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7. Recovery Images. Company shall distribute a Recovery Image containing the Final Software ("Final Software
Image") and a Recovery Image containing the Prior Software ("Prior Software Image") to the End User
together with the Migration System. Company shall distribute Final Software Images either on Recovery
Media or via Company's website as a download in accordance with the Agreement. Company may only
distribute the Prior Software Image on the Embedded System, either on a separate partition or a separate
hard disk drive on the Embedded System.
8. End User Requirements
(a) Company must advise the End User that the Final Software Image may only be installed onto additional
units of the same model of Migration System if:
(i)
Company elects to provide the End User with only a single copy of the Final Software Image on
external media for installation on more than one Migration System, or
(ii)
End User installs the Final Software Image via the End User's internal network.
(b) Company shall establish a commercially reasonable procedure to ensure End Users do not concurrently
use both the Final Software and the Prior Software on the Migration Systems. Without limitation of the
foregoing requirement, Company shall require the End User to destroy the Image containing the Prior
Software and to erase any and all copies of the Prior Software after the installation of the Image
containing the Final Software on the Migration System. Prior Software must be removed from the
Migration System on or before the end of the Migration Period.
9. License Terms. For Migration Systems, Company must include the following additional terms in the "Grant
of Software License" section of the License Terms for the Final Software:
"Use of Previous Version of the Product. If the Certificate of Authenticity that accompanies the DEVICE
identifies the SOFTWARE as Microsoft® Windows® <name of Final Software> (the "Final Software"),
then in lieu of using Final Software, you may request that [OEM Parties] install [[or, if agreed, in writing,
with [OEM Parties] you may install yourself]], and may temporarily use, Microsoft® Windows® <name
and version of Prior Software> (the "Prior Software") on the DEVICE, provided: (1) the Prior Software is
deemed "SOFTWARE" for the purposes of these License Terms and use of the Prior Software shall be in
compliance with all the terms of these License Terms; (2) you do not simultaneously use both versions of
the SOFTWARE on the DEVICE; (3) you do not loan, rent, lease, lend or otherwise transfer the recovery
media or back-up copy of either version of the SOFTWARE to another end user, except as otherwise
provided in the transfer provisions of these License Terms; (4) [unless otherwise agreed with [OEM
Parties]], you allow only [OEM Parties] perform the upgrade from the Prior Software to the Final
Software; and (5) upon upgrading to the Final Software you erase any and all system copies of the Prior
Software."
42. Downgrade Rights. The terms of the CLA Downgrade Rights Schedule are hereby replaced with the following:
1. ADDITIONAL DEFINITIONS
"Downgrade Image" means an Image customized for a specific Enterprise Customer that includes
Downgrade Software, and may include customer-requested applications, drivers and other customizations to
the Embedded Application or Embedded System.
"Downgrade Image System" means an Embedded System with a preinstalled Downgrade Image.
"Downgrade Software" means a prior version of the Product that is no longer available for distribution by
Company under the Agreement.
2. Additional Rights
(a) Subject to the terms of this Downgrade Rights Schedule and Company's compliance with those terms,
Company may, at the specific request of an Enterprise Customer:
Downgrade Rights only apply to a Downgrade Image System that has not been distributed.
3. Software Versions. The Product included in the Downgrade Image must be listed as an End of Licensed
Product to the Eligible Product on the Downgrade Table as posted on Partner Portal. The Eligible Product
listed on the Downgrade Table must appear on the affixed COA distributed with the Downgrade Image
System. The foregoing also applies to Recovery Solutions for a Downgrade Image System.
4. DOWNGRADE IMAGES INSTALLED BY COMPANY.
(a) Company must be licensed for the Product that appears on the affixed COA distributed with the
Downgrade Image System.
(b) If Company was previously licensed for Downgrade Software and has retained the Installation Tools for
the Downgrade Software, then Company may only use the preinstallation tools in the Installation Tools
Guide utilisateur XENTRY Diagnosis Kit 4 - GSP/ORE, version 09/2020 (valable jusqu'à résiliation)
Mercedes-Benz AG, Mercedesstr. 120, 70372 Stuttgart
DOWNGRADE RIGHTS SCHEDULE
create a Downgrade Image using an image provided by the Enterprise Customer;
preinstall that Downgrade Image on Embedded Systems; and
distribute the Downgrade Image System directly to the requesting Enterprise Customer.
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