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IPG Photonics Scanner Series - Page 99

IPG Photonics Scanner Series
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9
requirements, the Customer shall promptly notify IPG in advance of such disclosure and reasonably
cooperate in attempts to maintain the confidentiality of the Licensed Software. No title to the
intellectual property is transferred. Licensed Software shall not be copied, reproduced, or used for any
other purpose outside of operation of the IPG product, and shall not be used on any other piece of
hardware other than the IPG product with which it was provided.
2.2 If you transfer the IPG product on which the Licensed Software is used, you may transfer the
Licensed Software to the end user of the product provided that the end user agrees to be bound by
terms no less restrictive than the provisions of this Agreement, and provided that all proprietary
markings are maintained. Any other transfer is void and automatically terminates this license. You shall
use your best efforts to enforce such agreement and shall promptly report any violation or suspected
violation to IPG. In the event you do not enforce such agreement after a breach, you shall, to the
extent permissible by applicable law, grant IPG the right to enforce such agreement.
2.3 The Licensed Software may include Third Party Software licensed to IPG in addition to the licenses
below. The owner of this Third Party Software (the “Third Party”) and its licensors are intended third
party beneficiaries of this Agreement, and the provisions of this Agreement relating to the Licensed
Software, as the same incorporates Third Party Software, are made expressly for the benefit of, and are
enforceable by, the Third Party and its licensors. The Third Party and its licensors retain ownership of
all copies of the Third Party Software. The Licensed Software is warranted by IPG in accordance the
above Warranty and the Third Party does not provide an additional warranty. All Third Party Software
included in the Licensed Software is provided “AS IS” without warranty from the Third Party, and each
Third Party disclaims all warranties, either express or implied, including but not limited to the implied
warranties of merchantability, title, non-infringement or fitness for a particular purpose with regard to
the Third Party Software. The Third Party shall not have any liability for special, indirect, punitive,
incidental or consequential damages.
2.4 In addition to the IPG Software licensed above, IPG may provide certain files embedded in or to be
used on the IPG hardware product which may be subject to the terms of the GNU General Public License
(GPL) or the GNU Lesser General Public License (LGPL), the current text of which may be found at:
http://www.gnu.org, or another open source license. The IPG Software is proprietary software not
subject to the GPL or LGPL or other open source license, and Customer has no license to take any action,
and shall take no action, which would have the effect of subjecting the IPG Software or any portion of
the IPG Software to the terms of the GPL or LGPL or other open source license. Customer may consult
the user documentation for identifications and further information.
2.5 For the rights granted in this Agreement, Customer shall pay to IPG the price for the IPG hardware
product in which the Licensed Software is embedded.
2.6 You understand that IPG may, at any time and in its sole discretion, update or modify the Licensed
Product or discontinue updating and/or supporting the Licensed Product. In the case of an update or
modification, you agree to allow IPG to automatically install the Licensed Software on the IPG hardware
product on which the Licensed Software is used. Any updated or modified Licensed Product made
available and/or installed by IPG on the IPG hardware product shall become part of the Licensed
Software and subject to this Agreement.
3. TERM AND TERMINATION

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