DPS Telecom RPS AB6, User Manual

Page: 69 / 74

65
End User License Agreement
9
All Software and firmware used in, for, or in connection with the Product, parts, subsystems, or
derivatives thereof, in whatever form, including, without limitation, source code, object code and
microcode, including any computer programs and any documentation relating to or describing such
Software is furnished to the End User only under a non-exclusive perpetual license solely for End User's
use with the Product.
The Software may not be copied or modified, in whole or in part, for any purpose whatsoever. The
Software may not be reverse engineered, compiled, or disassembled. No title to or ownership of the
Software or any of its parts is transferred to the End User. Title to all patents, copyrights, trade secrets,
and any other applicable rights shall remain with the DPS Telecom.
DPS Telecom's warranty and limitation on its liability for the Software is as described in the warranty
information provided to End User in the Product Manual.
End User shall indemnify DPS Telecom and hold it harmless for and against any and all claims,
damages, losses, costs, expenses, obligations, liabilities, fees and costs and all amounts paid in
settlement of any claim, action or suit which may be asserted against DPS Telecom which arise out of
or are related to the non-fulfillment of any covenant or obligation of End User in connection with this
Agreement.
This Agreement shall be construed and enforced in accordance with the laws of the State of California,
without regard to choice of law principles and excluding the provisions of the UN Convention on
Contracts for the International Sale of Goods. Any dispute arising out of the Agreement shall be
commenced and maintained only in Fresno County, California. In the event suit is brought or an attorney
is retained by any party to this Agreement to seek interpretation or construction of any term or provision
of this Agreement, to enforce the terms of this Agreement, to collect any money due, or to obtain any
money damages or equitable relief for breach, the prevailing party shall be entitled to recover, in addition
to any other available remedy, reimbursement for reasonable attorneys' fees, court costs, costs of
investigation, and other related expenses.