Subject to the terms and conditions of this Agreement, GN Hearing A/S grants to the user a non-exclusive, non-transferable, limited license, without the right to sublicense, to use this software in object code format only (the “Software”), and (ii) the user documentation relating thereto (the “Documentation”), solely for user’s internal business use as an authorized distributor of GN Hearing A/S’s products. All copies of the Software or Documentation are the exclusive property of GN Hearing A/S. From time to time during the term of this Agreement, GN Hearing A/S may make available such updates and enhancements to, and new releases of, the Software as it generally makes commercially available (collectively, the “Updates”). Upon the delivery of an Update, it shall be considered Software for all purposes of this Agreement.
User shall use the Software only on the hardware and operating system specified in the Documentation.
User agrees not to: (i) decompile or disassemble the Software, separate the Software into its component parts, or in any way reverse engineer or attempt to discover any source code or algorithms of the Software by any means whatsoever; (ii) remove any product identification, trademark, copyright, confidentiality, proprietary or other notice contained on or within the Software or Documentation; (iii) modify or create any derivative works from the Software or Documentation or any part thereof, except to the extent that the Software provides for user-modifiable components; (iv) sell, sublicense, lease, rent, loan, assign, convey or otherwise transfer the Software or Documentation or any component thereof; (v) permit the Software to be used for third-party training, commercial time sharing or service bureau use; (vi) otherwise copy or use the Software or Documentation for any purpose or in any manner not expressly permitted in this Agreement; or (vii) permit any third party to do any of the foregoing.
The original and any back-up copies of the Software may only be used in connection with a single computer or computer network at a single site or location. Additional copies of the Software must be licensed for each additional approved site or location.
GN Hearing A/S and its licensors own and shall retain all proprietary rights, including all patent, copyright, trade secret, trademark and other intellectual property rights, in and to the Software and Documentation, including any and all corrections, enhancements, updates or other modifications thereto. The license granted under this Agreement does not provide user with title to or ownership of the Software or Documentation, but only a right of limited use under the terms and conditions of this Agreement.
IN NO EVENT SHALL GN Hearing A/S BE LIABLE FOR ANY LOSS OF USE OR GOODWILL, INTERRUPTION OF BUSINESS, LOSS OR INACCURACY OF BUSINESS INFORMATION, LOST PROFITS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL GN Hearing A/S’S LIABILITY ARISING FROM OR RELATING TO THIS AGREEMENT EXCEED THE AMOUNT OF FEES RECEIVED BY GN Hearing A/S UNDER THIS AGREEMENT.