vii
E
XHIBIT
A: E
ND
U
SER
L
ICENSE
A
GREEMENT
E
ND
U
SER
L
ICENSE
A
GREEMENT
(EULA)
nationals maintained by the Canadian Department of Foreign Affairs, Trade and Develop
-
ment, the Canadian Department of Public Safety and Emergency Preparedness, the U.S.
Office of Foreign Assets Control of the U.S. Department of the Treasury, the U.S. Department
of State, the U.S. Department of Commerce, United Nations Security Council, the European
Union or any EU member state, HM’s Treasury, or any other department or agency of any of
the aforementioned countries or territories, or the United Nations or any other country’s
sanctions-related list; (ii) owned or controlled by such person or entity; or (iii) acting in any
capacity on behalf of or for the benefit of such person or entity. Buyer also confirms that this
applies equally to any of its affiliates, joint venture partners, subsidiaries and to the best of
Buyer’s knowledge, any of its agents or representatives.
Exhibit A: End User License Agreement
IMPORTANT – READ CAREFULLY: iS5 Communications Inc. (“
iS5Com
”) licenses the iS5Com Materials (as
defined below) subject to the terms and conditions of this end user license agreement (the “
EULA
”). BY
SELECTING “ACCEPT” OR OTHERWISE EXPRESSLY AGREEING TO THIS EULA, BY DOWNLOADING,
INSTALLING OR USING THE SOFTWARE, OR BY USING THE HARDWARE (AS DEFINED BELOW), ALL OF THE
TERMS AND CONDITIONS CONTAINED IN THIS EULA BECOME LEGALLY BINDING ON THE CUSTOMER.This
End User License Agreement (the “
EULA
”) supplements the Terms and Conditions or such other terms
and conditions between iS5Com or, if applicable, a reseller for iS5Com, and the Customer (as defined
below) (in either case, the “
Contract
”).
1)
DEFINITIONS
“
Confidential Information
” means all data and information relating to the business and manage
-
ment of iS5Com, including iS5Com Materials, trade secrets, technology and records to which access
is obtained hereunder by the Customer, and any materials provided by iS5Com to the Customer, but
does not include any data or information which: (a) is or becomes publicly available through no fault
of the Customer; (b) is already in the rightful possession of the Customer prior to its receipt from
iS5Com; (c) is already known to the Customer at the time of its disclosure to the Customer by iS5Com
and is not the subject of an obligation of confidence of any kind; (d) is independently developed by
the Customer; (e) is rightfully obtained by the Customer from a third party; (e) is disclosed with the
written consent of iS5Com; or (f) is disclosed pursuant to court order or other legal compulsion.
–
“
Customer
” means the licensee of the iS5Com Software pursuant to the Contract.
–
“
iS5Com Documentation
” means Documentation supplied by or on behalf of iS5Com under
the Contract relating to the development, use, installation, implementation, integration,
configuration, operation, modification, maintenance or support of iS5Com Software, or
iS5Com Firmware.
–
“
iS5Com Firmware
” means iS5Com Software in object code format that is embedded in
iS5Com Hardware.
–
“
iS5Com Hardware
” means Hardware supplied by or on behalf of iS5Com under the Contract.
–
“
iS5Com Materials
” means, collectively, the iS5Com Software and the iS5Com Documenta
-
tion.
