Iridium Pilot User Manual page 72

Software, Upgrades and Additional Copies. For purposes of the Agreement, "Software" shall include
(and the terms and conditions of the Agreement shall apply to) computer programs, including firmware, as
provided to Purchaser by Iridium or an authorized Iridium reseller, and any upgrades, updates, bug fixes or
modified versions thereto (collectively, "Upgrades") or backup copies of any of the foregoing.
NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS : (1) UNLESS AUTHORIZED BY
IRIDIUM, PURCHASER HAS NO LICENSE OR RIGHT TO MAKE OR USE ANY ADDITIONA L COPIES OR UPGRADES.
IRIDIUM MAY MAKE SOFTWARE AVAILABLE BASED ON ADDITIONA L TERMS; (2) USE OF UPGRADES IS LIMITED
TO IRIDIUM PRODUCTS AND ACCESSORIES FOR WHICH PURCHASER IS THE ORIGINAL END USER, PURCHASE R
OR LESSEE OR OTHERWISE HOLDS A VALID LICENSE TO USE THE SOFTWARE WHICH IS BEING UPGRADED; AND
(3) THE MAKING AND USE OF ADDITIONA L COPIES IS LIMITED TO NECESSARY BACKUP PURPOSES ONLY.
Proprietary Notices. Purchaser agrees to maintain and reproduce all copyright and other proprietary
notices on all copies, in any form, of the Software in the same form and manner that such copyright and
oth er p roprietary notices are in clud ed o n the So ftwar e . Excep t as expressly autho rized in these Terms and
Conditions, Purchaser shall not make any copies or duplicates of any Software without the prior written
permission o f Iridium.
Term and Termination. These Terms and Conditions and the license granted herein shall remain effective
until terminated. Purchaser may terminate these Terms and Conditions and the license at any time by
destro ying all cop ies o f So ftwa re an d an y Documen ta tio n . Purch aser's rig hts un der these Terms and
Conditions will terminate immediately without notice from Iridium if Purchaser fails to comply with any
provision o f these Terms an d Co nd itio ns. Up on termin ation , Purch aser sh all destroy all cop ies o f So ftwa re and
Documentation in its possession or control. All confidentiality obligations of Purchaser and all limitations of
liability and disclaimers and restrictions of warranty shall survive termination of this Agreement.
Export, Re-Export, Transfer and Use Controls. The Software, Documentation and technology or direct
products thereof (hereafter referred to as Software and Technology), supplied by Iridium under these
Terms and Conditions are subject to export controls under the laws and regulations of the United States
(U.S.). Purchaser sh all comp ly with such laws and regulation s g overnin g expo rt, re-export, transfer and
use of Iridium Software and Technology and will obtain all required U.S. and local authorizations, permits,
or licenses. Iridium and Purchaser each agree to provide the other information, support documents, and
assistan ce as may reason ably be required by th e o th er in conn ection with securing auth orization s o r licenses.
U.S. Government End User Purchasers. The Software and Documentation qualify as "commercial items,"
as th at term is d efin ed at Federal Acq uisitio n Reg ula tio n ("FAR") (48 C.F.R.) 2. 1 01, co n sisting o f "comme rc i a l
comp uter softwa re" an d "commercial co mputer so ftware documentatio n " as such terms are used in FAR
12.212. Co n sisten t with FAR 12.212 and Do D FAR Sup p . 227.7202¬1 th roug h 227.7202-4, and, no twith standing
any other FAR or other contractual clause to the contrary in any agreement into which these Terms and
Conditions may be incorporated, Purchaser may provide to Government end user or, if the sale is direct,
Government end user will acquire the Software and Documentation with only those rights set forth in these
Terms and Conditions. Use of either the Software or Documentation or both constitutes agreement by the
Government that the Software and Documentation are "commercial computer software" and "commercial
computer software documentation," and constitutes acceptance of the rights and restrictions herein.
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Iridium Pilot User Manual