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Capstone Turbine Corporation 21211 Nordhoff Street Chatsworth CA 91311 USA CRMS (User Edition – Chapter 21: CRMS Software License Agreement) Chapter 21: CRMS Software License Agreement This chapter presents a textual copy of the CRMS Software License Agreement. A copy of the CRMS Software License Agreement is provided on the following pages for reference purposes only. --------------------------------------------------------------------------------------------------------------------------------- SOFTWARE LICENSE AGREEMENT - CAPSTONE REMOTE MONITORING SOFTWARE (CRMS) NOTE: This software license agreement (AGREEMENT) is a legal AGREEMENT between the LICENSEE (either an individual or a single entity) and Capstone Turbine Corporation (CAPSTONE). 1. License: Subject to the terms and conditions of this Agreement, Capstone grants to Licensee a limited, nonexclusive, royalty-free license to use Capstone Remote Monitoring Software (CRMS) together with all associated user manuals, documentation and other materials related to the software and delivered to Licensee (SOFTWARE) solely for its intended purpose of remotely managing and operating Capstone MicroTurbineTM systems. Licensee may use the Software at more than one site or on more than one computer. The Software may be used solely in connection with equipment manufactured by Capstone and owned or otherwise controlled by Licensee. Licensee may not transfer, assign, rent, lease, distribute or otherwise sublicense the Software or any of the rights granted in this Agreement. Licensee shall not reverse engineer, decompile, disassemble, or otherwise attempt to derive or create source codes for the computer programming comprising the Software, or otherwise reduce the Software or its component programming, structures, algorithms, or other elements to a human-perceivable form. Licensee shall make reasonable efforts to notify and inform all individuals who might have access to the Software or the computer on which it is installed of all applicable restrictions limiting use of the Software. Licensee shall immediately notify Capstone after learning of or having reason to suspect a breach of any of the restrictions set forth in this Agreement. 410013 Rev H (December 2008) 2. Ownership Rights and Copying: Licensee acknowledges and agrees that as between it and Capstone, Capstone is the exclusive owner of all right, title and interest in and to the Software, including all rights arising under the laws of copyright, trade secret, trademark, and patent, among other intellectual property and proprietary rights. Capstone grants to Licensee no rights or license in or to the Software, and this Agreement shall not be construed in any manner as transferring any rights of ownership or license to the Software or to the features or information therein, except as expressly stated in Section 1 above. Licensee shall not copy, duplicate, or otherwise reproduce the Software, in whole or in part, except that Licensee may, subject to all the other terms of this Agreement, copy the Software in machine-readable form only as necessary to effect the intended purpose of the Software. Licensee must reproduce on any such copy the copyright notices and any other proprietary legends that were on the original copy of the Software. 3. Improvements: Licensee agrees and hereby grants to Capstone under any and all rights that Licensee may possess or control, now or in the future, the perpetual, irrevocable, royalty-free right to use for any purpose and in any media now known or hereafter devised, all suggestions, improvements, and any other information, ideas, concepts, know-how, works of authorship, and inventions (including corrections to problems with the Software whether written or oral) that are related to the Software and that Licensee or its personnel provides to Capstone. Capstone shall have no duty to account or otherwise compensate Licensee for the rights granted in this Section 3. 4. T ermination: The Agreement shall terminate automatically without notice from Capstone or the requirement of any other action by Capstone on the date that Licensee fails to comply with any provision of this Agreement. Upon termination, Licensee must destroy or return to Capstone all tangible copies of the Software in its possession or control, delete all files and other information related to the Software on all Licensee computers, and, upon Capstone’s request, certify in writing that such action has been taken and that Licensee no longer possesses any copies, whether partial or complete, of the Software, Page 21-1 Capstone reserves the right to change or modify, without notice, the design, specifications, and/or contents of this document without incurring any obligation either with respect to equipment previously sold or in the process of construction.PDF Image | Technical Reference Capstone Remote Monitoring System (User Edition)
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