Tailwind iQ3 User Manual page 16

3. LICENSE RESTRICTIONS
3.1 User may not: (i) provide, make available to, or permit other individuals to use the Software or Documentation, except under the
terms listed above, either in whole or part; (ii) modify, translate, reverse engineer, decompile, disassemble, create derivative works, or
otherwise attempt to derive the source code based upon the Software or Documentation; (iii) copy, reproduce, republish, upload, post,
or transmit the Software or Documentation (except for back- up or archival purposes, which will not be used for transfer, distribution,
or sale); (iv) license, sell, rent, lease, transfer, sublicense, distribute, or otherwise transfer rights to the Software or Documentation; (v)
remove any proprietary notices or labels on the Software or Documentation; or (vi) license the Software if User is a direct competitor of
Tailwind for the purposes of monitoring the Software's availability, performance, or functionality or for any other benchmarking or com-
petitive purposes. Any such forbidden use shall immediately terminate User license to the Software. The Software is intended only for
use with public domain or properly licensed third party materials. All responsibility for obtaining such a license is Users', and Tailwind
shall not be responsible for Users' failure to do so.
3.2 Tailwind Trademarks. User may not delete, remove, hide, move or alter any trademark, logo, icon, image or text that represents
the company name of Tailwind, any derivation thereof, or any icon, image, or text that is likely to be confused with the same. All repre-
sentations of the company name or mark "Tailwind" or any of its Affiliates' names or marks must remain as originally distributed regard-
less of the presence or absence of a trademark, copyright, or other intellectual property symbol or notice.
3.3 Export Restrictions. The Software and Documentation delivered to User under this Agreement are subject to Canadian export
control laws and regulations and may also be subject to import and export laws of the jurisdiction in which it was obtained, if outside
Canada. User shall abide by all applicable export control laws, rules and regulations applicable to the Software and Documentation.
User agrees that User will not export, re-export, or transfer the Software or Documentation, in whole or in part, to any country, person,
or entity subject to Canadian export restrictions. User specifically agree not to export, re-export, or transfer the Software or Doc-
umentation (i) to any country to which Canada has embargoed or restricted the export of goods or services, or to any national of any
such country, wherever located, who intends to transmit or transport the products back to such country; (ii) to any person or entity who
User knows or has reason to know will utilize the Software or portion thereof in the design, development, production or use of nucle-
ar, chemical or biological materials, facilities, or weapons; or (iii) to any person or entity who has been prohibited from participating in
Canadian export transactions by any agency of the Canadian government.
3.4 Compliance with Applicable Laws. The Software and Documentation are protected by the intellectual property laws and other
laws of Canada and international laws and treaties, including intellectual property laws. User agrees that User shall use the Software
and Documentation solely in a manner that complies with all applicable laws in the jurisdictions in which User use the Software and
Documentation, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights.
4. RIGHTS RESERVED
THE SOFTWARE IS LICENSED, NOT SOLD. Use herein of the word "purchase" in conjunction with licenses, license keys, or the Software
shall not imply a transfer of ownership. Unless as conveyed herein, this Agreement does not grant User any rights, title, or interest in or
to Software, Documentation, trademarks, service marks, or trade secrets, or corresponding intellectual property (including without lim-
itation any images, photographs, animations, video, audio, music, and text incorporated into the Software, the accompanying printed
materials, and any copies of the Software) of Tailwind or its suppliers, and all rights, title, and interest in and to the Software, Documen-
tation, and corresponding intellectual property shall remain the property of Tailwind, its suppliers, or are publicly available. All rights
not expressly granted under this Agreement are reserved by Tailwind, its suppliers, or third parties. All title, rights, and interest in and
to content, which may be accessed through the Software, is the property of the respective owner and may be protected by applicable
intellectual property laws and treaties. This Agreement gives User no rights to such content, including use of the same. Tailwind agrees
that the data and information (including without limitation, smart device software, smart device database, smart device software docu-
mentation, specifications, design drawings, reports, blueprints, and the like) generated by the Software from User proprietary data and
information shall be and remain User sole property.
5. CONFIDENTIALITY
5.1 "Confidential Information" means any nonpublic or proprietary information, in tangible or intangible form, that a party to this
Agreement ("Disclosing Party") designates as being confidential by legends or other markings or in a separate writing provided con-
temporaneous with the disclosure to the party that receives such information ("Receiving Party"). Confidential Information includes the
Software, Documentation and any other intellectual property or proprietary rights thereto. Confidential Information shall not include
any information, however designated, that: (i) is or subsequently becomes publicly available without Receiving Party's breach of any
obligation owed to Disclosing Party; (ii) became known to Receiving Party prior to Disclosing Party's disclosure of such information to
Receiving Party pursuant to the terms of this Agreement; (iii) became known to Receiving Party from a source other than Disclosing Par-
ty other than by the breach of an obligation of confidentiality; or (iv) is independently developed by Receiving Party without reference
to or use of the Confidential Information.
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TAILWIND iQ3 USER MANUAL