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Инструкция по эксплуатации Страница: 69

Philips HMP5000 Инструкция по эксплуатации онлайн [69/79] 25925

(i) use the MIPS Deliverables at Licensee’s facilities solely for Licensee’s internal evaluation

and development purposes (and to use, copy and reproduce and have reproduced

Documentation solely to facilitate those uses of MIPS Deliverables that are allowed

hereunder), and to sublicense Licensee’s rights granted in this Subsection 2(a)(i) to

Licensee’s consultants for their use of the MIPS Deliverables at their facilities for their

internal evaluation and development purposes;

(ii) make, use, import, copy, reproduce, have reproduced, modify, create derivative works

from YAMON Code only in conjunction with making, using, importing, offering for sale

and selling or otherwise distributing Authorized Product and only for use exclusively

with such Authorized Product, and to sublicense its rights granted in this Subsection

2(a)(ii), including the right to grant further sublicenses, provided that with respect to

any sublicensee, (A) any IP Rights arising in any modiﬁcation or derivative work created

by such sublicensee shall be licensed back to MIPS together with the right by MIPS to

sublicense such rights and grant further sublicenses, and (B) the obligations of Subsection

2(c) below shall apply equally to any YAMON Code modiﬁed and/or sublicensed by

such sublicensee. These obligations shall be deemed to have been satisﬁed by Licensee’s

delivery of a copy of this Agreement to its sublicensee(s).

(b) MIPS further grants to Licensee a non-exclusive, worldwide, non-transferable,

royalty-free, fully-paid limited right and license under MIPS’ IP Rights in any MIPS Code

Modiﬁcations in existence now or at any time during the term of this Agreement

(including those IP Rights assigned to MIPS or licensed to MIPS with sufﬁcient sublicensing

rights to satisfy the license grant in this Subsection 2(b)) to the limited extent that

Licensee may make, use and import such MIPS Code Modiﬁcations only in conjunction

with making, using, importing, offering for sale and selling or otherwise distributing

Authorized Product and only for use exclusively with such Authorized Product, and

sublicense its rights granted in this Subsection 2(b), including the right to grant further

sublicenses under the preconditions set forth in Subsection 2(a)(ii) above. Licensee

acknowledges and agrees that MIPS (or any third party) is under no obligation to deliver

MIPS Code Modiﬁcations; rather, this license right is intended solely to provide a freedom

to use such modiﬁcations when created independently by Licensee or any sublicensee

thereof.

contain all copyright and other notices contained in the original YAMON Code provided

by MIPS to Licensee, (ii) cause modiﬁed ﬁles to carry prominent notices stating that

Licensee (or any sublicensee) changed the ﬁles and the date of any change, and (iii) be

sublicensed under terms that disclaim all warranties from MIPS and limit all liability of

MIPS pursuant to Sections 8, 9, 11 and 12 herein.

(d) All other rights to the MIPS Deliverables not stated in this Section 2 are reserved to

MIPS. Except as set out in this Section 2, Licensee shall not rent, lease, sell, sublicense,

assign, loan, or otherwise transfer or convey the MIPS Deliverables to any third party.

These license grants are effective as of the Effective Date. No license is granted for any

other purpose.

(e) To the extent MIPS provides any GPL Materials to Licensee, use of such materials

shall, notwithstanding any provision of this Agreement to the contrary, be governed by

the GNU GPL.

3. LICENSEE CODE MODIFICATIONS

Philips HMP5000 Инструкция по эксплуатации онлайн [69/79] 25925

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