Iridium GO! exec User Manual page 104

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(v)
disclose, provide, or otherwise make available trade secrets contained within the
Software and Documentation in any form to any third party without the prior written
consent of Iridium. You shall implement reasonable security measures to protect such
trade secrets.
Only to the extent required by law, and at your written request, Iridium shall provide you with the
interface information needed to achieve interoperability between the Software and another
independently created program, on payment of Iridium's applicable fee, if any. You shall observe
strict obligations of confidentiality with respect to such information and shall use such information
in compliance with any applicable terms and conditions upon which Iridium makes such
information available.
Software, Upgrades and Additional Copies. "Software" shall include computer programs,
including firmware, as provided to you by Iridium or a Service Provider, 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 THE AGREEMENT:
(1) UNLESS AUTHORIZED BY IRIDIUM, YOU HAVE NO LICENSE OR RIGHT TO MAKE OR
USE ANY ADDITIONAL COPIES OR UPGRADES. IRIDIUM MAY MAKE SOFTWARE
AVAILABLE BASED ON ADDITIONAL TERMS;
(2) USE OF UPGRADES IS LIMITED TO IRIDIUM EQUIPMENT FOR WHICH YOU ARE THE
ORIGINAL END USER PURCHASER OR OTHERWISE HOLD 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. You agree 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 other proprietary notices are included on the Software. Except as expressly
authorized, you shall not make any copies or duplicates of any Software without the prior written
permission of Iridium.
Term and Termination. The license granted herein shall remain effective until terminated. You
may terminate the license at any time by destroying all copies of Software and any Documentation.
Your rights under the license will terminate immediately without notice from Iridium if you fail to
comply with any provision of the license and Limited Warranty. Upon termination, you shall destroy
all copies of Software and Documentation in your possession or control. All of your confidentiality
obligations and all limitations of liability and disclaimers and restrictions of warranty shall survive
termination.
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 are
subject to export controls under the laws and regulations of the United States (U.S.). You shall
comply with such laws and regulations governing export, 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 you each agree to provide the other information, support documents, and
assistance as may reasonably be required by the other in connection with securing authorizations
or licenses.
U.S. Government End User Purchasers. The Software and Documentation qualify as
"commercial items," as that term is defined at Federal Acquisition Regulation ("FAR") (48 C.F.R.)
2.101, consisting of "commercial computer software" and "commercial computer software
documentation" as such terms are used in FAR 12.212. Consistent with FAR 12.212 and DoD FAR
104

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