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Software and Firmware License Agreement
The terms and conditions of this License Agreement (the “Agreement”) will apply to the
software and/or firmware (individually or collectively the “Software”) incorporated into
the Paradyne product (the “Product”) purchased by you and any derivatives obtained
from the Software, including any copy of either. If you have executed a separate written
agreement covering the Software supplied to you under this purchase, such separate
written agreement shall govern.
Paradyne Corporation (“Paradyne”) grants to you, and you (“Licensee”) agree to accept
a personal, non-transferable, non-exclusive, right (without the right to sublicense) to use
the Software, solely as it is intended and solely as incorporated in the Product
purchased from Paradyne or its authorized distributor or reseller under the following
terms and conditions:
1. Ownership: The Software is the sole property of Paradyne and/or its licensors. The
Licensee acquires no title, right or interest in the Software other than the license
granted under this Agreement.
2. Licensee shall not use the Software in any country other than the country in which
the Product was rightfully purchased except upon prior written notice to Paradyne
and an agreement in writing to additional terms.
3. The Licensee shall not reverse engineer, decompile or disassemble the Software in
whole or in part.
4. The Licensee shall not copy the Software except for a single archival copy.
5. Except for the Product warranty contained in the manual, the Software is provided
“AS IS” and in its present state and condition and Paradyne makes no other
warranty whatsoever with respect to the Product purchased by you. THIS
AGREEMENT EXPRESSLY EXCLUDES ALL OTHER WARRANTIES, WHETHER
EXPRESS OR IMPLIED, OR ORAL OR WRITTEN, INCLUDING WITHOUT
LIMITATION:
a.
Any warranty that the Software is error-free, will operate uninterrupted in your
operating environment, or is compatible with any equipment or software
configurations; and
ONCE YOU HAVE READ THIS LICENSE AGREEMENT AND AGREE TO ITS
TERMS, YOU MAY USE THE SOFTWARE AND/OR FIRMWARE INCORPORATED
INTO THE PARADYNE PRODUCT. BY USING THE PARADYNE PRODUCT YOU
SHOW YOUR ACCEPTANCE OF THE TERMS OF THIS LICENSE AGREEMENT.
IN THE EVENT THAT YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS
LICENSE AGREEMENT, PROMPTLY RETURN THE UNUSED PRODUCT IN ITS
ORIGINAL PACKAGING AND YOUR SALES RECEIPT OR INVOICE TO THE
LOCATION WHERE YOU OBTAINED THE PARADYNE PRODUCT OR THE
LOCATION FROM WHICH IT WAS SHIPPED TO YOU, AS APPLICABLE, AND YOU
WILL RECEIVE A REFUND OR CREDIT FOR THE PARADYNE PRODUCT
PURCHASED BY YOU.