1. The Client hereby grants to Customer a non-exclusive, non-transferable, limited license to use the Software solely when embedded as part of and within the Product supplied by the Client to the Customer. Except for the express grants, no other rights or licenses are granted or conveyed to the Customer whether by implication, estoppel, or otherwise.
2. Customer shall not copy, modify, amend, adapt, translate, reverse engineer, decompile, disassemble (except to the extent that this restriction is expressly prohibited or limited by applicable law) the Software nor create or attempt to create derivative works based on the Software.
3. This agreement does not provide for or include any right for the Customer to use the Software in any manner that would cause the Software to become subject to any license terms for software that, as a condition of use, copying, modification or distribution, require such software and/or derivative works thereof to be disclosed or distributed in source code form, to be licensed for the purpose of making derivative works, or to be distributed free of charge, including without limitation software distributed under the GPL (GNU General Public License) or LGPL (GNU Lesser General Public License).
4. Some portions of the Software may include open source software. Such portions are typically marked in the source code, in the documentation and/or as part of the installation. The said portions are delivered and licensed solely in accordance with and ruled by the relevant terms and conditions of the open source licenses and nothing in this agreement will be deemed to be a variation or amendment or waiver to the terms and conditions of those licenses. In case of a conflict between such terms and conditions and this agreement, the terms and conditions of the open source licenses shall prevail. Customer may obtain the complete corresponding source code of the portions of the Software licensed under LGPL and GPL (if any) for a period of three (3) years after delivery by sending an e-mail to opensource@Bittium.com.
5. All right, title and interest in the intellectual property rights, including but not limited to copyrights, patents, trademarks, trade secrets, whether registered or not, subsisting anywhere in the world in or relating to the Software are retained by the Client or its licensors, as applicable. Customer shall not alter, remove, conceal or modify any information indicating the owner of the intellectual property rights relating to the Software.
6. Any Software delivered by the Client is supplied “AS IS”. ALL WARRANTIES ARE DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EITHER EXPRESS OR IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE, THE MEDIA ON WHICH SUCH SOFTWARE IS CONTAINED, AND THE ACCOMPANYING WRITTEN MATERIALS.
7. In no event will the Client be liable for any damages resulting from loss of data, loss of use, loss of revenue or any other pecuniary loss or for indirect, incidental, special, consequential or other similar damages even if the Client has been advised of the possibility of such damages. In any case, the Client’s entire liability under any provision of these terms and conditions shall be limited to the amount actually paid by Customer for the Software, less applicable depreciation.
8. Customer shall maintain the confidentiality of the Software, by taking those precautions in protecting the Software it employs to protect its own confidential information but no less than a reasonable amount of care. This section shall survive termination of this agreement.
9. Without prejudice to any other rights, the Client may terminate these terms and the license granted hereby with no prior notice if Customer fails to comply with the terms and conditions as stated herein. In such event, Customer must immediately cease using the Software. The provisions contained in this Agreement that protect the interests of the Client in the Software shall survive the termination of this agreement.
10. The Customer agrees to comply with all export and re-export restrictions and regulations of US, EU and other governments. Customer shall not export Software for military end-uses, as defined in part 744.21 of the EAR, to the People’s Republic of China.