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including all Intellectual Property Rights embodied therein. Azbil is not prevented
in any way from Using or having a third party Use the Software.
2-5. In consideration of the grant of the License, You shall pay to Azbil the license fee in
accordance with the terms set forth in Exhibit (“License Fee”). License Fee is not
refundable unless otherwise explicitly provided in this Agreement or in Exhibit.
2-6. For the avoidance of doubt, You are not authorized to use Azbil’s company name,
product names, trademarks and service marks under the License.
Article 3. Software Maintenance
You hereby acknowledge and agree that: (i) the Software may from time to time be
updated at Azbil’s discretion; (ii) Azbil may update the Software and add, modify or
reduce certain function thereof, at its discretion; and (iii) the same terms conditions
herein apply to the updated Software. You and Azbil shall enter into a software
maintenance agreement, if necessary.
Article 4. Restrictions
You, without Azbil’s prior written consent, shall not:
(i) Use the Software and/or Related Documents for the purpose other than to use
the System;
(ii) Use the Software in the number of computers (whether actual or virtual) more
than set forth in Exhibit;
(iii) Use the Software in a computer which functions as a cloud server (whether actual
or virtual);
(iv) copy the Software in whole or in part for the purpose other than to make backup
les of the Software;
(v) alter, modify or otherwise change the Software and/or Related Documents;
(vi) use the Software not in its entirety, but in part;
(vii) trace, debug, disassemble, decompile or otherwise attempt to analyze or reverse
engineer the No Reverse Engineering Software set forth in Exhibit or attempt to
discover any source code of the No Reverse Engineering Software;
(viii) sell, lease or license the Software or a storage device contains the Software and/
or Related Documents (including a computer to which the Software is installed)
to a third party;
(ix) sublicense the Software to a third party or assign the License to a third party;
(x) Use the Software and/or Related Documents together with a third party;
(xi) remove or change the proprietary notice of Azbil and/or a third party;
(xii) Use the Software and/or Related Documents at the location other than set forth
in Exhibit;
(xiii) Publish the specication of the Software; or
(xiv) otherwise Use, copy, reproduce, sell, distribute, redistribute, assign, transfer,
publicly transmit, lease, license or sublicense the Software and/or Related
Documents beyond the extent expressly provided herein.
Article 5. Warranty Period of the Software
The warranty period of the Software commences from the delivery date of the
Software (or, if the Software is delivered through the Internet, the date of such
delivery) and continues for a period set forth in Exhibit: provided, however, if local
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