End User Licence Terms. ViaSat HD receiver, Pace 460

End User Licence Terms

The Product to which this documentation relates (the “Product”) incorporates software which is owned by Pace Micro

Technology plc (or its licensors). Before using the Product please read the End-User Licence Conditions detailed below. If you do not agree to the terms and conditions of the End-User Licence please do not proceed to use the Product – repack the Product unused and return it to your supplier who will refund the amount you paid for it to you.

1.

Definitions

The following expressions have the meanings given here:

“Pace” means Pace Micro Technology plc, being either owner of all intellectual property rights in the Software, or having the right to grant licences for the use of the Software.

“Software” means the software applications, utilities and modules embedded within the Product.

“Product” means the equipment or appliance to which this documentation relates and which incorporates the Software.

“Viasat” means Viasat AB, being the commercial broadcaster whose broadcasts this product has been designed to receive.

2.

Licence Grant, Conditions and Restrictions

(a) Pace grants you a non-exclusive, world-wide (subject to export controls), non-transferable (except as permitted by 2(b) below), royalty free licence to use the Software upon and with the Product.

(b) You may not transfer any of your licence rights in the Software without the written consent of Pace and if consent is provided then the Software shall only be transferred in conjunction with the transfer of the Product AND provided that the transferee has read and agreed to accept the terms and conditions of this licence.

(c) You must ensure that the copyright, trademark and other protective notices contained in the Software are maintained and not altered or removed and that all such notices are reproduced and included in any copy of the Software.

(d) The Software provided hereunder is copyrighted and licensed (not sold). Pace especially does not transfer title or any ownership rights in the Software to you. The Software provided hereunder may contain or be derived from portions of materials provided to Pace under licence by a third party supplier.

(e) Except as authorised above or expressly permitted by statute you may not: use the Software in conjunction with any other computer hardware other than the Product; copy all or part of the Software; incorporate all (or any of) the Software into other programs developed by (or on behalf of) you and/or used by you; reverse engineer, decompile or disassemble the

Software; make the Software available, or permit its redistribution, for use with any other computer hardware than the

Product; rent, lease, gift, loan, sell, distribute or transfer possession of the Software in whole or in part.

(f) You will grant to Pace and/or Viasat, access to your Pace/Viasat digital decoder product, to enable Pace and/or Viasat to upgrade, service and otherwise adapt the Software in such decoder, by (for example) remote downloading of updated

Software.

3.

Termination

This licence is effective until terminated. You may terminate the licence by destroying the Software (and all copies thereof).

This licence will terminate automatically without notice if you fail to comply with any of its provisions. Upon termination you must destroy the Software (and all copies thereof).

4.

Disclaimer

(a) The Software is (to the extent permitted by law) supplied “as is” and Pace and its suppliers expressly exclude all warranties, express or implied, including (but not limited to) warranties of satisfactory quality, fitness for purpose and non-infringement

(save to the extent that the same are not capable of exclusion at law).

(b) In no circumstances will Pace be liable for any direct, indirect, consequential, or incidental damage (including loss of profits, business interruption, loss of data or the cost of procurement of substitute goods, technology or services) arising out of the use or the inability to use the Software (save to the extent that such liability is not capable of exclusion at law).

5.

General

(a) This End User Licence will be governed by the laws of Sweden and the User may only bring claims in the Swedish Courts and Pace shall be entitled to bring a claim in the courts of any jurisdiction.

(b) The above terms and conditions supersede any prior agreement, oral or written, between you and Pace relating to the

Software.

64 Using your Viasat box