BT2 user manual - H-5911-9004-02-B Page | 134
20.1.3 Proprietary Rights of Licensor
End User agrees that LICENSOR retains exclusive ownership of the trademarks and service marks represented
by its company name and logo and all of the documentation and computer recorded data related thereto. End
User also agrees that all techniques, algorithms, and processes contained in LICENSOR's computer program
products or any modification or extraction thereof constitute TRADE SECRETS OF LICENSOR and will be
safeguarded by End User, but in no event shall End User exercise less than due diligence and care in accordance
with the laws of the country of purchase and International Law, whichever operates to best protect the interests of
LICENSOR. End User shall not copy, reproduce, re-manufacture or in any way duplicate all or any part of
LICENSOR products WHETHER MODIFIED OR TRANSLATED INTO ANOTHER LANGUAGE OR NOT, or in
any documentation, or in any other material provided by LICENSOR in association with LICENSOR's computer
program products regardless of what manner of storage and retrieval the product exists, except as specified in
this Agreement and in accordance with the terms and conditions of this Agreement which remain in force. End
User agrees that in the event End User breaches this EULA, End User will be liable for damages as may be
determined by a court of competent jurisdiction.
20.1.4 Restrictions
End User’s rights and obligations under this EULA are nonexclusive and personal in nature, and the intellectual
property Licensor grants to End User is subject to applicable law other than bankruptcy law. End User may not
transfer or assign the SOFTWARE, rights under this EULA or accompanying user documentation, or any updates
of the SOFTWARE which may be provided under this EULA, to a third party unless End User receives written
consent from Licensor at least 30 days prior to the completion of transfer. Licensor reserves the right to deny
transfer or assignment if, in its sole discretion, Licensor determines the transfer not to be a necessity. Whether or
not a transfer or assignment is allowed shall be determined in Licensor’s sole discretion after taking into
consideration certain factors to find the existence of a necessity including, but not limited to, merger or acquisition
of an entity, complete asset acquisition, change of control, severe economic hardship, severe loss of human
resources or significant loss in business divisions, or winding down of entity affairs.
If Carlson consents to a transfer, such transfer shall be allowed only as a one-time permanent transfer of this
EULA and Software to another end user, provided the initial End User retains no copies or previous versions of
the Software. The transfer must include all of the Software, including all component parts, any media and printed
materials, any upgrades, this EULA, and any associated license key. The transfer may not be an indirect transfer,
such as a consignment, rental or lease. No corresponding Maintenance Agreement rights shall transfer with the
SOFTWARE transfer to the subsequent end user. Prior to the transfer, the subsequent end user receiving the
Software from the initial End User must agree to all terms of this EULA, with the added condition that no further
transfers to third parties are permitted for any reason whatsoever, and shall agree to the terms and conditions of a
new Maintenance Agreement with Licensor.
You may not reverse engineer, decompile, or disassemble the SOFTWARE or alter the images utilized in the
SOFTWARE and user documentation. The SOFTWARE PRODUCT is licensed as a single product. Its
component parts may not be separated for use on more than one computer. You shall communicate to any
individual user in your facility that they are bound by the restrictions of this license agreement may not copy or
alter the SOFTWARE for use outside End User's facilities.
Upgrades. If you purchase an upgrade of a SOFTWARE PRODUCT and you use it on different machine from one
where upgraded SOFTWARE PRODUCT was used, use of original SOFTWARE PRODUCT must be
discontinued and confirmed within 30 days. If such use is not discontinued, it is a material breach of this EULA
and LICENSOR shall be entitled to all remedies available to it under this EULA, and under the laws of Kentucky,
USA.
20.1.5 Security Mechanisms
Licensor and its affiliated companies take all legal steps to eliminate piracy of their software products. In this
context, the Software Product may include a security mechanism that can detect the installation or use of illegal
copies of the Software Product, and collect and transmit data about those illegal copies. Data collected may
include any location and customer data created with the Software. Carlson reserves the right to utilize this
information for both security and research and development of its security mechanisms. By using the Software
Product, you consent to such detection and collection of data, as well as its transmission and use if an illegal copy
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