indicated in the order provided that the performance capacity of the
Server(s) does not exceed the performance capacity specified for the
Software. End User may not re-install or operate the Software on
Server(s) with a larger performance capacity without Avaya’s prior
consent and payment of an upgrade fee.
Named User License (NU). You may: (i) install and use each copy or
Instance of the Software on a single Designated Processor or Server
per authorized Named User (defined below); or (ii) install and use
each copy or Instance of the Software on a Server so long as only
authorized Named Users access and use the Software. “Named
User”, means a user or device that has been expressly authorized by
Avaya to access and use the Software. At Avaya’s sole discretion, a
“Named User” may be, without limitation, designated by name,
corporate function (e.g., webmaster or helpdesk), an e-mail or voice
mail account in the name of a person or corporate function, or a
directory entry in the administrative database utilized by the Software
that permits one user to interface with the Software.
Shrinkwrap License (SR). You may install and use the Software in
accordance with the terms and conditions of the applicable license
agreements, such as “shrinkwrap” or “clickthrough” license
accompanying or applicable to the Software (“Shrinkwrap License”).
Heritage Nortel Software
“Heritage Nortel Software” means the software that was acquired by
Avaya as part of its purchase of the Nortel Enterprise Solutions
Business in December 2009. The Heritage Nortel Software is the
software contained within the list of Heritage Nortel Products located
https://support.avaya.com/LicenseInfo
under the link “Heritage
Nortel Products” or such successor site as designated by Avaya. For
Heritage Nortel Software, Avaya grants Customer a license to use
Heritage Nortel Software provided hereunder solely to the extent of
the authorized activation or authorized usage level, solely for the
purpose specified in the Documentation, and solely as embedded in,
for execution on, or for communication with Avaya equipment.
Charges for Heritage Nortel Software may be based on extent of
activation or use authorized as specified in an order or invoice.
Copyright
Except where expressly stated otherwise, no use should be made of
materials on this site, the Documentation, Software, Hosted Service,
or hardware provided by Avaya. All content on this site, the
documentation, Hosted Service, and the product provided by Avaya
including the selection, arrangement and design of the content is
owned either by Avaya or its licensors and is protected by copyright
and other intellectual property laws including the sui generis rights
relating to the protection of databases. You may not modify, copy,
reproduce, republish, upload, post, transmit or distribute in any way
any content, in whole or in part, including any code and software
unless expressly authorized by Avaya. Unauthorized reproduction,
transmission, dissemination, storage, and or use without the express
written consent of Avaya can be a criminal, as well as a civil offense
under the applicable law.
Virtualization
The following applies if the product is deployed on a virtual machine.
Each product has its own ordering code and license types. Note that
each Instance of a product must be separately licensed and ordered.
For example, if the end user customer or Avaya Channel Partner
would like to install two Instances of the same type of products, then
two products of that type must be ordered.
Third Party Components
“Third Party Components” mean certain software programs or
portions thereof included in the Software or Hosted Service may
contain software (including open source software) distributed under
third party agreements (“Third Party Components”), which contain
terms regarding the rights to use certain portions of the Software
(“Third Party Terms”). As required, information regarding distributed
Linux OS source code (for those products that have distributed Linux
OS source code) and identifying the copyright holders of the Third
Party Components and the Third Party Terms that apply is available
in the products, Documentation or on Avaya’s website at:
or such successor site as designated
by Avaya. The open source software license terms provided as Third
Party Terms are consistent with the license rights granted in these
Software License Terms, and may contain additional rights benefiting
You, such as modification and distribution of the open source
software. The Third Party Terms shall take precedence over these
Software License Terms, solely with respect to the applicable Third
Party Components to the extent that these Software License Terms
impose greater restrictions on You than the applicable Third Party
Terms.
The following applies only if the H.264 (AVC) codec is distributed with
the product. THIS PRODUCT IS LICENSED UNDER THE AVC
PATENT PORTFOLIO LICENSE FOR THE PERSONAL USE OF A
CONSUMER OR OTHER USES IN WHICH IT DOES NOT RECEIVE
REMUNERATION TO (i) ENCODE VIDEO IN COMPLIANCE WITH
THE AVC STANDARD (“AVC VIDEO”) AND/OR (ii) DECODE AVC
VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A
PERSONAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO
PROVIDER LICENSED TO PROVIDE AVC VIDEO. NO LICENSE IS
GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE.
ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA,
L.L.C. SEE
.
Service Provider
THE FOLLOWING APPLIES TO AVAYA CHANNEL PARTNER’S
HOSTING OF AVAYA PRODUCTS OR SERVICES. THE PRODUCT
OR HOSTED SERVICE MAY USE THIRD PARTY COMPONENTS
SUBJECT TO THIRD PARTY TERMS AND REQUIRE A SERVICE
PROVIDER TO BE INDEPENDENTLY LICENSED DIRECTLY FROM
THE THIRD PARTY SUPPLIER. AN AVAYA CHANNEL PARTNER’S
HOSTING OF AVAYA PRODUCTS MUST BE AUTHORIZED IN
WRITING BY AVAYA AND IF THOSE HOSTED PRODUCTS USE
OR EMBED CERTAIN THIRD PARTY SOFTWARE, INCLUDING
BUT NOT LIMITED TO MICROSOFT SOFTWARE OR CODECS,
THE AVAYA CHANNEL PARTNER IS REQUIRED TO
INDEPENDENTLY OBTAIN ANY APPLICABLE LICENSE
AGREEMENTS, AT THE AVAYA CHANNEL PARTNER’S EXPENSE,
DIRECTLY FROM THE APPLICABLE THIRD PARTY SUPPLIER.
WITH RESPECT TO CODECS, IF THE AVAYA CHANNEL
PARTNER IS HOSTING ANY PRODUCTS THAT USE OR EMBED
THE G.729 CODEC, H.264 CODEC, OR H.265 CODEC, THE
AVAYA CHANNEL PARTNER ACKNOWLEDGES AND AGREES
THE AVAYA CHANNEL PARTNER IS RESPONSIBLE FOR ANY
AND ALL RELATED FEES AND/OR ROYALTIES. THE G.729
CODEC IS LICENSED BY SIPRO LAB TELECOM INC. SEE
. THE H.264 (AVC) CODEC IS
LICENSED UNDER THE AVC PATENT PORTFOLIO LICENSE FOR
THE PERSONAL USE OF A CONSUMER OR OTHER USES IN
WHICH IT DOES NOT RECEIVE REMUNERATION TO: (I) ENCODE
VIDEO IN COMPLIANCE WITH THE AVC STANDARD (“AVC
VIDEO”) AND/OR (II) DECODE AVC VIDEO THAT WAS ENCODED
BY A CONSUMER ENGAGED IN A PERSONAL ACTIVITY AND/OR
WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO
PROVIDE AVC VIDEO. NO LICENSE IS GRANTED OR SHALL BE
IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION
FOR H.264 (AVC) AND H.265 (HEVC) CODECS MAY BE
OBTAINED FROM MPEG LA, L.L.C. SEE
Compliance with Laws
You acknowledge and agree that it is Your responsibility for
complying with any applicable laws and regulations, including, but not
limited to laws and regulations related to call recording, data privacy,
intellectual property, trade secret, fraud, and music performance
rights, in the country or territory where the Avaya product is used.
Preventing Toll Fraud
“Toll Fraud” is the unauthorized use of your telecommunications
system by an unauthorized party (for example, a person who is not a
corporate employee, agent, subcontractor, or is not working on your
company's behalf). Be aware that there can be a risk of Toll Fraud
associated with your system and that, if Toll Fraud occurs, it can
result in substantial additional charges for your telecommunications
services.
Avaya Toll Fraud intervention
If You suspect that You are being victimized by Toll Fraud and You
need technical assistance or support, call Technical Service Center
Toll Fraud Intervention Hotline at +1-800-643-2353 for the United
States and Canada. For additional support telephone numbers, see
successor site as designated by Avaya.