page 3
UNOPENED "AS NEW" CONDITION (INCLUDING ALL DOCUMENTATION AND BINDERS OR OTHER
CONTAINERS) FOR A FULL REFUND AND/OR YOU SHOULD NOT COMMENCE THE APPLICABLE
DOWNLOADING. BY DOWNLOADING, INSTALLING, COPYING OR OTHERWISE USING THE
ENCLOSED SOFTWARE ("PROGRAM"), WHETHER SUCH PROGRAM WAS MADE AVAILABLE TO
YOU AS PART OF SEALED PACKAGING AND/OR VIA DOWNLOADING, YOU FURTHER AGREE AND
ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND IT, AND THAT BY
TAKING ANY ONE OR MORE OF SUCH STEPS/ACTIONS YOU AGREE TO BE BOUND BY SUCH
TERMS AND CONDITIONS. DIALOGIC IS UNWILLING TO LICENSE THE PROGRAM TO YOU IF
YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS
AGREEMENT.
Intellectual Property
The enclosed Program and all accompanying documentation are individually and collectively
owned by Dialogic Corporation ("Dialogic"), its subsidiaries and/or its suppliers and are
protected by all applicable intellectual property laws and international treaty provisions.
Therefore, You and Your Authorized Users must treat the Program and documentation like any
other material so protected, except as expressly permitted in this Agreement. In particular, but
without limitation, You acknowledge that the Program and its accompanying documentation
constitute valuable intellectual property rights, including without limitation trade secrets and
copyrights, and confidential information of Dialogic. The Program and all programs developed
thereunder and all copies thereof (including without limitation translations, compilations, partial
copies with modifications and updated works) are proprietary to Dialogic and title to all
applicable copyrights, trade secrets, patents and other intellectual property rights therein
remains in Dialogic, its subsidiaries, and/or its suppliers. Except as expressly permitted in this
Agreement, You shall not sell, transfer, publish, disclose, display or otherwise make available
the Program or copies thereof to others. You agree to secure and protect the Program, its
accompanying documentation and copies thereof in a manner consistent with the maintenance
of Dialogic's rights therein and to take appropriate action by instruction or agreement with Your
employees and/or consultants who are permitted access to the Program to satisfy Your
obligations hereunder. Violation of any provision of this paragraph shall be the basis for
immediate termination of this Agreement. Because unauthorized use or transfer of the Program
or documentation may diminish substantially the value of such materials and irrevocably harm
Dialogic, if You breach the provisions of this Section of this Agreement, Dialogic shall be entitled
to injunctive and/or other equitable relief, in addition to other remedies afforded by law, to
prevent a breach of this Section of this Agreement.
Grant of License
Subject to the terms and conditions of this Agreement Dialogic grants to You a non-exclusive,
personal, non-transferable license to use the Program in object code form only and solely in
accordance with the following terms and conditions:
You may make, install and use only one (1) copy of the Program on a single-user computer, file
server, or on a workstation of a local area network, and only in conjunction with a legally
acquired Dialogic® hardware or software product You may also make one copy solely for backup
or archive purposes;
The primary Authorized User on the computer on which the Program is installed may make a
second copy for his/her exclusive use on either a home or portable computer;
• You may copy the Program into any machine readable or printed form for backup or
modification purposes in support of Your use of one copy of the Program;
• You may distribute the Program in object code only and only as part of, or integrated by You
into, a computer system that (i) contains a Dialogic hardware product, (ii) includes a
substantial amount of other software and/or hardware manufactured or marketed by You and
(iii) is marketed and sublicensed to an end user for the end user's own internal use in the
regular course of business (a "Licensed System");
• Each end user to whom a Licensed System is distributed must agree to license terms with
respect to the Program that are at least as protective of Dialogic's rights in the Program as
those set forth in this Agreement;
• You shall receive one (1) Program master disk, and shall be solely responsible for copying the
Program into the Licensed Systems and for warranting the physical media on which it is copied
• You may make one (1) copy of the documentation accompanying the Program, provided that
all copyright notices contained within the documentation are retained;
• You may modify the Program and/or merge it into another Program for Your use in one
computer; (any portion of this Program will continue to be subject to the terms and conditions
of this Agreement);
64-0308-09.fm Page 3 Monday, March 15, 2010 3:32 PM
