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Tektronix MSO56 [21/628] Tektronix software license agreement

TEKTRONIX SOFTWARE LICENSE AGREEMENT

THE SOFTWARE, ENCODED OR INCORPORATED WITHIN EQUIPMENT OR ACCOMPANYING THIS AGREEMENT, IS

FURNISHED SUBJECT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. UNLESS PROVIDED TO THE UNITED

STATES GOVERNMENT, BY RETAINING THE SOFTWARE FOR MORE THAN THIRTY DAYS OR USING THE SOFTWARE

IN ANY MANNER YOU (A) ACCEPT THIS AGREEMENT AND AGREE THAT LICENSEE IS LEGALLY BOUND BY ITS TERMS;

AND (B) REPRESENT AND WARRANT THAT: (I) YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT;

AND (II) IF LICENSEE IS A CORPORATION OR OTHER LEGAL ENTITY, YOU HAVE THE RIGHT, POWER, AND

AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF LICENSEE AND BIND LICENSEE TO ITS TERMS. IF

LICENSEE DOES NOT AGREE TO THE TERMS OF THIS AGREEMENT, LICENSOR WILL NOT AND DOES NOT LICENSE

THE SOFTWARE TO LICENSEE AND YOU MUST NOT DOWNLOAD OR INSTALL THE SOFTWARE OR DOCUMENTATION.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT OR YOUR OR LICENSEE'S ACCEPTANCE OF

THE TERMS AND CONDITIONS OF THIS AGREEMENT, NO LICENSE IS GRANTED (WHETHER EXPRESSLY, BY

IMPLICATION, OR OTHERWISE) UNDER THIS AGREEMENT, AND THIS AGREEMENT EXPRESSLY EXCLUDES ANY

RIGHT, CONCERNING ANY SOFTWARE THAT LICENSEE DID NOT ACQUIRE LAWFULLY OR THAT IS NOT A

LEGITIMATE, AUTHORIZED COPY OF LICENSOR'S SOFTWARE.

IF THESE TERMS ARE NOT ACCEPTABLE, THE UNUSED SOFTWARE AND ANY ACCOMPANYING DOCUMENTATION

SHOULD BE RETURNED PROMPTLY TO TEKTRONIX FOR A FULL REFUND OF THE LICENSE FEE PAID. (FOR

INFORMATION REGARDING THE RETURN OF SOFTWARE ENCODED OR INCORPORATED WITHIN EQUIPMENT,

CONTACT THE NEAREST TEKTRONIX SALES OFFICE.)

DEFINITIONS

"Tektronix" means Tektronix, Inc., an Oregon corporation, or local Tektronix legal entity that is supplying the equipment.

"Customer," "Licensee," or "You" means the person or organization in whose name the Software was ordered.

LICENSE

Subject to the terms and conditions of this Agreement, Tektronix grants You a non-exclusive, non-transferable license to the

Software, as follows:

You may:

1. Use the Software with the Tektronix equipment it is encoded or incorporated within, or if the Software is not encoded or

incorporated in any Tektronix equipment, on no more than one machine at a time; and

2. Copy the Software for archival or backup purposes, provided that no more than one (1) such copy is permitted to exist at

any one time, and provided that each copy includes a reproduction of any copyright notice or restrictive rights legend that

was included with the Software, as received from Tektronix;

3. Distribute or transfer the Software but only (i) in conjunction with the equipment within which it is encoded or incorporated,

and (ii) accompanied by this license agreement; and

4. Integrate Tektronix products that contain the Software into a system and sell or distribute that system to third parties,

provided that those third parties are bound by the terms of this Agreement, and provided that You (i) do not separate the

Software from the Tektronix products, (ii) do not retain any copies of the Software, and (iii) do not modify the Software.

You may not:

1. Use the Software in any manner other than as provided above, except as part of a system that contains one or more

Tektronix products, as described above;

2. Distribute or transfer the Software to any person or organization outside of Your organization without Tektronix's prior written

consent, except in connection with the transfer of the equipment within which the programs are encoded or incorporated;

3. Decompile, decrypt, disassemble, or otherwise attempt to derive the source code, techniques, processes, algorithms, know-

how, or other information (collectively "Reverse Engineer") from the Software or permit or induce any third party to do so,

except to the limited extent allowed by directly applicable law or third party license (if any), and only to obtain information

necessary to achieve interoperability of independently created software with the Software;

4. Modify, translate, adapt, or create derivative works of the Software, or merge the Software with any other software;

Tektronix MSO56 [21/628] Tektronix software license agreement

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