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Copyright © 2015 Aeroflex Limited. All rights reserved.
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Appendix C
Software licence and warranty
his appendix describes the conditions for using the software.
AEROFLEX LIMITED
SOFTWARE LICENCE AND WARRANTY
This document is an Agreement between the user of this Licensed Software, the Licensee, and Aeroflex Limited (‘Aeroflex’), the
Licensor. By installing or commencing to use the Licensed Software you accept the terms of this Agreement. If you do not agree to
the terms of this Agreement do not use the Licensed Software.
1. DEFINITIONS
The following expressions will have the meanings set out below for the purposes of this Agreement:
Add-In Application Software Licensed Software that may be loaded separately from time to time into the Designated
Equipment to improve or modify its functionality
Computer Application Software Licensed Software supplied to run on a standard PC or workstation
Designated Equipment means either:
the single piece of equipment or system supplied by Aeroflex upon which the Licensed
Software is installed; or
a computer that is connected to a single piece of equipment or system supplied by Aeroflex upon
which computer the Licensed Software is installed
Downloaded Software any software downloaded from an Aeroflex web site
Embedded Software Licensed Software that forms part of the Designated Equipment supplied by Aeroflex and
without which the Equipment cannot function
Licence Fee means either the fee paid or other consideration given to Aeroflex for the use of the Licensed
Software on the Designated Equipment
Licensed Software all and any programs, listings, flow charts and instructions in whole or in part including Add-in,
Computer Application, Downloaded and Embedded Software supplied to work with Designated
Equipment
Licensee the organization or individual that is the user of the Licensed Software
PXI Software Licensed Software specific to Aeroflex’s 3000 Series PXI product range
2. LICENCE FEE
The Licensee shall pay the Licence Fee to Aeroflex in accordance with the terms of the contract between the Licensee and Aeroflex.
3. TERM
This Agreement shall be effective from the date of receipt or download (where applicable) of the Licensed Software by the Licensee
and shall continue in force until terminated under the provisions of Clause 8.
4. LICENCE
4.1 The following rights and restrictions in this Article 4 apply to all Licensed Software unless otherwise expressly stated in other
Articles of this Agreement.
4.2 Unless and until terminated, this Licence confers upon the Licensee the non-transferable and non-exclusive right to use the
Licensed Software on the Designated Equipment.
4.3 Neither the Licensed Software nor any information provided by Aeroflex to the Licensee nor any licence and rights granted
hereunder, may be sold, leased, assigned, sublicensed, electronically distributed, timeshared or otherwise transferred, in
whole or in part by the Licensee other than as specified in this Licence without the prior written consent of Aeroflex. Such
consent may be withheld at Aeroflex's sole discretion.
4.4 The Licensee may not use the Licensed Software on other than the Designated Equipment, unless written permission is first
obtained from Aeroflex and until the appropriate additional Licence Fee has been paid to Aeroflex.
4.5 The Licensee may not amend or alter the Licensed Software and shall have no right or licence other than that stipulated
herein.
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