confidential information of McCarthy Taylor and its suppliers, and End-User(s) agree that under no circumstances may End-User(s) disclose the Software Application to any third party. Title to and ownership of the intellectual property rights associated with the Software Application and any copies remain with McCarthy Taylor and its suppliers.
4. Upon termination of End-User license agreement for the Software Application, End-User shall discontinue use and destroy or return to McCarthy Taylor all copies of the Software Application and the Software Application Documentation.
5. End-User(s) are hereby notified that Topcon Positioning Systems, Inc. is a third-party beneficiaries to this Agreement to the extent that this Agreement contains provisions which relate to End-User(s)’ use of the Software Application. Such provisions are made expressly for the benefit of Topcon Positioning Systems, Inc. and are enforceable by Topcon Positioning Systems, Inc. in addition to McCarthy Taylor.
6. In no event shall McCarthy Taylor or its suppliers be liable in any way for indirect, special or consequential damages of any nature, including without limitation, lost business profits, or liability or injury to third persons, whether foreseeable or not, regardless of whether McCarthy Taylor or its suppliers have been advised of the possibility of such damages.
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