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10.4 Software end user license agreement
NOTICE
SOFTWARE END USER LICENSE AGREEMENT
THIS SOFTWARE END USER LICENSE AGREEMENT (THIS "AGREEMENT") IS A LEGAL AND BINDING
AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR ENTITY) PRODVX EUROPE B.V., A DUTCH
LIMITED LIABILITY COMPANY, WITH ITS PRINCIPAL OFFICE AT EUROPALAAN 12F, 5232BC DEN
BOSCH, THE NETHERLANDS AND ITS SUBSIDIARY COMPANIES (INDIVIDUALLY AND COLLECTIVELY
"PRODVX"). THIS AGREEMENT GIVES YOU THE RIGHT TO USE CERTAIN SOFTWARE (THE
"SOFTWARE") INCLUDING USER DOCUMENTATION IN ELECTRONIC FORM WHICH MAY HAVE BEEN
PROVIDED SEPARATELY OR TOGETHER WITH A PRODVX PRODUCT (THE "DEVICE"). BY
DOWNLOADING, INSTALLING OR OTHERWISE USING THE SOFTWARE, YOU ACCEPT AND AGREE TO
BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE
TO THESE TERMS AND CONDITIONS, DO NOT DOWNLOAD, INSTALL OR OTHERWISE USE THE
SOFTWARE. IF YOU ACQUIRED THE SOFTWARE IN TANGIBLE MEDIA E.G. CD WITHOUT THE
OPPORTUNITY TO REVIEW THIS LICENSE AND DO NOT ACCEPT THESE TERMS, YOU MAY RECEIVE A
FULL REFUND OF THE AMOUNT, IF ANY, THAT YOU PAID FOR THE SOFTWARE IF YOU RETURN THE
SOFTWARE UNUSED WITH PROOF OF PAYMENT WITHIN 30 DAYS FROM THE DATE OF PURCHASE.
1. Grant of License. This Agreement grants you a non-exclusive, nontransferable, non-sub
licensable license to install and use, on the Device, one (1) copy of the specified version of the
Software in object code format as set out in the user documentation solely for your personal use.
The Software is "in use" when it is loaded into the temporary or permanent memory (i.e. RAM, hard
disk, etc.) of the Device.
2. Ownership. The Software is licensed and not sold to you. This Agreement grants you only the
right to use the Software, but you do not acquire any rights, express or implied, in the Software
other than those specified in this Agreement. ProDVX and its licensors retain all right, title, and
interest in and to the Software, including all patents, copyrights, trade secrets, and other
intellectual property rights incorporated therein. The Software is protected by copyright laws,
international treaty provisions, and other intellectual property laws. Therefore, other than as
expressly set forth herein, you may not copy the Software without prior written authorization of
ProDVX, except that you may make one (1) copy of the Software for your back-up purposes only.
You may not copy any printed materials accompanying the Software, or print more than one (1)
copy of any user documentation provided in electronic form, except that you may make one (1)
copy of such printed materials for your back-up purposes only.
3. License Restrictions. Except as provided otherwise herein, you shall not rent, lease, sublicense,
sell, assign, loan, or otherwise transfer the Software. You shall not, and you shall not permit any
third party, to reverse engineer, decompile, or disassemble the Software, except to the extent that
applicable law expressly prohibits the foregoing restriction. You may not remove or destroy any
product identification, copyright notices, or other proprietary markings or restrictions from the
Software. All titles, trademarks, and copyright and restricted rights notices shall be reproduced on
your back up copy of the Software. You may not modify or adapt the Software, merge the Software
into another program or create derivative works based upon the Software.
4. Disclaimer. THE SOFTWARE IS DESIGNED TO ASSIST YOU IN TRANSFERRING MATERIAL OVER
WHICH YOU HOLD THE COPYRIGHT OR WHICH HAVE OBTAINED PERMISSION TO OBTAIN AND
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