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COMfortel WS-400 IP - Setup V04 02/2016
End User License Agreement (EULA)
1. The products, including the Software (as defined below) that you have purchased from Auerswald herewith (the
“Products”) may consist, in part, of used or refurbished parts and components that meet new component specifica-
tions, which will be subject to the warranties set forth below. You have purchased the Products; however, the intel-
lectual property included in the Products (including, without limitation, firmware and all updates thereto, including any
software that may be downloaded electronically via the Internet or otherwise, the “Software”) is licensed, not sold, to
you. Subject only to the express license set forth below, all rights, title and interest to, and all applicable rights in
patents, copyrights, trade secrets and/or any other proprietary information in the Products or any of its parts (“Intel-
lectual Property”) will remain vested in the manufacturer of the Product. Subject to the terms of this Agreement,
Auerswald hereby grants to you a personal, non-transferable, non-exclusive right to use the Software solely on the
Products, solely in object code format, solely for your own use and only on the specific Products for which the Soft-
ware is first provided or installed, except as otherwise herein provided. The Software may be copied, in whole or in
part, subject to the proper inclusion of any and all copyright and proprietary notices, only as may be necessary for
your use on such single specific unit of the Products and solely for archival and back-up purposes or to replace a worn
or defective copy. Unless otherwise provided herein, the foregoing license will expire at such time as you discontinue
use of the single unit of the Products on which the Software is first provided, but otherwise will be without restriction
as to time.
2. You will not reverse compile, disassemble or otherwise reverse engineer, embed within any other software product,
or modify in any manner with respect thereto, the Software in whole or in part. You agree and acknowledge that the
Intellectual Property included in the Product is confidential and proprietary information. You will not disclose, provide
or otherwise make available the Software or the Intellectual Property or any part or copies thereof to any person other
than employees of yours who have a legitimate need therefore, without prior written consent of the manufacturer of
the Product. You will take all appropriate actions by instruction, agreement or otherwise, with any persons permitted
access to the Products, necessary to satisfy your obligations under this Agreement. All copies of the Software,
whether provided by Auerswald or made by you as permitted by this Agreement, including without limitation, transla-
tions, compilations, or partial copies, are the property of the manufacturer of the product and may not be used or
disclosed except as permitted by this Agreement. You also agree that the Intellectual Property will be treated as a
trade secret.
3. Notwithstanding the foregoing, Auerswald or the manufacturer of the Product will have the right to terminate your
rights hereunder if you fail to comply with the terms and conditions of set forth herein, or fail to cure any breach of
these terms within ten (10) days after receipt of written notice from Auerswald. You agree that upon expiration of your
rights hereunder or upon notice of termination thereof, you will immediately return or destroy the Softw are and all
portions and copies thereof as directed by Auerswald and, if requested, will certify in writing to Auerswald as to the
destruction or return of the Software and all copies thereof.
4. THE PRODUCTS AND SOFTWARE ARE STRICTLY PROVIDED “AS IS,” WITHOUT ANY WARRANTY OF ANY
KIND FROM THE MANUFACTURER. ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE,
MERCHANTABILITY AND NON-INFRINGEMENT ARE HEREBY DISCLAIMED BY THE MANUFACTURER. Notwi-
thstanding the foregoing, Auerswald may provide you warranties with respect to the Products and Software indepen-
dent of the manufacturer of the Products. Such warranties, however, are the sole and exclusive liability of Auerswald,
and Auerswald is not authorized to make any warranties to you for or on behalf of the manufacturer of the Products.
5. You agree that (1) the manufacturer of the Product is a third-party beneficiary of these terms, and (2) the license,
restrictions and confidentiality provisions set forth herein are made for the express benefit of the manufacturer of the
Product and are enforceable by Auerswald’s licensor as well as Auerswald. Auerswald's licensor may revoke your
license to use the Software if, in the sole discretion of Auerswald's licensor, you or your employees or agents mate-
rially breach any of these terms and conditions.
6. UNDER NO THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE, WILL
THE MANUFACTURER HAVE ANY LIABILITY TO YOU FOR ANY AMOUNTS IN CONFIDENTIAL EXCESS OF
THE AMOUNTS THAT AUERSWALD PAID THE MANUFACTURER FOR THE PRODUCTS YOU PURCHASED
HEREWITH.
7. You will provide Auerswald and the manufacturer all assistance and information necessary to enable Auerswald or
the manufacturer to determine that you and your company are in compliance with these terms and conditions.
Lizenzen/Licenses