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Software License Agreement
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT COMPLETELY. BY USING THE SOFTWARE, YOU AGREE TO BE
BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THESE TERMS, PROMPTLY RETURN THE UNUSED
SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT AND YOUR MONEY WILL BE REFUNDED.
1. Definitions. “Software” means software delivered on floppy disk or downloaded over a network from an on-line bulletin
board, and any firmware object programs included or provided for use with Equipment in any machine-readable or
interpreted form; and includes authorized copies and any software or firmware updates. “Equipment” means the Allied
Telesyn International Corp. (Allied Telesyn) communications hardware products with which Software delivered in firmware
is obtained. “Product” includes Allied Telesyn Equipment and firmware-based Software in such Equipment.
2. License. Allied Telesyn and its licensors retain ownership of the Software. For Software delivered on floppy disk, you own
the disk on which the Software is recorded. For Software delivered on floppy disk or downloaded from a bulletin board, you
are granted a non-exclusive license to use the Software on a single computer and to make one backup copy of the Software
in machine-readable form. You must reproduce on the backup copy all copyright and other proprietary legends appearing
on the original copy of the Software. For Software delivered in firmware, you are granted a non-exclusive license to use the
Software solely on the Equipment with which it is delivered, or in the case of updates, for which it is provided.
3. Transfer. You may transfer all of your license rights in the Software, along with any backup copy and all associated
documentation, to another party, provided you give that party a copy of this License and such party reads and agrees to the
terms of this License. Software delivered in firmware may be transferred only when title to the associated Equipment is
transferred to the same party.
4. Restrictions. The Software contains copyrighted material, trade secrets and other proprietary material. You may not
decompile, reverse engineer, disassemble, translate or otherwise reduce the Software to human-perceivable form. You may
not rent, lease, loan, sublicense, disclose, distribute, modify or create derivative works based upon the Software in whole
or in part.
5. Limited Warranty. For Software delivered on disk, Allied Telesyn warrants that the disk on which the Software is recorded
will be free from defects in materials and workmanship under normal use for ninety (90) days from the date of purchase.
All Software is provided AS IS and without any warranty of any kind, except that for Software delivered in firmware, Allied
Telesyn warrants that the Software will meet Allied Telesyn’s published specification during the warranty period for the
associated Equipment.
For purposes of the remainder of this section and section 6, “Allied Telesyn” includes Allied Telesyn and its licensors, if any.
For Software delivered on disk, Allied Telesyn’s entire liability and your exclusive remedy will be replacement during the
warranty period of a disk not meeting the warranty. You may return a defective disk to Allied Telesyn International Corp.
(Allied Telesyn). For Software delivered in firmware, Allied Telesyn’s entire liability and your exclusive remedy will be, at
Allied Telesyn’s option, the repair or replacement during the warranty period of a Product not meeting the warranty, or the
refund of the price paid for the Product (upon return of the Product). THESE WARRANTIES ARE IN LIEU OF ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. Allied Telesyn DOES NOT WARRANT THAT
THE SOFTWARE OR DOCUMENTATION WILL MEET YOUR REQUIREMENTS OR BE ERROR FREE OR THAT THE
OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, OR THAT DEFECTS IN THE SOFTWARE AND
DOCUMENTATION WILL BE CORRECTED. NO WRITTEN OR ORAL information or ADVICE GIVEN BY Allied Telesyn OR AN
Allied Telesyn RESELLER or distributor WIll create ANY WARRANTY or in any way increase the scope of this warranty. This
warranty gives you specific legal rights. You may have other rights that vary from state to state and country to country.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT
APPLY TO YOU. ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS.
6. Limitation on Liability. UNDER NO CIRCUMSTANCES WILL Allied Telesyn BE LIABLE FOR ANY INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES OR FOR LOST PROFITS OR LOST SAVINGS RESULTING FROM THE USE OF OR
INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF Allied Telesyn HAS BEEN INFORMED OF THE
POSSIBILITY OF SUCH DAMAGES. Some states do not allow the limitation or exclusion of liability for incidental or
consequential damages, so the above limitation or exclusion may not apply to you.
In no event will Allied Telesyn’s total liability to you for all damages, losses and causes of action, whether in contract, tort
(including negligence) or otherwise, exceed the amount paid by you for the Software.
7. Export. Export or re-export of Software or any technical data received from Allied Telesyn, and any direct product thereof,
may be subject to U.S. or other government restrictions. You agree to comply with all applicable government export
regulations.