3916 Service Delivery Switch
Hardware Installation and Start-up Manual
009-3226-001 Standard Revision E
Copyright
©
2013-2015 Ciena
®
Corporation
July 2015
IMPORTANT: PLEASE READ THIS LICENSE AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE
INSTALLING OR USING CIENA CORPORATION (“Ciena”) SOFTWARE, HARDWARE OR DOCUMENTATION
(COLLECTIVELY, THE “EQUIPMENT”).
BY INSTALLING OR USING THE EQUIPMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS
AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
1. Right to Use License; Restrictions.
Subject to these terms, and the payment of all applicable license fees,
Ciena grants to you, as end user, a non-exclusive license to use the Ciena software (the “Software”) in object code
form solely in connection with, and as embedded within, the Equipment,. You shall have the right to use the
Software solely for your own internal use and benefit. You may make one copy of the Software and documentation
solely for backup and archival purpose, however you must reproduce and affix all copyright and other proprietary
rights notices that appear in or on the original. You may not, without Ciena's prior written consent, (i) sublicense,
assign, sell, rent, lend, lease, transfer or otherwise distribute the Software; (ii) grant any rights in the Software or
documentation not expressly authorized herein; (iii) modify the Software nor provide any third person the means to
do the same; (iv) create derivative works, translate, disassemble, recompile, reverse engineer or attempt to obtain
the source code of the Software in any way; or (v) alter, destroy, or otherwise remove any proprietary notices or
labels on or embedded within the Software or documentation. You acknowledge that this license is subject to
Section 365 of the U.S. Bankruptcy Code and requires Ciena's consent to any assignment related to a bankruptcy
proceeding. Sole title to the Software and documentation, to any derivative works, and to any associated patents
and copyrights, remains with Ciena or its licensors. Ciena reserves to itself and its licensors all rights in the
Software and documentation not expressly granted to you. You shall preserve intact any notice of copyright,
trademark, logo, legend or other notice of ownership from any original or copies of the Software or documentation.
2. Audit:
Upon Ciena's reasonable request, but not more frequently than annually without reasonable cause, you
shall permit Ciena to audit the use of the Software at such times as may be mutually agreed upon to ensure
compliance with this Agreement.
3
. U.S. Government Use.
The Software is provided to the Government only with restricted rights and limited rights.
Use, duplication, or disclosure by the Government is subject to restrictions set forth in FAR Sections 52-227-14 and
52-227-19 or DFARS Section 52.227-7013(C)(1)(ii), as applicable. The Equipment and any accompanying technical
data (collectively “Materials”) are commercial within the meaning of applicable Federal acquisition regulations.
These Materials were developed fully at private expense. U.S. Government use of the Materials is restricted by this
Agreement, and all other U.S. Government use is prohibited. In accordance with FAR 12.212 and DFAR
Supplement 227.7202, software delivered to you is commercial computer software and the use of that software is
further restricted by this Agreement.
4
. Term of License.
This license is effective until terminated. Customer may terminate this license at any time by
giving written notice to Ciena [or] and destroying or erasing all copies of Software including any documentation.
Ciena may terminate this Agreement and your license to the Software immediately by giving you written notice of
termination in the event that either (i) you breach any term or condition of this Agreement or (ii) you are wound up
other than voluntarily for the purposes of amalgamation or reorganization, have a receiver appointed or enter into
liquidation or bankruptcy or analogous process in your home country. Termination shall be without prejudice to any
other rights or remedies Ciena may have. In the event of any termination you will have no right to keep or use the
Software or any copy of the Software for any purpose and you shall destroy and erase all copies of such Software in
its possession or control, and forward written certification to Ciena that all such copies of Software have been
destroyed or erased.
5
. Compliance with laws.
You agree to comply with all applicable laws, including all import regulations, and to
obtain all required licenses and permits related to installation and use of Equipment. Software, including technical
data, is subject to U.S. export control laws, including the U.S. Export Administration Act and its associated
regulations, and may be subject to export or import regulations in other countries. Customer agrees to comply
strictly with all such regulations and acknowledges that it has the responsibility to obtain licenses to export, re-
export, or import Software.
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