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"Specified Computer Facility" shall mean the computer or server environ-
ment defined in the Product description that is required for the proper func-
tioning of the Software.
"Updates" shall mean software that correct faults in the Software or that, pur-
suant to no obligation hereunder, enhances the functionality of the Software
by providing additional functions or any other increases in performance.
2 Scope of the License
Leica Geosystems AG, Heinrich-Wild-Strasse, CH-9435 Heerbrugg, Switzer-
land (alternatively, the "Licensor" or "Leica Geosystems") hereby grants to you
(the "Licensee") subject to payment of the applicable license fee and to contin-
uous compliance with all the provisions hereinafter, the non-exclusive, non-
transferable, non-sublicenseable and non-assignable right, to use in the
manner set forth herein the Software on one (1) application, unless other-
wise agreed upon in the Purchase Agreement. The use of the Software for a
purpose other than as licensed herein shall not be permitted.
The foregoing license is limited as follows: (a) the Software will only be used
on such permitted number of applications and in a mechanically readable form;
(b) the Software will as a whole or in part be installed, saved and run only on
the Specified Computer Facility in accordance with the installation instructions
of Licensor; and (c) one (1) copy of the Software may be made exclusively for
security and archiving purposes, provided that such copy carries a comprehen-
sive copyright notice together with all additional references to the rights of
Licensor to the Software and the designation of the original version. In the
event that the Software is an update or an additional module for an already
licensed system, instrument or facility, Licensee may make only as many copies
as previously authorized by Licensor. Certain Software supplied by Licensor may
contain a special program that regulates and monitors the number of simulta-
neous users of the Software in a network environment together with the num-
ber of the licensed copies of the Software, excluding back-up copies (the
"Special Program"). Licensee hereby consents to the inclusion and operation of
such Special Program and to the use of other security devices in connection
with the Software and Licensee shall be prohibited from circumventing,
reverse-engineering or copying such Special Program or any other security
devices.
Licensee will only use the Software in the manner permitted under the forego-
ing license and will not (a) alter the Software or any part thereof in any man-
ner (including, without limitation, through modifications, adaptations, transla-
tions, or second-hand versions.), (b) decompile the Software or any part
thereof, (c) reverse-engineer or disassemble the Software or any part thereof
or manipulate the Software in any other way into a form that persons can
read, (d) transfer the Software or any part thereof to another operating sys-
tem, (e) pass on the Software or any part thereof to a third party or make it
available to a third party in any other manner (including, without limitation, for
testing or by gift, lease, loan or sublicense, or via a service bureau) without the
prior written consent of Licensor, (f) use the Software or any part thereof on a
computer facility other than the Specified Computer Facility, or on more than
one work station, on networks, on a client server system or on mobile addi-
tional instruments without the prior written consent of Licensor, (g) remove,
alter, or obscure any proprietary notices, labels, or marks from the Software,
(h) use any equipment, device, software, or other means designed to circum-
vent or remove any form of copy protection used by Leica Geosystems in con-
nection with the Software, or use the Software together with any authorization
code, serial number, or other copy-protection device not supplied by Leica Geo-
Leica Geosystems Software Licence Agreement
5
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