LAUNCH TECH X-431 IV User Manual page 3

LAUNCH
attempted transfer, assignment, sublicense 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
X-431IV English User's Manual
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
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 terminated. Customer
may terminate this Agreement and the license at
iii
IS LIMITED TO