LAUNCH X-431TOP User’s Manual
iii
or use shall be void;
(ii) make error corrections to or otherwise modify
or adapt the Materials or create derivative works
based upon the Materials, or permit third parties
to do the same;
(iii) reverse engineer or decompile, decrypt,
disassemble or otherwise reduce the Materials to
human-readable form, except to the extent
otherwise expressly permitted under applicable
law notwithstanding this restriction;
(iv) use or permit the Materials to be used to
perform services for third parties, whether on a
service bureau or time sharing basis or otherwise,
without the express written authorization of
LAUNCH;
(v) disclose, provide, or otherwise make available
trade secrets contained within the Materials in
any form to any third party without the prior
written consent of LAUNCH. Customer shall
implement reasonable security measures to
protect such trade secrets.
To the extent required by law, and at Customer’s
written request, LAUNCH shall provide Customer
with the interface information needed to achieve
interoperability between the Materials and
another independently created program, on
payment of LAUNCH’s applicable fee, if any.
Customer shall observe strict obligations of
confidentiality with respect to such information
and shall use such information in compliance
with any applicable terms and conditions upon
which LAUNCH makes such information
available.
Software, Upgrades and Additional Copies. For
purposes of this Agreement, “Software” shall
include (and the terms and conditions of this
Agreement shall apply to) computer programs,
including firmware, as provided to Customer by
LAUNCH or an authorized LAUNCH reseller, and
any upgrades, updates, bug fixes or modified
versions thereto (collectively, “Upgrades”) or
backup copies of the Software licensed or
provided to Customer by LAUNCH or an
authorized LAUNCH reseller.
NOTWITHSTANDING ANY OTHER PROVISION
OF THIS AGREEMENT: (1) CUSTOMER HAS
NO LICENSE OR RIGHT TO USE ANY
ADDITIONAL COPIES OR UPGRADES
UNLESS CUSTOMER, AT THE TIME OF
ACQUIRING SUCH COPY OR
UPGRADE,ALREADY HOLDS A VALID
LICENSE TO THE ORIGINAL SOFTWARE AND
HAS PAID THE APPLICABLE FEE FOR THE
UPGRADE OR ADDITIONAL COPIES; (2) USE
OF UPGRADES IS LIMITED TO LAUNCH
EQUIPMENT FOR WHICH CUSTOMER IS THE
ORIGINAL END USER PURCHASER OR
LESSEE OR WHO 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. Customer agrees to maintain
and reproduce all copyright and other proprietary
notices on all copies, in any form, of the Materials
in the same form and manner that such copyright
and other proprietary notices are included on the
Materials. Except as expressly
authorized in this Agreement, Customer shall not
make any copies or duplicates of any Materials
without the prior written permission of LAUNCH.
Term and Termination. This Agreement and the
license granted herein shall remain effective until
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