Knowledge Base

3. Intellectual Property

3.1. All title, copyright and other industrial, intellectual or proprietary rights in and to the Software (including but not limited to any images, photographs, animations, video, audio, music, and text incorporated into the Software), the accompanying printed materials, and any copies of the Software are owned by Noldus or its Authorized Partners. All rights not expressly granted are reserved by Noldus.

3.2. The Software may include or make use of third party software, including open source software. Such third party software may be subject to the third party's terms and conditions provided in the documentation accompanying the Software and may contain copyright or other industrial, intellectual or proprietary rights of such third party software. End-User hereby agrees to the terms and conditions for such third party software. In the absence of any third party terms and conditions, this EULA will govern the third party software in the Software.

3.3. End-User may, from time to time, provide Noldus with comments, suggestions, data, information or feedback ("Feedback") on the Software. End-User acknowledges and agrees that such Feedback may be freely used by Noldus, at its sole discretion, for the design, development, improvement, marketing and commercialization of its products and services, without any restrictions based on confidentiality or intellectual property rights.

4. Transfer

4.1. End-User is entitled to make a one-time, permanent transfer of this EULA and Software only directly to one other End-User. This transfer must include all of the Software (including all component parts, the media and printed materials, any upgrades and this EULA). Such transfer may not be by way of consignment or any other indirect transfer and shall be subject to the following provisions:

• End-User will provide to Noldus prior to any such transfer the full name and address details of the new End-User and the expected date of transfer in writing.
• The new End-User understands and agrees to all the terms and conditions of this EULA in the same way as if the new End-User had obtained the Software from Noldus or an Authorized Partner.
• End-User will destroy all (partial) copies of the Software and all accompanying materials, including but not limited to installed copies and any backup copies on data storage devices and guarantee to Noldus in writing that this has been done. If the Software is an upgrade, any transfer must include all prior versions of the Software.
• Noldus reserves the right to levy an administrative charge upon the End-User and/or the new End-User in relation to transfer of the Software to an End-User.

4.2. Any attempted transfer without prior written permission from Noldus shall constitute a material breach of this Agreement and shall be deemed null and void.

Source: FaceReader 10 Reference Manual (Help), Noldus Information Technology