5: APPENDICES
Iridium Pilot™ Installation Guide 51
of condentiality with respect to such information and shall use such information in compliance with any
applicable terms and conditions upon which Iridium makes such information available.
Software, Upgrades and Additional Copies. For purposes of the Agreement, “Software” shall include
(and the terms and conditions of the Agreement shall apply to) computer programs, including rmware, as
provided to Purchaser by Iridium or an authorized Iridium reseller, and any upgrades, updates, bug xes or
modied versions thereto (collectively ,”Upgrades”) or backup copies of any of the foregoing.
NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS: (1) UNLESS AUTHORIZED BY
IRIDIUM, PURCHASER HAS NO LICENSE OR RIGHT TO MAKE OR USE ANY ADDITIONAL COPIES OR UPGRADES.
IRIDIUM MAY MAKE SOFTWARE AVAILABLE BASED ON ADDITIONAL TERMS; (2) USE OF UPGRADES IS LIMITED
TO IRIDIUM PRODUCTS AND ACCESSORIES FOR WHICH PURCHASER IS THE ORIGINAL END USER, PURCHASER
OR LESSEE OR OTHERWISE HOLDS A VALID LICENSE TO USE THE SOFTWARE WHICH IS BEING UPGRADED; AND
(3) THE MAKING AND USE OF ADDITIONAL COPIES IS LIMITED TO NECESSARY BACKUP PURPOSES ONLY.
Proprietary Notices. Purchaser agrees to maintain and reproduce all copyright and other proprietary
notices on all copies, in any form, of the Software in the same form and manner that such copyright and
other proprietary notices are included on the Software. Except as expressly authorized in these Terms and
Conditions, Purchaser shall not make any copies or duplicates of any Software without the prior written
permission of Iridium.
Term and Termination. These Terms and Conditions and the license granted herein shall remain eective
until terminated. Purchaser may terminate these Terms and Conditions and the license at any time by
destroying all copies of Software and any Documentation. Purchaser’s rights under these Terms and
Conditions will terminate immediately without notice from Iridium if Purchaser fails to comply with any
provision of these Terms and Conditions. Upon termination, Purchaser shall destroy all copies of Software and
Documentation in its possession or control. All condentiality obligations of Purchaser and all limitations of
liability and disclaimers and restrictions of warranty shall survive termination of this Agreement.
Export, Re-Export, Transfer and Use Controls. The Software, Documentation and technology or direct
products thereof (hereafter referred to as Software and Technology), supplied by Iridium under these Terms
and Conditions are subject to export controls under the laws and regulations of the United States (U.S.).
Purchaser shall comply with such laws and regulations governing export, re-export, transfer and use of Iridium
Software and Technology and will obtain all required U.S. and local authorizations, permits, or licenses. Iridium
and Purchaser each agree to provide the other information, support documents, and assistance as may
reasonably be required by the other in connection with securing authorizations or licenses.
U.S. Government End User Purchasers. The Software and Documentation qualify as “commercial items,”
as that term is dened at Federal Acquisition Regulation (“FAR”) (48 C.F.R.) 2.101, consisting of “commercial
computer software” and “commercial computer software documentation” as such terms are used in FAR 12.212.
Consistent with FAR 12.212 and DoD FAR Supp. 227.7202¬1 through 227.7202-4, and, notwithstanding any
other FAR or other contractual clause to the contrary in any agreement into which these Terms and Conditions
may be incorporated, Purchaser may provide to Government end user or, if the sale is direct, Government
end user will acquire the Software and Documentation with only those rights set forth in these Terms and
Conditions. Use of either the Software or Documentation or both constitutes agreement by the Government
that the Software and Documentation are “commercial computer software” and “commercial computer
software documentation,” and constitutes acceptance of the rights and restrictions herein.
DWAR0802 Ver. 1.0
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