PMP Synchronization Solutions User Guide
Legal Notices
PMP-0297 007v001 (January, 2017)
5-8
Transfer. In the case of software designed to operate on Cambium equipment, you may not
transfer the Software to another party except: (1) if you are an end-user, when you are transferring
the Software together with the Cambium equipment on which it operates; or 2) if you are a
Cambium licensed distributor, when you are transferring the Software either together with such
Cambium equipment or are transferring the Software as a licensed duly paid for upgrade, update,
patch, new release, enhancement or replacement of a prior version of the Software. If you are a
Cambium licensed distributor, when you are transferring the Software as permitted herein, you
agree to transfer the Software with a license agreement having terms and conditions no less
restrictive than those contained herein. You may transfer all other Software, not otherwise having
an agreed restriction on transfer, to another party. However, all such transfers of Software are
strictly subject to the conditions precedent that the other party agrees to accept the terms and
conditions of this License, and you destroy any copy of the Software you do not transfer to that
party. You may not sublicense or otherwise transfer, rent or lease the Software without our
written consent. You may not transfer the Software in violation of any laws, regulations, export
controls or economic sanctions imposed by the US Government.
Right to Audit. Cambium shall have the right to audit annually, upon reasonable advance notice
and during normal business hours, your records and accounts to determine compliance with the
terms of this Agreement.
Export Controls. You specifically acknowledge that the software may be subject to United States
and other country export control laws. You shall comply strictly with all requirements of all
applicable export control laws and regulations with respect to all such software and materials.
US Government Users. If you are a US Government user, then the Software is provided with
"RESTRICTED RIGHTS" as set forth in subparagraphs (c)(1) and (2) of the Commercial Computer
Software-Restricted Rights clause at FAR 52 227-19 or subparagraph (c)(1)(ii) of the Rights in
Technical Data and Computer Software clause at DFARS 252.227-7013, as applicable.
Disputes.
You and Cambium hereby agree that any dispute, controversy or claim, except for any
dispute, controversy or claim involving intellectual property, prior to initiation of any formal legal
process, will be submitted for non-binding mediation, prior to initiation of any formal legal
process. Cost of mediation will be shared equally. Nothing in this Section will prevent either
party from resorting to judicial proceedings, if (i) good faith efforts to resolve the dispute under
these procedures have been unsuccessful, (ii) the dispute, claim or controversy involves
intellectual property, or (iii) interim relief from a court is necessary to prevent serious and
irreparable injury to that party or to others.
General. Illinois law governs this license. The terms of this license are supplemental to any
written agreement executed by both parties regarding this subject and the Software Cambium is
to license you under it, and supersedes all previous oral or written communications between us
regarding the subject except for such executed agreement. It may not be modified or waived
except in writing and signed by an officer or other authorized representative of each party. If any
provision is held invalid, all other provisions shall remain valid, unless such invalidity would
frustrate the purpose of our agreement. The failure of either party to enforce any rights granted
hereunder or to take action against the other party in the event of any breach hereunder shall not
be deemed a waiver by that party as to subsequent enforcement of rights or subsequent action in
the event of future breaches.
