Navini Networks, Inc.
Ripwave MX Surfer Modem User Guide
29
English_Surfer_User_Guide_2007-05-04_40-00444-00Ra(6.X)
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ADDENDUM 3: End User Software License Agreement
between
Navini Networks, Inc.
and
Buyer
ARTICLE 1
IMPORTANT MESSAGE
1.1
Act of Assent. Installing the Software indicates that you have read, understand and accept this
License Agreement.
ARTICLE 2
LICENSES
2.1
Grant of License. The Software and related Documentation, are the intellectual property of
Navini Networks, Inc. and are protected by law. Navini Networks, Inc. grants to Buyer a
personal, nonexclusive, nontransferable worldwide license, for revocable use (as permitted
herein) of the Software based on the terms and conditions of this License Agreement and the
Master Supply Agreement to which it is attached. Buyer is permitted to install and use the
Software on its server, but only in conjunction with the Navini Hardware. Buyer is not
permitted to rent, sell or otherwise transfer the Software to any third parties.
2.2 Ownership
Rights. Under this Agreement, Buyer does not acquire any rights of ownership in
the Software and related Documentation and subsequent releases and versions licensed by
Navini Networks, Inc. to Buyer pursuant to this License Agreement, whether in printed or
machine-readable format. Buyer acquires only the right to use the Software and related
Documentation subject to the terms and conditions of this Agreement. Buyer promises to
keep the Software in confidence for the benefit of Navini Networks, Inc. and agrees to destroy
or return the Software and all copies at such time as Buyer chooses to cease using the
Software or upon termination or cancellation of this License Agreement for any reason.
2.3 Backup
Copies. Buyer may copy the Software for safekeeping (archival) or backup purposes,
provided that all such copies of the Software are subject to the provisions of this License
Agreement, and also provided that each copy shall include in readable format any and all
confidential, proprietary, and copyright notices or markings contained in the original.
2.4 Assignment. The rights granted in this License Agreement are restricted for use solely by
Buyer and may not be assigned, transferred, or sublicensed, however Buyer may grant access
to its server to End-Users. Each Buyer shall be authorized to make use of the Software in the
form in which it is provided to Buyer solely for Buyer’s own computer server location. Buyer
represents that it will not use the Software for any purpose that is not expressly delineated in
this Agreement. Further Buyer represents that it will comply with all export, re-export, and
other laws in its use of the Software.