THE INSTALLATION OR DOWNLOAD PROCESS GOVERNING CUSTOMER’S USE OF THE SOFTWARE. TO THE
EXTENT OF A CONFLICT BETWEEN THE PROVISIONS OF THE FOREGOING DOCUMENTS, THE ORDER OF
PRECEDENCE SHALL BE (1)THE SIGNED CONTRACT, (2) THE CLICK-ACCEPT AGREEMENT OR THIRD PARTY
LICENSE AGREEMENT, AND (3) THE AGREEMENT. FOR PURPOSES OF THE AGREEMENT, “SOFTWARE”
SHALL MEAN COMPUTER PROGRAMS, INCLUDING FIRMWARE AND COMPUTER PROGRAMS EMBEDDED IN
RAJANT EQUIPMENT, AS PROVIDED TO CUSTOMER BY AN APPROVED SOURCE, AND ANY UPGRADES,
UPDATES, BUG FIXES OR MODIFIED VERSIONS THERETO (COLLECTIVELY, “UPGRADES”), ANY OF THE
SAME WHICH HAS BEEN RELICENSED UNDER THE RAJANT SOFTWARE TRANSFER AND RE-LICENSING
POLICY (AS MAY BE AMENDED BY RAJANT FROM TIME TO TIME) OR BACKUP COPIES OF ANY OF THE
FOREGOING.
License. Conditioned upon compliance with the terms and conditions of the Agreement, RAJANT grants
to Customer a nonexclusive and nontransferable license to use for Customer’s internal business
purposes the Software and the Documentation for which Customer has paid the required license fees to
an Approved Source. “Documentation” means written information (whether contained in user or
technical manuals, training materials, specifications or otherwise) pertaining to the Software and made
available by an Approved Source with the Software in any manner (including on CD-Rom, or on-line). In
order to use the Software, Customer may be required to input a registration number or product
authorization key and register Customer’s copy of the Software online at RAJANT’S website to obtain the
necessary license key or license file.
Customer’s license to use the Software shall be limited to, and Customer shall not use the Software in
excess of, a single hardware chassis or card or such other limitations as are set forth in the applicable
Supplemental License Agreement or in the applicable purchase order which has been accepted by an
Approved Source and for which Customer has paid to an Approved Source the required license fee (the
“Purchase Order”).
Unless otherwise expressly provided in the Documentation or any applicable Supplemental License
Agreement, Customer shall use the Software solely as embedded in, for execution on, or (where the
applicable Documentation permits installation on non- RAJANT equipment) for communication with
RAJANT equipment owned or leased by Customer and used for Customer’s internal business purposes.
No other licenses are granted by implication, estoppel or otherwise.
For evaluation or beta copies for which Rajant does not charge a license fee, the above requirement to
pay license fees does not apply.
General Limitations. This is a license, not a transfer of title, to the Software and Documentation, and
Rajant retains ownership of all copies of the Software and Documentation. Customer acknowledges that
the Software and Documentation contain trade secrets of Rajant or its suppliers or licensors, including
but not limited to the specific internal design and structure of individual programs and associated
interface information. Except as otherwise expressly provided under the Agreement, Customer shall only
use the Software in connection with the use of Rajant equipment purchased by the Customer from an
Approved Source and Customer shall have no right, and Customer specifically agrees not to:
(i) transfer, assign or sublicense its license rights to any other person or entity (other than in compliance
with any Rajant relicensing/transfer policy then in force), or use the Software on Rajant equipment not
