Navini Networks, Inc.
Ripwave MX Surfer Modem User Guide
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English_Surfer_User_Guide_2007-05-04_40-00444-00Ra(6.X)
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2.5 Suitability.
a.
Buyer alone is responsible for determining which software best suits Buyer’s needs,
for installing and operating the Software, and for the results obtained. Accordingly,
each Buyer should determine its needs, and evaluate the Software’s capabilities before
making a final decision about licensing the software.
b.
Navini Networks, Inc. makes no representation that the Software conforms to or
satisfies any federal, state, or local laws. Buyer is encouraged to engage professional
assistance from attorneys and engineers to evaluate the suitability of the Software for
Buyer’s use.
c.
Navini Networks, Inc. makes no claims that the Software is suitable for Buyer’s
intended purposes.
2.6
Remote Digital Access. Navini Networks, Inc. reserves the right, but is not obligated to
digitally access the Software for the purposes of upgrading and maintaining the Software.
2.7
U.S. GOVERNMENT RESTRICTED RIGHTS. All Software provided to the U.S.
Government pursuant to solicitations issued on or after December 1, 1995 is provided with
the commercial license rights and restrictions described elsewhere herein. All Software
provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is
provided with “Restricted Rights” as provided for in FAR, 48 CFR 52.227-14 (June 1987) or
DFAR, 48 CFR 252.227-7013 (Oct 1988), as applicable
ARTICLE 3
TRADE
SECRETS
3.1 Trade
Secret. Navini Networks, Inc. considers the licensed Software covered by this License
Agreement to be a trade secret. Navini Networks, Inc. does not disclose any information to
Navini Networks, Inc. competitors or potential competitors. Buyer shall not disclose any
design, code, or technological know-how gained by access to the Software to Licensor’s
competitors. Buyer shall not use design, code, or documentation gained by access to the
Software to develop a similar technology or a competing software product. To attempt to or
to do so, the Parties acknowledge, understand and agree, constitute a material breach of this
License Agreement.
3.2
Third Party Intellectual Property. Buyer acknowledges, understands and agrees that the
licensed Software covered by this License Agreement may contain Intellectual Property
owned by Third Parties and duly licensed to Navini Networks, Inc. Copyright, Patent and
other laws protect Third Party Intellectual Property manufactured with, marketed with, or
otherwise bundled with the licensed Software. Buyer promises to keep such Third Party
Intellectual Property in confidence to the benefit of the Third Party, agrees not to reverse
engineer or otherwise decompile Third Party Intellectual Property, and agrees to stop using,
destroy and/or return such Third Party owned Intellectual Property under the same terms and
conditions as the licensed Software as set forth in this License Agreement.
