4.
OWNERSHIP, COPYRIGHT AND TRADEMARKS
4.1
Product Ownership. All right, title and interest in and to the Product (including, but not
limited to, any and all images, photographs, animations, video, audio, music, text, applets, source code
and any other computer readable code incorporated into the Product), all copies of the Product and
any associated intellectual property rights therein, are owned by Walter, its licensors and/or affiliates
and are protected by copyright and other intellectual property laws, international treaty provisions and
other applicable national laws of the country in which it is being used. The structure, organization and
code of the Software are the valuable trade secrets and confidential information of Walter and/or its
licensors and affiliates. You shall not copy the Software, except as set forth in this EULA.
4.2
Proprietary Notices. You shall not remove, modify or alter any Walter copyright, trademark
or other proprietary rights notices from any part of the Product, including, without limitation, any such
notices contained in or on the electronic and/or physical (if any) media or documentation or contained
in or dynamically or otherwise created by any of the Product. Any copies which you are permitted to
make pursuant to this EULA must contain the same copyright and other proprietary notices that appear
on the original Product.
5.
SUPPORT SERVICES AND FEEDBACK
5.1
Support Services. Walter is not obligated to provide you with any technical support,
updates, supplements, or related information for the Product (collectively, the "Support Services")
under this EULA. If, however, Walter in its sole discretion provides you with any Support Services for
the Product, the material provided with such Support Services shall be deemed to be included in the
Product, and shall be governed by this EULA, except to the extent other terms of use are expressly
provided by Walter in writing with respect to such Support Services.
5.2
End-User Feedback. You may, from time to time, provide suggestions, comments or other
feedback to Walter concerning your experience with or use of the Product (the "Feedback"). YOU
AGREE THAT WALTER SHALL BE FREE TO USE, COMPILE, PROCESS, ADAPT, DISCLOSE,
REPRODUCE, LICENSE, DISTRIBUTE AND/OR OTHERWISE EXPLOIT THE FEEDBACK AS WALTER
SEES FIT IN ITS SOLE AND ABSOLUTE DISCRETION, ENTIRELY WITHOUT OBLIGATION OR
RESTRICTION OF ANY KIND ON ACCOUNT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER-
WISE. Feedback, even if designated as confidential by you, shall not, absent a separate written
agreement between Walter and you, create any confidentiality obligation for Walter, and Walter will not
be liable to you for any ideas incorporated into its business (including without limitation, product,
service or advertising ideas) and will not incur any liability as a result of any similarities that may appear
between the Feedback and future Walter products, services or operations.
5.3
Privacy Policy. You acknowledge and agree that the terms set out in Walter's Privacy Policy
with respect to the "SURFOX Smart Passivation Tester", available at http://smart.surfox.com/agree-
ments, apply to the collection, use and disclosure of any personal information (including Feedback)
supplied by you relating to anything in this EULA. With respect to any personal information or
Feedback that is collected, used and/or disclosed under Walter's Privacy Policy with respect to the
"SURFOX Smart Passivation Tester", you acknowledge and agree that Walter shall be entitled to (and
you hereby consent to) collect, use and disclose such personal information (including Feedback) in
accordance with the purposes set out in Walter's Privacy Policy.
6.
EXCLUSION OF WARRANTY; LIMITATIONS OF LIABILITY
6.1
Exclusions of Warranty. THE PRODUCT AND SUPPORT SERVICES, IF ANY, ARE
PROVIDED ON AN "AS IS, WITH ALL FAULTS BASIS" WITHOUT WARRANTY OF ANY KIND, EXPRESS
OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WALTER AND ITS
LICENSORS, SUPPLIERS AND/OR AFFILIATES DO NOT MAKE OR OFFER ANY REPRESENTATION,
SURFOX
Smart Passivation Tester
TM
Owner's manual
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