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What Client Say. I recommend them". Ebuka Amadi. If the single computer on which you use the Software is a multi-user or network system, the License covers only one user on that single system. The Software is "in use" on a computer when it is loaded into the temporary memory i.
In the event you do not maintain an active Internet connection for each such computer or Internet service is unavailable to you or Cardinal, the Network License will cease to be available until service is restored. You may only permit your authorized employees to access and use the Software.
Under no circumstances may you disclose to or permit personnel other than your authorized employees to use the Software, including but not limited to employees of affiliated companies, subcontractors or consultants. Cardinal reserves all rights not expressly granted to you.
There are technological measures in this Software that are designed to prevent unlicensed use of the Software. Cardinal will use those measures to confirm you have a legally licensed copy of the Software.
If you are not using a licensed copy of the Software, you are not allowed to run the Software or future Software updates. Cardinal will not collect any personally identifiable information from your computer during this process.
You may need to reactivate the Software if you modify your computer hardware or move the system clock backwards. Cardinal reserves the right to update, change and or disable the Software at any time. Ownership of Software. As the licensee, you own the magnetic or other physical media on which the Software is originally or subsequently recorded or fixed, but Cardinal retains title to and ownership of the Software recorded on the physical media and all subsequent copies of the Software, regardless of the form or media in or on which the original and other copies may exist.
The License is not a sale of the original Software or any copy. You acknowledge and agree that, as between the you and Cardinal, Cardinal retains the sole right, title and interest in and to the: i Software and Documentation, ii all patents, copyrights, trade secrets, and other intellectual property rights with respect to the Software and Documentation, and iii suggestions made by you for the Software, even if such suggestions are incorporated into subsequent versions of the Software.
Copy Restrictions. The Software and Documentation are protected by United States and foreign patent, copyright, trade secret, and other intellectual property laws. Unauthorized copying of the Software or Documentation, including Software that has been modified, merged, or included with other software, is expressly forbidden. You may be held legally responsible for any patent, copyright, trade secret, or other intellectual property infringement or misappropriation that is caused or encouraged by your failure to abide by the terms of this Agreement.
Subject to these restrictions, and if the Software is not copy-protected, you may make one 1 copy of the Software solely for backup purposes, provided that the copy includes all copyright and proprietary rights notices embedded in the Software and that you reproduce any such notices on the physical media on which the copy is stored.
You may not make any copies of the Documentation. Use Restrictions. Upon prior written consent from Cardinal, you may physically transfer the Software from one computer to another located outside the Excluded Territory, provided that the Software is removed from the prior computer and you provide Cardinal with written certification of such removal.
You may not electronically transfer the Software from one computer to another over a network. You may not distribute copies of the Software or Documentation to others.
You may not modify, adapt, translate, or create derivative works based on the Documentation without the prior written consent of Cardinal.
Transfer Restrictions. You may not transfer, assign or delegate your rights or duties under this Agreement without the prior written consent of Cardinal; provided however, that you may assign your rights in whole but not in part to any entity that acquires substantially all of your stock or assets, or to the surviving corporation of any merger, consolidation or reorganization to which you are a party. No such assignment shall be effective unless i you notify Cardinal of the assignment in writing and ii the assignee agrees in writing to abide by the terms of this Agreement.
Any assignment in violation of the foregoing shall be void. This Agreement including the License and any Network Licenses is effective until terminated. Cardinal may terminate this Agreement with or without cause at any time upon ten 10 days prior written notice to you. This Agreement will terminate automatically without notice from Cardinal if you fail to comply with any provision of this Agreement.
Upon any such termination, all of your rights to use the Software and Documentation shall immediately cease and you shall promptly destroy all copies of the Software and Documentation, including modified copies, if any. Any obligations to pay fees to Cardinal prior to termination, and the provisions of Sections 2, 3, 4, 8 and 9, shall survive termination of this Agreement for any reason.
Termination is not an exclusive remedy and all other remedies will be available whether or not this Agreement is terminated. Limited Warranty and Disclaimer. Limited Warranty. Cardinal warrants that, for a period of thirty 30 days from the date you receive the Software, the medium, if any, upon which the Software is provided to you by Cardinal will be free from defects in material and workmanship under normal use. Cardinal hereby limits the duration of any implied warranty on the medium to the period stated above.
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