VisuNet RM Shell 6
Appendix
2023-05
167
3.3 The Licensee is entitled to make one copy of the Software only for backup purposes, pro-
vided that such copy clearly marks all copyright notices and any other proprietary legends
regarding the original copy.
3.4 The Licensee shall only after prior written consent of the Licenser be entitled to transfer the
right to use the Software to a third party provided the third party accepts to enter into the terms
and conditions of this EULA and the Licensee dos not retain any copies of the Software. The
transfer of the right to use the Software may only take place together with the Device on which
the Software has been installed by the Licenser.
4 - License Restrictions
4.1 The Licensee is in no way entitled to change, alter, enhance the Software or any parts of the
Software and may not make any modifications on the Software or create derivative works
based upon the Software except with the prior written consent of the Licenser.
4.2 The Licensee is in no way entitled to de-compile, disassemble or otherwise reverse engi-
neer the Software or any parts of the Software, in whole or in parts or attempt to access or
derive the source code of the Software or any algorithms, concepts, techniques, methods or
processes embodies therein.
4.3 Other than as set forth in Section 3 the Licensee is no way entitled to make or distribute
copies of the Software, rent, lease, lend or sublicense the Software, or electronically transfer
the Software from the Device to another or over a network.
5 - Infringement of Third Party Rights
5.1 In the event that any material part of the Software becomes subject of a valid third party
claim of copyright, patent or other proprietary right infringement, the Licenser shall, at its
option, either (i) replace the Software with a compatible, functionally equivalent, non infringing
software product; (ii) modify the Software or take some other action so that it is no longer
infringing; (iii) procure the right for the Licensee to continue using the Software; or (iv) if, in the
sole discretion of the Licenser, none of the foregoing alternatives is reasonably or with reason-
able costs and/or efforts available, terminate this License.
5.2 The foregoing states the entire liability of the Licenser with respect to claims for copyright or
patent infringement and except as provided in this section Licenser shall have no other liability
to Licensee whatsoever for any loss or damage or infringement claims against Licensee by
third parties arising out or related to any allegation or determination that Licensee`s use of the
Software infringes any proprietary or intellectual property right.
6 - Ownership and Intellectual Property Rights, passing of risk
6.1 The License grants to the Licensee the limited license to use the Software according to the
terms of this EULA.
6.2 All title and interest to, and intellectual property rights in the Software and any related docu-
ments are and shall remain owned and/or controlled solely and exclusively by the Licenser.
The Licenser reserves all rights in the licensed Software not specifically granted to the
Licensee in this EULA, including national and international Copyright.
6.3 Passing of the risk between Licenser and Licensee concerning the Software takes place at
the time the Device on which the Software is installed is delivered to the Licensee.
7 - Limited Warranty and Disclaimer
7.1 The Licensee expressly acknowledges and agrees that he is using the licensed Software at
his own sole risk. The Licenser provides no warranties or other remedies, whether express or
implied, for the licensed Software. It is provided “as is” without warranty, term or condition of
any kind unless otherwise agreed to in this EULA.
7.2 The Licenser warrants that at the date of passing of risk, that when the Software is installed
in the hard- and/or software configuration in which it is delivered to the Licensee, the Software
will perform in substantial conformance with the performance described in the related informa-
tion.
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