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Librestream Onsight 1000/2000/2500 User Manual End User License Agreement

1.15 “Third Party Software License

Agreement” means a license agreement

for a particular Third Party Software

product, in the form attached to this End

User License Agreement as a Schedule or

in the form expressly referenced in any

such Schedule.

1.16 “Upgrades” means all upgrades,

modified versions, updates, additions and

copies of any Software (including related

documentation) which are provided,

installed or made available online or

otherwise by Librestream or any Third

Party Licensor.

1.17 “use” or “using” includes accessing,

downloading, installing or copying any of

the Software or otherwise benefiting from

the functionality of any of the Software

and/or any Librestream Product.

2. LIMITED LICENSE.

2.1 Subject to Licensee's strict compliance

with the terms and conditions of this

Agreement, Librestream hereby grants to

Licensee, during the term of this

Agreement, a worldwide, non-transferable,

non-exclusive, revocable, royalty-free

limited license to use the Software for

Licensee’s internal business purposes and

for no other purpose whatsoever. For

greater certainty:

(a) some of the Third Party Software is

licensed to Licensee in accordance with

the provisions of the Third Party Software

License Agreement applicable thereto,

which Licensee acknowledges reading and

agrees is binding on Licensee;

(b) all of the Librestream Software and all

Third Party Software that is not subject to a

Third Party Software License Agreement is

licensed to Licensee in accordance with

the terms and conditions of this End User

License Agreement; and

part of Licensee or those for whom it is

responsible in law with the terms and

conditions of this End User License

Agreement or with the provisions of any

Third Party Software License Agreement

shall constitute default and non-

compliance by Licensee with this End User

License Agreement and all Third Party

Software License Agreements.

2.2 Use of the Software pursuant to this

Agreement shall be limited to the single

Librestream Product and to a single

Computer as set forth in the applicable

Purchase Order and for which Licensee

has paid to the Librestream the required

license fee.

2.3 Any use of the Software which is not

expressly authorized by this Agreement is

strictly prohibited. Without limiting the

generality of the foregoing and

notwithstanding any other provision of this

Agreement, in no event may Licensee do

any of the following or permit any third

party to do any of the following:

(a) transfer, assign or sublicense any of its

license rights to any other person, or use

the Software or any portion thereof on any

unauthorized or secondhand Librestream

Product or on any Computer(s) other than

the specific Computer(s) on which the

Software is licensed to be used - any such

transfer, assignment, sublicense or use

shall be null and void; or

(b) distribute, license, sublicense, rent,

lease or sell the Software or any portion

thereof as a standalone product - any such

distribution, license, sublicense, rent, lease

or sale shall be null and void; or

modify or adapt the Software or any

portion thereof; or

(d) reverse engineer, decrypt, disassemble

or decompile the Software or any portion

thereof, or otherwise reduce the Software

of any portion thereof to human-readable

form, except to the extent otherwise

expressly permitted under applicable law

notwithstanding this prohibition; or

(e) create any derivative works based upon

the Software or any portion thereof or take

any actions that would cause the Software

or any portion thereof to become subject to

the GPL, the LGPL or any other open

source license (unless that portion is

already expressly subject to the GPL, the

LGPL or any other open source license, as

expressly noted in any Third Party

Software License Agreement); or

(f) use the Software or any portion thereof

to perform services for third parties,

whether on a service bureau or time

sharing basis or otherwise, without the

prior express written consent of

Librestream.

2.4 The Software is licensed, not sold, and

is protected by the copyright laws of

Canada and other countries and by

international treaty provisions. All right, title

and interest in and to the Software and any

copies thereof, regardless of form or

media, shall remain solely with Librestream

or the Third Party Licensors, as the case

may be. Except as expressly provided

herein, this Agreement does not grant

Licensee any rights under any of

Librestream's or any Third Party Licensor’s

patents, copyrights, trade secrets,

trademarks or other Intellectual Property

rights. Librestream and each Third Party

Licensor retain all rights not explicitly

granted herein.

2.5 Licensee may make such limited

copies of the Software as are strictly

necessary for backup purposes only,

provided that Licensee will not remove,

obscure or destroy, and will reproduce on

all copies of the Software so made, any

Librestream and any Third Party Licensor

names, logos, copyright or other notices,

trademarks and other proprietary markings

which appear on the Software.

2.6 Licensee is solely responsible for any

use by Licensee or by any third party of

any password issued to Licensee by

ibrestream or any Librestream distributor

or other representative, regardless of

whether or not any such third party use

was authorized by Licensee.

2.7 Licensee may provide Librestream or

any Librestream distributor or other

representative with suggestions,

comments or other feedback regarding

Licensee's evaluation or use of the

Software, including but not limited to

suggested performance improvements to

the Software and/or any Librestream

Product, code enhancements and/or error

corrections (“Feedback”). Licensee agrees

that any Feedback shall be voluntarily

given and that any and all Feedback will

immediately and automatically become the

property of Librestream, and that

Librestream shall be entitled to incorporate

any Feedback into the Software and/or any

Librestream Product without any

compensation or other liability or obligation

of any nature or kind whatsoever to

Licensee.