Installation Guide
or Related Materials; or (9) use the Software to create an Application intended solely to duplicate functionality of an existing
CalAmp end user software product.
Use Licenses: For each Server or Site License purchased, CalAmp grants the Customer the right to distribute Applications on a
single Server or at a single Site, as the case may be, accessible to the number of individual users (not concurrent users) for which
the Server or Site License has been purchased as evidenced by a CalAmp License Certificate. For each Use License purchased, as
evidenced by a CalAmp License Certificate,
CalAmp grants the Customer the right to distribute a single Application to a single User. In no circumstance may Customer
distribute an Application under a site license or concurrent use license unless a comparable license has been purchased for the
Software as evidenced by a CalAmp License Certificate. Customer agrees that distribution of an Application to a User will in all
cases be accompanied by a license agreement containing at a minimum terms and conditions substantially similar to and at least
as restrictive as the following:
The User may not (1) Make derivative works including but not limited to translations, adaptations, arrangements or any other
alteration of the Application or make copies of the Application, except one backup copy may be made for each legally obtained
copy of the Application, provided that all CalAmp and third party licensor information — including copyright notices — are
maintained and possession of the copy is retained in a secure location; (2) Allow access to the Application for unlicensed users;
(3) Rent, lease, sublicense or lend the Application or its rights under the
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license; (4) Alter, decompile, disassemble or reverse engineer the Application; (5) Make any attempt to unlock or bypass any
initialization system
or encryption technique utilized by the Application; or (6) Alter, remove or obscure any proprietary legend, copyright or
trademark notice
contained in or on the Application.
The User agrees to use reasonable efforts to protect the Application from unauthorized use, reproduction, distribution or
publication.
Audit: Customer shall keep records of all transactions involving Software for five (5) years after the transaction. CalAmp shall
have the right upon written notice to audit Customer’s records to verify compliance with this License including the number of
Use Licenses granted by Customer. Audit may take place at Customer’s place or business during normal working hours. In the
event that there is a discrepancy in excess of five percent (5%) between the number of Use Licenses granted and the number paid
for, Customer shall pay all costs related to performing the audit in addition to remitting payment for those licenses granted in
excess of those paid for as evidenced by a CalAmp License Certificate.
General: This Agreement represents our entire understanding and agreement regarding the Software, Software Copies,
Documentation,
Documentation Copies and Related Materials and supersedes any prior purchase order, communication, advertising or
representation and may only be modified in a written amendment signed by an authorized CalAmp representative or by a specific
prior or subsequent written agreement between the parties. If any provision of this Agreement shall be unlawful, void or for any
reason unenforceable, that provision shall be deemed severable from, and shall in no way affect the validity or enforceability of,
the remaining provisions.
8 Limited Warranty
Covering the Physical Media and Printed Materials: CalAmp warrants to you, the original licensee, that the media on which
the Software is recorded are free from defects in materials and workmanship under normal use and service FOR A PERIOD OF
NINETY (90) DAYS FROM
THE DATE OF DEVELOPER LICENSE PURCHASE. CalAmp’s entire liability and your exclusive remedy as to defective
media,
Documentation or Related Material(s) shall be replacement of the media, Documentation or Related Material(s) by CalAmp.
Each defective item, along with proof of license purchase and date, must be sent in a traceable manner to: CalAmp Wireless
Networks Inc., 15635 Alton Parkway, Suite 250, Irvine, CA 92618.
Disclaimer Regarding the Software, Documentations and Related Materials: THE SOFTWARE, DOCUMENTATION
AND RELATED
MATERIALS ARE PROVIDED “AS IS.” EXCEPT AS MAY OTHERWISE BE EXPRESSLY SET FORTH HEREIN,
CALAMP MAKES NO
REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE,
DOCUMENTATION OR
RELATED MATERIALS INCLUDING BY WAY OF EXAMPLE, AND NOT LIMITATION, THE IMPLIED WARRANTIES
OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BY WAY OF FURTHER EXAMPLE AND NOT
LIMITATION,
CALAMP MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE
ACCURACY,
RELIABILITY OR COMPLETENESS OF THE DOCUMENTATION OR THE RELATED MATERIALS. THE ENTIRE RISK
AS TO THE