Black Box LRA 2900, Справочное руководство

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End User License Agreement 272
Model LRA2900A RAS Administrators’ Reference Guide 23 • License
2. Title:
Title to the Program(s), all copies of the Program(s), all patent rights, copyrights, trade secrets and proprietary
information in the Program(s), worldwide, remains with Black Box Corporation or its licensors.
3. Term:
The term of this Agreement is from the Effective Date until title of the Designated Equipment is transferred by
End User or unless the license is terminated earlier as defined in “6. Termination:” below.
4. Grant of License:
A) During the term of this Agreement, Black Box Corporation grants a personal, non-transferable, non-assign-
able and non-exclusive license to the End User to use the Program(s) only with the Designated Equipment at a
site owned or leased by the End User.
B) The End User may copy licensed Program(s) as necessary for backup purposes only for use with the Desig-
nated Equipment that was first purchased or used or its temporary or permanent replacement.
C) The End User is prohibited from disassembling; decompiling, reverse-engineering or otherwise attempting
to discover or disclose the Program(s), source code, methods or concepts embodied in the Program(s) or having
the same done by another party.
D) Should End User transfer title of the Designated Equipment to a third party after entering into this license
agreement, End User is obligated to inform the third party in writing that a separate End User License Agree-
ment from Black Box Corporation is required to operate the Designated Equipment.
5. Warranty:
The Program(s) are provided “as is” without warranty of any kind. Black Box Corporation and its licensors dis-
claim all warranties, either express or implied, including but not limited to the implied warranties of merchant-
ability, fitness for a particular purpose or non-infringement. In no event shall Black Box Corporation or its
licensors be liable for any damages whatsoever (including, without limitation, damages for loss of business
profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use of or
inability to use the Program(s), even if Black Box Corporation has been advised of the possibility of such dam-
ages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental
damages, the above limitation may not apply to you.
If the Program(s) are acquired by or on behalf of a unit or agency of the United States Government, the Gov-
ernment agrees that such Program(s) are “commercial computer software” or “computer software documenta-
tion” and that, absent a written agreement to the contrary, the Government’s rights with respect to such
Program(s) are limited by the terms of this Agreement, pursuant to Federal Acquisition Regulations 12.212(a)
and/or DEARS 227.7202-1(a) and/or sub-paragraphs (a) through (d) of the “Commercial Computer Soft-
ware—Restricted Rights” clause at 48 C.F.R. 52.227-19 of the Federal Acquisition Regulations as applicable.
6. Termination:
A) The End User may terminate this agreement by returning the Designated Equipment and destroying all
copies of the licensed Program(s).
B) Black Box Corporation may terminate this Agreement should End User violate any of the provisions of “4.
Grant of License:” above.
C) Upon termination for A or B above or the end of the Term, End User is required to destroy all copies of the
licensed Program(s)