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(a) copies of Field Upgrade Images placed in use on additional units of the same model of Field System over
an End User's network (such as a server) as allowed in this section;
(b) copies of Field Upgrade Images downloaded by an End User as allowed under Section 3(f) (End User
Downloads); or
(c) copies of Field Upgrade Images for Products that do not require COAs.
Notwithstanding subsection (a) through (c) above, if Company elects to obtain COAs for Field Upgrade
Images, Company must affix a COA on the Embedded System or distribute a COA on a card, as specified in
the IoT Operations Handbook.
5. Distribution and Installation.
(a) Company and its Channel Partners may distribute one Field Upgrade Image to each End User of a Field
System only to upgrade the End User's Field System. The Field Upgrade Image must be installed only on
a Field System. Field Upgrade Images may be distributed in either:
(i)
on External Media, or
(ii)
via Company's restricted access website as a download, as provided in Section 3(f) (End User
Downloads).
(b) Multiple Units
(i)
Some End Users may have more than one unit of the same Field System with the same Existing
Image. Such End Users may use one copy of the Field Upgrade Image to install such Field Upgrade
Image on to multiple units of the same Field System through a server deployment.
(ii)
Company shall advise such End Users that the Field Upgrade Image may only be installed onto
additional units of the same model of Field System. Company agree to include in the License Terms
for such End Users the number of units authorized. (For example, "Authorized Number of
Installations of Software = ___").
6. End User Notices. Company will require End Users to keep the Field Upgrade Image if originally delivered
on separate media. Once a Field Upgrade Image is installed, the End User may use the Field Upgrade Image
on its original media as a Recovery Image. Company shall establish a commercially reasonable procedure to
assure the return or destruction of any replaced Recovery Image media.
7. License Terms. Company must use the License Terms to license a Field Upgrade Image distributed in
accordance with this Schedule (Field Upgrade Rights).
44. Leasing Schedule. The terms of the Leasing Schedule are hereby replaced with the following:
1. OEM Leases to End Users
Company may install and distribute the Product on Embedded Systems that Company rents or leases to
End Users ("Lessees"), including leases intended to create a security interest consistent with Section 2
of this Leasing Schedule subject to the following requirements:
Company must enter into a written lease agreement with each Lessee ("Lease"):
(a)
(1) The Lease must be for a term of at least six consecutive months;
(2) The Lessee must make payments over the term of the Lease;
(3) The Lessee cannot terminate its payment obligations; and
(4) At the end of the Lease, the Lessee must renew the Lease, purchase the Embedded Systems, or return
them to Company, with all copies of the Product, the COA and any APM.
Any returned Embedded System must include the COA and any APM. Company may not return the COAs
(b)
for credit. Company must destroy, and keep records of the destruction of, any returned COAs or
recovery media or APM unless Company redistributes it as allowed in Section 4 (Re-Distribution of
Embedded Systems) of this Licensing Schedule.
At the end of this Agreement, Company may allow each Lessee to continue to use the Product for the
(c)
remaining term of its then-current Lease. This Section 1(c) will survive termination or expiration of this
Agreement.
(d) Except as provided in this Leasing Schedule, Company may not rent or lease Embedded Systems to End
Users.
2. OEM Finance Lease
In addition to the lease rights above, in accordance with Section 1(a) of this Leasing Schedule, Company may
only engage an entity that is an Affiliate Lessor (as defined below) to lease or rent Embedded Systems to
Lessees, provided that:
(a) "Affiliate Lessor" is an entity that directly or indirectly controls, is controlled by, or is under common
control with Company,
Guide utilisateur XENTRY Diagnosis Kit 4 - GSP/ORE, version 09/2020 (valable jusqu'à résiliation)
Mercedes-Benz AG, Mercedesstr. 120, 70372 Stuttgart
LEASING SCHEDULE
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