Coyote Point Systems Equalizer, Installation And Administration Manual

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Equalizer Installation and Administration Guide 121
F 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.