Viking ONYX Series Hardware Manual page 99

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software for your internal purposes or as part of a sale or resale to an endcustomer and is subject
to any specific software licensing information that is in the software product or its Supporting
Material:
Your use is subject to the following restrictions, unless specifically allowed in Supporting Material:
(i)
to Use the Operating Software solely on the VES Equipment with which it is shipped, toenable
the Equipment to function
(ii) to Use the Programs solely for Your internal business needs subject to the restrictions
specified on any Equipment used in connection with the Programs. For capacity-based
Programs, You will Use the Programs up to the specified capacity purchased, on the relevant
equipment, network, device, memory DIMMs and PCle Add in Cards or CPU allowed If You
wish to exceed capacity, You must pay VES any additional license fees first.
(iii) license is for end use as determined by the purchase agreement executed with VES.
(iv) You may not make copies and distribute, resell or sublicense software to third parties.
(v) You may not download and use patches, enhancements, bug fixes, or similar updates unless
you have a license to the underlying software, without written approval from VES..
(vi) You may not copy software or make it available on a public or external distributed network.
(vii) You may not allow access on an intranet unless it is restricted to authorized users.
(viii) You may make one copy of the software for archival purposes or when it is an essential stepin
authorized use.
(viii)
You may not modify, reverse engineer, disassemble, decrypt, decompile or make derivative works of software.
If you have a mandatory right to do so under statute, you must inform VES in writing about such modifications.
(ix)
The Software is attached to, embedded with, and made a part of the VES hardware Product that You
purchased. The purchase of the VES hardware Product provides You with a license right to use the Product as
described herein and in compliance with the terms and conditions found in your purchase agreement.
You obtain no title or ownership in any Software or intellectual property nor do You obtain any right to sublicense the
Software. The Software may be used only as provided in either machine-readable object code form or machine-
compressed form, and the related documentation may be used only in printed or electronic form.
Third Party Software. Third Party Software may be embedded in VES' Software and is sublicensed directly
2.
to You. Other Third Party Software is provided to You subject to Third Party end user license agreements or ("3rd
Party EULA"), available from VES at Your request. You will have no recourse against VES unless VES is the stated
licensor and then only to the extent provided in such license. You will be responsible to do whatever is necessary or
required by the third party licensor for the licenses and related terms to take effect (e.g. online registration). Unless
stated otherwise in these Software License Terms or in the third party license or provided under a maintenance contract,
VES will not provide support for Third Party Software and will not provide You with any IP indemnity for the Third Party
Software. Some Software licensed to You includes Open Source Software, and You can access a complete list of these
licenses for the Open Source Software provided with VES or VES' proprietary Software from the Open Source License
Website. The Open Source License Website does not include Third Party Related OSS. You must refer back to the
applicable 3rd Party EULA for those terms. It is Your responsibility to review and adhere to all licenses for Open Source
Software. By accepting the Software License Terms, You are also accepting the terms and conditions of the licenses
applicable to any Third Party Software (including any Open Source Software) included with the Software. If the Software
licensed by VES includes certain software licensed under the GNU General Public License or other similar Open
Source Software with a license that requires the licensor to make the source code publicly available ("GPL Software")
and the applicable source code was not included in the Software, then You may obtain a copy of the applicable source
code for the GPL Software by either (a) requesting the open source code be mailed to You by VES or (b) downloading
the open source code by following the links on the Open Source License Website.
3.
Use Restrictions. Except to the extent these restrictions are prohibited by applicable law or prohibited by the
terms of any open source license, You agree to not, and must not allow any other person to: (i) use the Software to
conduct comparative or competitive analyses, including benchmarking; (ii) reverse engineer, decompile, reverse
99
Viking Enterprise Solutions™ Proprietary Information
ONYX Series Harware Guide
Document CTC-DOC-003005

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