ii
End-User License Agreement and Limited Product Warranty
Software Product(s)
IMPORTANT—READ CAREFULLY:
This End-User License Agreement (“EULA”) is a legal agreement
between you (either an individual or a single legal entity) and Black Box
®
. By installing, copying,
downloading, accessing or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of
this EULA. You agree that this EULA is enforceable like any written, negotiated contract signed by you. If
you do not agree to the terms of this EULA, do not download, install or use the SOFTWARE PRODUCT; you
may, however, return it to the place where you obtained it.
1.
Limited License Grant.
Black Box grants to you (“Licensee”) a non-exclusive, limited license to use
the Software. Licensee may make one archival copy of the Software. Licensee may not re-distribute the
Software in whole or in part, either separately or included with a product.
2.
Restrictions.
Software is confidential copyrighted information and title to all copies is retained by Black
Box and/or its licensors. Licensee shall not modify, decompile, disassemble, decrypt, extract, or
otherwise reverse engineer Software. Software may not be leased, or sublicensed, in whole or in part.
Licensee may transfer all rights under this License on a permanent basis provided that Licensee transfers
the license, the Software and all associated printed materials, retains no copies and the recipient agrees to
the terms of this License.
3.
Trademarks and Logos.
This License does not authorize Licensee to use any Black Box name,
trademark or logo. Licensee agrees to: (i) not do anything harmful to or inconsistent with Black Box’s
rights; and (ii) assist Black Box in protecting those rights, including assigning to Black Box any rights
acquired by Licensee.
4.
Disclaimer of Warranty.
Software is provided “AS IS,” without a warranty of any kind. ALL
EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED
WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-
INFRINGEMENT, ARE HEREBY EXCLUDED.
5.
Limitation of Liability.
BLACK BOX AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY
DAMAGES SUFFERED BY LICENSEE OR ANY THIRD PARTY AS A RESULT OF USING OR
DISTRIBUTING SOFTWARE. IN NO EVENT WILL BLACK BOX OR ITS LICENSORS BE LIABLE
FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL,
CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND
REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY
TO USE SOFTWARE, EVEN IF BLACK BOX HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
6.
Termination.
Licensee may terminate this License at any time by destroying all copies of Software. This
License will terminate immediately without notice from Black Box if Licensee fails to comply with any
provision of this License. Upon such termination, Licensee must destroy all copies of Software.
7.
Export Regulations.
Software, including technical data, is subject to U.S. export control laws, including
the U.S. Export Administration Act and its associated regulations, and may be subject to export or import
regulations in other countries. Licensee agrees to comply strictly with all such regulations and
