Accu-Chek Mobile User Manual page 144

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21
Appendix
ACCU-CHEK
360° reports License
®
By using this software, you, or the entity on whose behalf you are using the software (here in after
"Licensee") agree to be legally bound to the following provisions.
1
License
1.1 Roche Diagnostics GmbH, Sandhofer Strasse 116, 68305 Mannheim, Germany ("Roche") grants to
Licensee, a non-exclusive, perpetual and worldwide license to use the ACCU-CHEK 360° reports
software, here in after referred to as SOFTWARE, upon the terms and conditions contained in this
Software License Agreement.
1.2 Licensee may use the SOFTWARE on all computer systems owned, leased or otherwise controlled by
Licensee. Licensee may use the SOFTWARE only to manage the ACCU-CHEK 360° reports.
1.3 Due to Roche being obliged to commit market observations, Licensee shall notify Roche of name and
address of the receiving party in case of any transfer of the SOFTWARE product and shall oblige the
receiving party to enter into an equivalent agreement with Roche.
1.4 Except as expressly permitted by Swiss law, Licensee may not: Copy the SOFTWARE in whole or in
part except as expressly provided in this Software License Agreement or for purposes of backup;
rent, license or sublicense the SOFTWARE; create derivative works based on SOFTWARE; modify,
adapt, translate, reverse engineer, decompile or disassemble the SOFTWARE, separate the
SOFTWARE into its component parts, or in any way reverse engineer or attempt to reconstruct or
discover any source code or algorithms of the SOFTWARE by any means whatsoever unless and until
Licensee has first requested the required information from Roche in writing, and Roche, at its sole
discretion, has not complied with Licensee's request within a commercially reasonable period of
time; remove any product identification, trademark, copyright, confidentiality, proprietary or other
notices contained on or within the SOFTWARE.
1.5 If Licensee is an entity, then License shall cause Licensee's employees, if any, to comply with the
terms and conditions of the Software License Agreement.
1.6 Licensee shall cooperate with Roche, and shall render all reasonable assistance requested by Roche,
to assist Roche in preventing and identifying any use of, or access to, the SOFTWARE in violation of
the Software License Agreement.
1.7 Licensee acknowledges and agrees to the terms and conditions of any open source software license
contained in or referred to in the software including relevant copyright notices.
2
Proprietary Rights
All right, title and interest including, but not limited to, copyright, trademarks and other intellectual
property rights in and to the SOFTWARE are owned by Roche and its licensors, if any. Such rights are
protected by the Urheberrechtsgesetz (URG), Markenschutzgesetz (MSchG) and other laws. Roche retains
all rights not expressly granted herein.
142

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