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• You may transfer the Program, documentation and the license to another eligible party within
Your Company if the other party agrees to accept the terms and conditions of this Agreement.
If You transfer the Program and documentation, You must at the same time either transfer all
copies whether in printed or machine readable form to the same party or destroy any copies
not transferred; this includes all modifications and portions of the Program contained in or
merged into other Programs;
• You shall not remove, and each copy of the Program shall contain, the same copyright,
proprietary, patent and/or other applicable intellectual property or other ownership notices,
plus any restricted rights legends that appear in the Program and/or this Agreement and, if
You copy the Program onto media to which a label may be attached, You shall attach a label
to the media that includes all such notices and legends that appear on the Program master
disk and envelope;
• You may not rent or lease the Program. You may not reverse engineer, decompile or
disassemble the Program. Except as is strictly necessary for You to integrate the Program with
other software and/or hardware to produce the Licensed Systems, You shall not copy, modify
or reproduce the Program or documentation in any way. You shall use Your best efforts to
ensure that any user of the Program does not reverse engineer, decompile or disassemble the
Program to derive a source code equivalent of the Program;
• If You transfer possession of any copy, modification or merged portion of the Program or
documentation to another party in any way other than as expressly permitted in this
Agreement, this license is immediately and automatically terminated;
• The Program may be used only in conjunction with Dialogic hardware;
• The Program shall not be exported or re-exported in violation of any export provisions of the
United States or any other applicable jurisdiction.
Upgrades
If the Program is provided as an upgrade and the upgrade is an upgrade from another product
licensed to You and Your Authorized Users by Dialogic, the upgrade is governed by the license
agreement earlier provided with that software product package and the present Agreement does
not grant You additional license(s).
Term
The Agreement is effective until terminated. You may terminate it at any time by notifying
Dialogic and/or by destroying the Program and all accompanying documentation together with
all copies, modifications and merged portions in any form. The Agreement will also terminate
automatically upon the occurrence or lack of occurrence of certain terms and/or conditions set
forth in this Agreement, or if You fail to comply with any term or condition of this Agreement.
You agree that upon any such termination You shall destroy or return to Dialogic the Program
and all accompanying documentation supplied by Dialogic, together with any and all copies,
modifications and merged portions in any form. All provisions of this Agreement relating to
disclaimers of warranties, limitation of liability, remedies, or damages, and licensor's proprietary
rights shall survive termination.
Limited Warranty
Dialogic solely warrants the media on which the Program is furnished to You to be free from
defects in materials and workmanship under normal use for a period of ninety (90) days from
the date of purchase by You as evidenced by a copy of Your receipt. If such a defect appears
within the warranty period, You may return the defective media to Dialogic for replacement
without charge provided Dialogic, in good faith, determines that it was defective in materials or
workmanship. Replacement is Your sole remedy with respect to such a defect. Dialogic offers
no warranty for Your reproduction of the Program. This Limited Warranty is void if failure of the
Program has resulted from accident, misuse, abuse or misapplication.
Disclaimers, Limitations of Liability and Customer Remedies
Except as set forth in the "Limited Warranty" Section of this Agreement, the Program and
accompanying documentation are provided to You "as is." Neither Dialogic, its subsidiaries, its
suppliers, nor its licensor(s) (if any) warrants that the Program will meet Your requirements or
that its use will be uninterrupted or error-free. Except as set forth in the "Limited Warranty"
Section, EACH OF DIALOGIC, ITS SUBSIDIARIES, ITS SUPPLIERS AND ITS LICENSOR(S) (IF
ANY) DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED,
WITH RESPECT TO THE PROGRAM AND ACCOMPANYING DOCUMENTATION, INCLUDING BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR AGAINST LATENT DEFECTS. Except as set forth in
the "Limited Warranty" Section, neither Dialogic, its subsidiaries, its suppliers, nor its licensor(s)
(if any) shall have any liability to You or any third party for any claim, loss or damage of any
kind, including but not limited to lost business profits, business interruption, loss of information,
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