ME SEAL DISPLAY EACH
OF THE SOFTWARE AND DOCUMENTATION, WHETHER SEPARATELY OR COMBINED, WITH OTHERS
OF THE SOFTWARE OR DOCUMENTATION, ONLY IN DATA PROCESSORS WHICH ARE IN
CUSTOMER'S EXCLUSIVE POSSESSION AND DESIGNATED BY CUSTOMER FOR SUCH USE IN ITS
INTERNAL BUSINESS, WITH SUCH SOFTWARE OR DOCUMENTATION, OR SUCH CONTINUED
SOFTWARE OR DOCUMENTATION.
B.
CUSTOMER IS GRANTED A NON-EXCLUSIVE, NON-ASSIGNABLE,
NON-TRANSFERABLE, PERMANENT, REVOCABLE LICENSE OF RIGHTS TO USE THE
DOCUMENTATION ONLY IN DIRECT CONNECTION WITH SUCH SOFTWARE OR DOCUMENTATION USE
AND DISPLAY, INTERNALLY IN ITS OWN BUSINESS.
3.
CUSTOMER ACKNOWLEDGES THAT THE SOFTWARE AND DOCUMENTATION,
INCLUDING WITHOUT LIMITATION ALL IDEAS, PROCEDURES, PROCESSES, SYSTEMS, METHODS
OF OPERATIONS, CONCEPTS, PRINCIPLES, DISCOVERIES, ARID INVENTIONS, ARE THE
EXCLUSIVE PROPERTY OF MEDQUIST OR ITS LICENSEES AND ACKNOWLEDGES THEIR EXCLUSIVE
RIGHTS TO THE APPLICATION, MANUFACTURE, DEVELOPMENT, USE, DISPLAY, REPRODUCTION,
MODIFICATION, AND THE AND THE TRANSFER OF THE SOFTWARE AND DOCUMENTATION AND TO
ALL WORLDWIDE PATENT AND COPYRIGHT RIGHTS TO AND IN THE SOFTWARE OR
DOCUMENTATION. CUSTOMER SHALL NOT PREPARE A DERIVATIVE WORK OR A COMPILATION
FROM WEB SOFTWARE OR DOCUMENTATION, OR MODIFY, COMBINE, OR COPY THE
24
SOFTWARE OR DOCUMENTATION IN ANY MANNER, INCLUDING WITHOUT LIMITATION
DECOMPILING OR DISASSEMBLING THE SOFTWARE OR DOCUMENTATION TO ANY THIRD PARTY,
IN WHOLE OR PART, IN ANY FONT OR IN ANY MANNER, UNLESS EXPRESSLY PERMITTED IN
WRITING BY MEDQUIST. THE SOLE EXCEPTION ALLOWED IS THE COPYING OF THE SOFTWARE
OR DOCUMENTATION WHEN LOADING THE SOFTWARE OR DOCUMENTATION WITHIN THE INTERNAL
MEMORY OF CUSTOMERS DATA PROCESSOR, AND WHEN AN ESSENTIAL STEP IN THE
UTILIZATION OF THE SOFTWARE OR DOCUMENTATION IS CONJUNCTION WITH SUCH DATA
PROCESSOR. NO OTHER MANNER OF COPYING IS PERMITTED. CUSTOMER SHALL REPRODUCE AND
INCLUDE ALL COPYRIGHT NOTICES PROVIDED WISH THE SOFTWARE OR DOCUMENTATION ALL
COPIES, COMPILATIONS, OR DERIVATIVE WORKS OF THE SOFTWARE OR DOCUMENTATION
PRODUCED BY THE CUSTOMER, AS MAY BE AUTHORIZED UNDER THIS PARAGRAPH 3.
4.
CUSTOMER ACKNOWLEDGES THE PROPRIETARY RIGHTS IN THE TRADEMARKS
SHOWN ON THE SOFTWARE AND DOCUMENTATION DELIVERED TO THE CUSTOMER, AND CUSTOMER
SHALL DEAL WITH AND TREAT SUCH TRADEMARKS ACCORDING TO APPLICABLE TRADEMARK LAW.
5.
CUSTOMER SHALL LIMIT ACCESS TO THE SOFTWARE OR DOCUMENTATION SO
ITS AUTHORIZED EMPLOYEES. CUSTOMER SHALL ADVICE SUCH EMPLOYEES OF THE SEMIS OF
IBIS EULA AND SHALL TAKE ALL NECESSARY STEPS TO ENSURE COMPLIANCE WITH THE EULA
TERMS, BY SUCH EMPLOYEES.
6.
CUSTOMER SHALL DEFEND, INDEMNIFY, AND HOLD MEDQUIST HARMLESS
FROM ANY AND ALL CLASS ACTIONS, LOSSES, DAMAGES, (INCLUDING REASONABLE LEGAL
FEES), OBLIGATIONS, LIABILITIES AND (INCLUDING, WITHOUT LIMITATION, ANY OF THE
FOREGOING ARISING OUT OF OR IMPOSED IN CONNECTION WITH LATENT OR OTHER DEFECTS,
OR UNDER THE DOCTRINE OF "STRICT LIABILITY"), ARISING OUT OF THE PURCHASE,
LEASE, POSSESSION, OPERATION, CONDITION, RETURN OR USE OF THE SOFTWARE OR
DOCUMENTATION, OR BY OPERATION OF LAW, EXCLUDING, HOWEVER, ANY OF THE FOREGOING
RESULTING SOLELY AND DIRECTLY FROM THE ACTS OF MEDQUIST.
7.
THIS EULA IS NOT ASSIGNABLE BY CUSTOMER UNLESS PERMITTED IN
WRITING BY MEDQUIST AND ANY ATTEMPT AT ASSIGNMENT WITHOUT SUCH PERMISSION SHALL
BE VOID. THIN EULA IS ASSIGNABLE IN WHOLE