Annexe g, Contrat de licence d’utilisateur final – CiDRA SONARtrac Manuel d'utilisation

Page 263

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20838-01FR Rév. 09

Page G-1

Annexe G

CONTRAT DE LICENCE D’UTILISATEUR FINAL

END USER LICENSE AGREEMENT

You have acquired a device (“DEVICE”) that includes software licensed by CiDRA Corporation (“CiDRA”) from an affiliate of
Microsoft Corporation (“MS”). Those installed software products of MS origin, as well as associated media, printed materials, and
“online” or electronic documentation”(SOFTWARE”) are protected by international intellectual property laws and treaties.
Manufacturer, MS and its suppliers (including Microsoft Corporation) own the title, copyright, and other intellectual property rights in
the SOFTWARE. The SOFTWARE is licensed, not sold. All rights reserved.

This EULA is valid and grants the end-user rights ONLY if the SOFTWARE is genuine and a genuine Certificate of Authenticity for
the SOFTWARE is included. For more information on identifying whether your software is genuine, please see
http://www.microsoft.com/privacy/howtotell.

IF YOU DO NOT AGREE TO

THIS END USER LICENSE AGREEMENT (“EULA”), DO NOT USE THE DEVICE OR COPY THE

SOFTWARE. INSTEAD, PROMPTYLY CONTACT CiDRA FOR INSTRUCTIONS ON RETURN OF THE UNUSED DEVICE(S)
FOR A REFUND. ANY USE OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO USE ON THE DEVICE, WILL
CONSTITUTE YOUR AGREEMENT TO THIS EULA (OR RATIFICATION OF ANY PREVIOUS CONSENT).

GRANT OF SOFTWARE LICENSE. This EULA grants you the following license:

You may use the SOFTWARE only on the DEVICE.

Restricted Functionality. You are licensed to use the SOFTWARE to provide only the limited functionality (specific tasks or
processes) for which the DEVICE has been designed and marked by CiDRA. This license specifically prohibits any other use of the
software programs or functions, or inclusion of additional software programs or functions that do not directly support the limited
functionality on the DEVICE. Notwithstanding the foregoing, you may install or enable on a DEVICE, systems utilities, resource
management or similar software solely for the purpose of administration, enhancement and/or preventive maintenance of the
DEVICE.

If you use the DEVICE to access or utilize the services or functionality of Microsoft Windows Server products (such as Microsoft
Windows Server 2003), or use the DEVICE to permit workstation or computing devices to access or utilize the services or
functionality of Microsoft Window Server products, you may be required to obtain a Client Access License for the DEVICE and/or
each such workstation or computing device. Please refer to the end user license agreement for your Microsoft Windows Server
product for additional information.

NOT FAULT TOLERANT. THE SOFTWARE IS NOT FAULT TOLERANT. CiDRA HAS INDEPENDENTLY DETERMINED HOW
TO USE THE SOFTWARE IN THE DEVICE, AND MS HAS RELIED UPON CiDRA TO CONDUCT SUFFICIENT TESTING TO
DETERMINE THAT THE SOFTWARE IS SUITABLE FOR SUCH USE.

NO WARRANTIES FOR THE SOFTWARE.

THE SOFTWARE is provide “AS IS” and with all faults. THE ENTIRE RISK AS TO

SATISFACTORY QUALITY, PERFORAMNCE, ACCURACY, AND EFFORT (INCLUDING LACK OF NEGLIGENCE) ISWITH YOU.
ALSO, THERE IS NO WARRANTY AGAINST INTERFERNCE WITH YOUR ENJOYMENT OF THE SOFTWARE OR AGAINST
INFRINGEMENT. IF YOU HAVE RECEIVED ANY WARRANTIES REGARDING THE DEVICE OR THE SOFTWARE, THOSE
WARRANTIES DO NOT ORIGINATE FROM, AND ARE NOT BINDING ON, MS.

No Liability for Certain damages. EXCEPT AS PROHIBITED BY LAW, MS SHALL HAVE LIABILITY FOR ANY INDIRECT,
SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OR
PERFORAMNCE OF THE SOFTWARE. THIS LIMITATION SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL
PURPOSE. IN NO EVENT SHALL MS BE LIABLE FOR ANY AMOUNT IN EXCESS OF U.S. TWO HUNDRED FIFTY DOLARS
(U.S. $250.00).

Restricted Uses. The SOFTWARE is not designed or intended for use or resale in hazardous environments requiring fail-safe
performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, or other
devices or systems in which a malfunction of the SOFTWARE would result in foreseeable risk of injury or death to the operator of
the device or systems, or to others.

Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or
disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law
notwithstanding this limitation.

SOFTWARE as a Component of the DEVICE

– Transfer. This license may not be shared, transferred to or used concurrently on

different computers. The SOFTWARE is licensed with the DEVICE as a single integrated product and may only be used wit the
DEVICE. If the SOFTWARE is not accompanied by a DEVICE, you may not use the SOFTWARE. You may permanently transfer
all of your rights under this EULA only as part of a permanent sale or transfer of the DEVICE, provided you retain no copies of the
SOFTWARE. If the SOFTWARE is an upgrade, any transfer must also include all prior versions of the SOFTWARE. This transfer

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