LAUNCH TECH OBD BOOK 6830 Manual page 6

LAUNCH OBD BOOK OBDII Auto Scanner
"Software" shall include (and the terms and conditions of this Agreement shall apply to)
computer programs, including firmware, as provided to Customer by 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 IS
LIMITED TO 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
any time by destroying all copies of Materials and any Document. Customer's rights
under this Agreement will terminate immediately without notice from LAUNCH if
Customer fails to comply with any provision of this Agreement. Upon termination,
Customer shall destroy all copies of Software in its possession or control. All
confidentiality obligations of Customer and all limitations of liability and disclaimers and
restrictions of warranty shall survive termination of this Agreement.
Customer Records. Customer grants to LAUNCH and its independent accountants the
right to examine Customer's books, records and accounts during Customer's normal
business hours to verify compliance with this Agreement. In the event such audit
discloses non-compliance with this Agreement, Customer shall promptly pay to
LAUNCH the appropriate license fees, plus the reasonable cost of conducting the
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