End-User License Agreement
AP-7532 Access Point Installation Guide
43
under this Agreement include the right to decompile, disassemble, electronically transfer,
or reverse engineer the Licensed Materials, including the Licensed Software, or to
translate the Licensed Materials into another computer language. The media embodying
the Licensed Materials may be copied by You, in whole or in part, into printed or
machine readable form, in sufficient numbers only for backup or archival purposes, or to
replace a worn or defective copy. However, You agree not to have more than two (2)
copies of the Licensed Software in whole or in part, including the original media, in your
possession for said purposes without Extreme’ prior written consent, and in no event
shall You operate more copies of the Licensed Software than the specific licenses
granted to You. You may not copy or reproduce the documentation. You agree to
maintain appropriate records of the location of the original media and all copies of the
Licensed Software, in whole or in part, made by You. Any portion of the Licensed
Software included in any such modular work shall be used only on a single computer for
internal purposes and shall remain subject to all the terms and conditions of this
Agreement. You agree to include any copyright or other proprietary notice set forth on
the label of the media embodying the Licensed Software on any copy of the Licensed
Software in any form, in whole or in part, or on any modification of the Licensed
Software or any such modular work containing the Licensed Software or any part
thereof.
7 TITLE AND PROPRIETARY RIGHTS.
a The Licensed Materials are copyrighted works and are the sole and exclusive property
of Extreme, any company or a division thereof which Extreme controls or is
controlled by, or which may result from the merger or consolidation with Extreme (its
“Affiliates”), and/or their suppliers. This Agreement conveys a limited right to operate
the Licensed Materials and shall not be construed to convey title to the Licensed
Materials to You. There are no implied rights. You shall not sell, lease, transfer,
sublicense, dispose of, or otherwise make available the Licensed Materials or any
portion thereof, to any other party.
b You further acknowledge that in the event of a breach of this Agreement, Extreme
shall suffer severe and irreparable damages for which monetary compensation alone
will be inadequate. You therefore agree that in the event of a breach of this
Agreement, Extreme shall be entitled to monetary damages and its reasonable
attorney’s fees and costs in enforcing this Agreement, as well as injunctive relief to
restrain such breach, in addition to any other remedies available to Extreme.
8 PROTECTION AND SECURITY. In the performance of this Agreement or in contemplation
thereof, You and your employees and agents may have access to private or confidential
information owned or controlled by Extreme relating to the Licensed Materials supplied
hereunder including, but not limited to, product specifications and schematics, and such
information may contain proprietary details and disclosures. All information and data so
acquired by You or your employees or agents under this Agreement or in contemplation
hereof shall be and shall remain Extreme’ exclusive property, and You shall use all
commercially reasonable efforts to keep, and have your employees and agents keep, any
and all such information and data confidential, and shall not copy, publish, or disclose it
to others, without Extreme’ prior written approval, and shall return such information and
data to Extreme at its request. Nothing herein shall limit your use or dissemination of
information not actually derived from Extreme or of information which has been or
subsequently is made public by Extreme, or a third party having authority to do so.
