Coyote Point Systems E350GX, Installation And Administration Manual

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Equalizer Installation and Administration Guide 315
Appendix H:
License and Warranty
SOFTWARE LICENSE
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SOFTWARE. BY
USING THIS SOFTWARE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS
LICENSE. IF YOU DO NOT AGREE WITH THE TERMS OF THIS LICENSE, PROMPTLY RETURN THE
UNUSED SOFTWARE, MANUAL, AND RELATED EQUIPMENT AND HARDWARE (WITH PROOF OF
PAYMENT) TO THE PLACE OF PURCHASE FOR A FULL REFUND.
Coyote Point Systems, Inc. (“Coyote Point Systems”) and its suppliers grant to Customer (“Customer”) a
nonexclusive and nontransferable license to use the Coyote Point Systems software (“Software”) in object code form
solely on a single central processing unit owned or leased by Customer or otherwise embedded in equipment
provided by Coyote Point Systems. Customer may make one (1) archival copy of the software provided Customer
affixes to such copy all copyright, confidentiality, and proprietary notices that appear on the original. EXCEPT AS
EXPRESSLY AUTHORIZED ABOVE, CUSTOMER SHALL NOT COPY, IN WHOLE OR IN PART,
SOFTWARE OR DOCUMENTATION; MODIFY THE SOFTWARE; REVERSE COMPILE OR REVERSE
ASSEMBLE ALL OR ANY PORTION OF THE SOFTWARE; OR RENT, LEASE, DISTRIBUTE, SELL, OR
CREATE DERIVATIVE WORKS OF THE SOFTWARE.
Customer agrees that aspects of the licensed materials, including the specific design and structure of individual
programs, constitute trade secrets and/or copyrighted material of Coyote Point Systems. Customer agrees not to
disclose, provide, or otherwise make available such trade secrets or copyrighted material in any form to any third
party without the prior written consent of Coyote Point Systems. Customer agrees to implement reasonable security
measures to protect such trade secrets and copyrighted material. Title to Software and documentation shall remain
solely with Coyote Point Systems.
This License is effective until terminated. Customer may terminate this License at any time by destroying all copies
of Software including any documentation. This License will terminate immediately without notice from Coyote
Point Systems if Customer fails to comply with any provision of this License. Upon termination, Customer must
destroy all copies of Software. 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. Customer agrees to comply strictly with all such regulations and acknowledges that it
has the responsibility to obtain licenses to export, reexport, or import Software.
This License shall be governed by and construed in accordance with the laws of the State of New York, United
States of America, as if performed wholly within the state and without giving effect to the principles of conflict of
law. If any portion hereof is found to be void or unenforceable, the remaining provisions of this License shall remain
in full force and effect. This License constitutes the entire License between the parties with respect to the use of the
Software.
Restricted Rights - Coyote Point Systems' software is provided to non-DOD agencies with RESTRICTED RIGHTS
and its supporting documentation is provided with LIMITED RIGHTS. Use, duplication, or disclosure by the U.S.
Government is subject to the restrictions as set forth in subparagraph “C” of the Commercial Computer Software -
Restricted Rights clause at FAR 52.227-19. In the event the sale is to a DOD agency, the U.S. Government's rights in
software, supporting documentation, and technical data are governed by the restrictions in the Technical Data
Commercial Items clause at DFARS 252.227-7015 and DFARS 227.7202.