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compile, reduce in human readable form or otherwise access the source code of the Software (iii) sublicense, rent,
lease, modify, enhance, supplement, create derivative works from the Software; (iv) copy the Software other than as
expressly allowed; (v) remove or otherwise tamper with any proprietary notices contained on or in the Software; or (vi)
use or permit the Software to be used to perform services for third parties, whether on a service bureau or time sharing
basis or otherwise, without our express written authorization.
4.
Authorized Copies. VES will provide You with one copy of the media and documentation for the Software.
For Software licensed under an enterprise license, VES grants to You right to make copies of the Software solely for
Your own internal use, within the scope of the enterprise license. You may also make one copy of back-up or archival
copies of Software solely for Your own internal use. You must reproduce on all copies made, all proprietary and
copyright notices contained on or in the Software.
5.
Software Transfers. Except to the extent otherwise provided in any applicable open source license, You
must not transfer the Software to any other person or entity, without VES' prior written consent. You may, however,
transfer via a sale to an end-user or OEM, the Operating Software to a third party ("transferee") solely with the related
VES Equipment, but You must ensure that the transferee agrees to the terms of these Software License Terms and
other relevant license terms. The Operating Software is provided to the transferee on an "as is" basis, with no extension
of any existing warranty or support arrangements. When the transfer is complete, You must remove and destroy all
copies of the Operating Software in Your possession or under Your control. You must also permanently remove all
Software from any media upon which it is stored prior to disposing of the media. VES may require a certificate of
destruction or with compliance with this section.
6.
Location of Software. If the Equipment upon which You are authorized to Use the Software becomes
temporarily inoperable, You may load and Use the Software on another of Your computer systems located at the same
premises, until the original Equipment becomes operable. Otherwise, You must always get VES' prior written consent
before changing the Equipment on which the Software is to be Used, or its location.
7.
Verification Rights. VES or its independent auditor may, upon reasonable notice to You, examine and audit
Your records and systems to ensure compliance with applicable software licenses. The audit will be performed during
normal business hours in a manner which does not unduly interfere with Your business operations. If the audit shows
that You are using more copies of the Software than permitted under Your applicable licenses, VES will charge You
additional usage fees.
8.
Limited Warranty. Subject to this Section 8, VES warrants to You that, during the Warranty Period, the
Software will function in accordance with the Published Specifications for a period of ninety (90) days from the date of
delivery. The complete VES warranty is available at https:// www.vikingenterprisesolutions.com/______. To make a
valid warranty claim, You must submit a claim to VES under the procedures set out at the warranty webpage:
https://www.vikingenterprisesolutions.com/rma-form/
EXCEPT AS SPECIFIED IN THESE SOFTWARE LICENSE TERMS, ALL EXPRESS OR IMPLIED CONDITIONS,
REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OR CONDITION OF
MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE AND NON-
INFRINGEMENT ARE EXCLUDED TO THE MAXIMUM EXTENT PERMITTED BY LAW. VES DOES NOT
WARRANT THAT ANY SOFTWARE OR THIRD PARTY SOFTWARE WILL OPERATE UNINTERRUPTED OR
ERROR FREE; OR WILL OPERATE IN HARDWARE AND SOFTWARE COMBINATIONS OTHER THAN AS
AUTHORIZED BY VES IN THE SUPPORTING MATERIAL.
9.
Ownership and Licenses. VES and its licensors own all copyright, trademarks, designs, patents, circuit
layout rights, know-how, trade secrets, trade, business or company names, domain names and related registration
rights and all other intellectual property rights in the Software, including any modifications ("VES IP"). VES IP is
protected by U.S. and other copyright laws and the laws protecting trade secret, other intellectual property rights and
confidential information. You only get license rights in Software, expressly stated in these Software License Terms.
expressly provided by any open source license, You must not do anything to jeopardize VES'
Except as otherwise
or our licensors' rights in the VES IP including to (i) copy, modify, merge, or transmit VES IP; (ii) register or attempt to
register any competing intellectual property rights to the VES IP; (iii) delete or tamper with any proprietary notices on
or in the VES IP, (iv) take or use any action that diminishes the value of any trademarks included in the VES IP, or (v)
use the Software in violation of applicable law. These restrictions are in addition to those stated in Article 3.
10.
Intellectual Property Claims. Subject to Section 9 and the exceptions in this Section, if a third party makes
a claim against You that the Software infringes that party's patent rights or copyright ("IP Claim"), VES will provide the
100
Viking Enterprise Solutions™ Proprietary Information
or may be obtained in the EULA Software User Guide.
ONYX Series Harware Guide
Document CTC-DOC-003005
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