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Error! Unknown document property name. G7 Installation & Operation
Firmware License Agreement
COMNAV MARINE LTD. FIRMWARE LICENSE
AGREEMENT
BEFORE USING LICENSED FIRMWARE, CAREFULLY READ THIS LICENSE AGREEMENT.
This document is an agreement ("Agreement") between the end user (the "Licensee") and ComNav Marine Ltd, ("ComNav") that sets forth
the Licensee's rights and obligations with respect to the ComNav software and firmware, including without limitation any accompanying
documentation, hardware or media (the "Firmware") and prevails over any additional, conflicting or inconsistent terms and conditions
appearing on any purchase order or other document submitted by the Licensee. "Affiliate" means any person, partnership, corporation,
limited liability company, other form of enterprise that directly or indirectly through one or more intermediaries, controls, or is controlled by,
or is under common control with the party specified. In this Agreement, any ComNav Product that has Firmware embedded in it or included
with it at the time of sale to the Licensee shall be referred to as the "Product". This Agreement constitutes the entire understanding between
the
parties,
with
BY USING OR OTHERWISE ENABLING THE PRODUCT, THE LICENSEE REPRESENTS IT IS AUTHORIZED TO ACCEPT THESE
TERMS ON BEHALF OF THE END USER (IF THE END USER IS AN ENTITY ON WHOSE BEHALF THE LICENSEE IS AUTHORIZED
TO ACT, THE LICENSEE SHALL BE DEEMED TO REFER TO THE END USER) AND THAT THE LICENSEE AGREES TO BE BOUND
BY THE TERMS OF THIS AGREEMENT, WHICH INCLUDES, AMONG OTHER PROVISIONS, THE LICENSE, THE DISCLAIMER OF
WARRANTY AND THE LIMITATION OF LIABILITY. IF THE LICENSEE DOES NOT AGREE TO THE TERMS OF THIS AGREEMENT
OR ARE NOT AUTHORIZED TO ENTER INTO THIS AGREEMENT, COMNAV IS UNWILLING TO LICENSE THE FIRMWARE TO THE
LICENSEE AND THE LICENSEE AGREES THAT THE LICENSEE IS NOT AUTHORIZED TO ENABLE OR USE SAID LICENSED
FIRMWARE.
The Licensee and ComNav agree as follows:
1.
LICENSE. The Licensee has the non-exclusive and non-transferable license to enable the Firmware on each Product that the
Licensee has purchased subject to the terms and conditions of this Agreement.
2.
RESTRICTIONS. Except as otherwise authorized in writing by ComNav, the Licensee may not, nor may the Licensee permit
any third party to:
a.
Reverse engineer, decompile, disassemble or modify the Firmware, in whole or in part, except to the extent
expressly permitted by applicable law and to the extent the parties shall not be permitted by that applicable law, such
rights are expressly excluded.
b.
Incorporate the Firmware in whole or in part, in any other product or create derivative works based on the Firmware,
in whole or in part.
c.
Publish, disclose, copy reproduce or transmit the Firmware, in whole or in part.
d.
Assign, sell, license, sublicense, rent, lease, encumber by way of security interest, pledge or otherwise transfer the
Firmware, in whole or in part.
e.
Remove any copyright, trademark, proprietary rights, disclaimer or warning notice included on or embedded in any
part of the Firmware
3.
UPDATES. At ComNav's discretion ComNav may make Updates available to the Licensee. An update ("Update") means any
update to the Firmware that is made available to the Licensee including error corrections, enhancements and other
modifications. All Updates that the Licensee downloads, installs or uses shall be deemed to be Firmware and subject to this
Agreement. ComNav reserves the right to modify the Product without any obligation to notify, supply or install any
improvements or alterations to existing Firmware.
4.
OWNERSHIP. ComNav owns all rights, title and interest in and to the Firmware and related materials, including all intellectual
property rights. The Firmware is licensed to the Licensee, not sold.
5.
LIMITED WARRANTY. ComNav warrants solely to the Licensee, subject to the exclusions and procedures set forth herein,
that for a period of two (2) years from the original date of purchase of the Product in which it is embedded (the "Warranty
Period"), the Firmware, under normal use and maintenance, will conform in all material respects to the documentation provided
with the Firmware and any media will be free of defects in materials and workmanship. For any Update, ComNav warrants, for
90 days from performance or delivery, or for the balance of the original Warranty Period, whichever is greater, that the Update,
under normal use and maintenance, will conform in all material respects to the documentation provided with the Update and
any media will be free of defects in materials and workmanship. Notwithstanding the foregoing, ComNav does not warrant that
the Firmware will meet Licensee's requirements or that its operation will be error free.
6.
WARRANTY EXCLUSIONS. The warranty set forth above will not apply to any deficiencies caused by (a) the Product not
being used as described in the documentation supplied to the Licensee, (b) the Firmware having been altered, modified or
converted in any way by anyone other than ComNav, (c) any malfunction of the Licensee's equipment or other firmware or
software, or (d) damage occurring in transit or due to any accident, abuse, misuse, improper installation, lightning (or other
Document PN 29010107 V1r1
respect
to
the
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subject
matter
of
this
Agreement.
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