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Refer to your sales agreement to establish the terms of the limited
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information regarding support for this product while under warranty is
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designated by Avaya. Please note that if You acquired the product(s)
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(as applicable) and which is described further in Hosted SAS or other
service description documentation regarding the applicable hosted
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in your service description documents for the applicable Hosted
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Hosted Service
THE FOLLOWING APPLIES IF YOU PURCHASE A HOSTED
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CHANNEL PARTNER (AS APPLICABLE), THE TERMS OF USE
FOR HOSTED SERVICES ARE AVAILABLE ON THE AVAYA
WEBSITE,
HTTP://SUPPORT.AVAYA.COM/LICENSEINFO
UNDER
THE LINK “Avaya Terms of Use for Hosted Services” OR SUCH
SUCCESSOR SITE AS DESIGNATED BY AVAYA, AND ARE
APPLICABLE TO ANYONE WHO ACCESSES OR USES THE
HOSTED SERVICE. BY ACCESSING OR USING THE HOSTED
SERVICE, OR AUTHORIZING OTHERS TO DO SO, YOU, ON
BEHALF OF YOURSELF AND THE ENTITY FOR WHOM YOU ARE
DOING SO (HEREINAFTER REFERRED TO INTERCHANGEABLY
AS “YOU” AND “END USER”), AGREE TO THE TERMS OF USE. IF
YOU ARE ACCEPTING THE TERMS OF USE ON BEHALF A
COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT
YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE
TERMS OF USE. IF YOU DO NOT HAVE SUCH AUTHORITY, OR
IF YOU DO NOT WISH TO ACCEPT THESE TERMS OF USE, YOU
MUST NOT ACCESS OR USE THE HOSTED SERVICE OR
AUTHORIZE ANYONE TO ACCESS OR USE THE HOSTED
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LIMITED BY THE NUMBER AND TYPE OF LICENSES
PURCHASED UNDER YOUR CONTRACT FOR THE HOSTED
SERVICE, PROVIDED, HOWEVER, THAT FOR CERTAIN HOSTED
SERVICES IF APPLICABLE, YOU MAY HAVE THE OPPORTUNITY
TO USE FLEX LICENSES, WHICH WILL BE INVOICED
ACCORDING TO ACTUAL USAGE ABOVE THE CONTRACT
LICENSE LEVEL. CONTACT AVAYA OR AVAYA’S CHANNEL
PARTNER FOR MORE INFORMATION ABOUT THE LICENSES
FOR THE APPLICABLE HOSTED SERVICE, THE AVAILABILITY
OF ANY FLEX LICENSES (IF APPLICABLE), PRICING AND
BILLING INFORMATION, AND OTHER IMPORTANT
INFORMATION REGARDING THE HOSTED SERVICE.
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THE SOFTWARE LICENSE TERMS AVAILABLE ON THE AVAYA
WEBSITE,
HTTP://SUPPORT.AVAYA.COM/LICENSEINFO
OR
SUCH SUCCESSOR SITE AS DESIGNATED BY AVAYA, ARE
APPLICABLE TO ANYONE WHO DOWNLOADS, USES AND/OR
INSTALLS AVAYA SOFTWARE, PURCHASED FROM AVAYA INC.,
ANY AVAYA AFFILIATE, OR AN AVAYA CHANNEL PARTNER (AS
APPLICABLE) UNDER A COMMERCIAL AGREEMENT WITH
AVAYA OR AN AVAYA CHANNEL PARTNER. UNLESS
OTHERWISE AGREED TO BY AVAYA IN WRITING, AVAYA DOES
NOT EXTEND THIS LICENSE IF THE SOFTWARE WAS
OBTAINED FROM ANYONE OTHER THAN AVAYA, AN AVAYA
AFFILIATE OR AN AVAYA CHANNEL PARTNER; AVAYA
RESERVES THE RIGHT TO TAKE LEGAL ACTION AGAINST YOU
AND ANYONE ELSE USING OR SELLING THE SOFTWARE
WITHOUT A LICENSE. BY INSTALLING, DOWNLOADING OR
USING THE SOFTWARE, OR AUTHORIZING OTHERS TO DO SO,
YOU, ON BEHALF OF YOURSELF AND THE ENTITY FOR WHOM
YOU ARE INSTALLING, DOWNLOADING OR USING THE
SOFTWARE (HEREINAFTER REFERRED TO
INTERCHANGEABLY AS “YOU” AND “END USER”), AGREE TO
THESE TERMS AND CONDITIONS AND CREATE A BINDING
CONTRACT BETWEEN YOU AND AVAYA INC. OR THE
APPLICABLE AVAYA AFFILIATE (“AVAYA”).
Avaya grants You a license within the scope of the license types
described below, with the exception of Heritage Nortel Software, for
which the scope of the license is detailed below. Where the order
documentation does not expressly identify a license type, the
applicable license will be a Designated System License. The
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and any upgrades, updates, patches, bug fixes, or modified versions
thereto. “Designated Processor” means a single stand-alone
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“Instance” means a single copy of the Software executing at a
particular time: (i) on one physical machine; or (ii) on one deployed
software virtual machine (“VM”) or similar deployment.
License types
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each copy or an Instance of the Software only on a number of
Designated Processors up to the number indicated in the order.
Avaya may require the Designated Processor(s) to be identified in
the order by type, serial number, feature key, Instance, location or
other specific designation, or to be provided by End User to Avaya
through electronic means established by Avaya specifically for this
purpose.
Concurrent User License (CU). End User may install and use the
Software on multiple Designated Processors or one or more Servers,
so long as only the licensed number of Units are accessing and using
the Software at any given time. A “Unit” means the unit on which
Avaya, at its sole discretion, bases the pricing of its licenses and can
be, without limitation, an agent, port or user, an e-mail or voice mail
account in the name of a person or corporate function (e.g.,
webmaster or helpdesk), or a directory entry in the administrative
database utilized by the Software that permits one user to interface