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E
XHIBIT
A: E
ND
U
SER
L
ICENSE
A
GREEMENT
E
ND
U
SER
L
ICENSE
A
GREEMENT
(EULA)
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“
iS5Com Software
” means Software supplied by or on behalf of iS5Com under the Contract.
For greater certainty, iS5Com Software shall include all operating Software for iS5Com Hard
-
ware, and iS5Com Firmware.
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“
Documentation
” means written instructions and manuals of a technical nature.
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“
EULA
” means this End User License Agreement.
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“
Hardware
” means hardware, mainframes, personal computers, servers, client/server
stations, network equipment, routers, semi-conductor chips, communication lines and other
equipment.
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“
Intellectual Property Rights
” means any and all proprietary rights provided under: (i) patent
law; (ii) copyright law (including moral rights); (iii) trade-mark law; (iv) design patent or indus
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trial design law; (v) semi-conductor chip or mask work law; or (vi) any other statutory provi
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sion or common law principle applicable to this EULA, including trade secret law, which may
provide a right in either Hardware, Software, Documentation, Confidential Information,
ideas, formulae, algorithms, concepts, inventions, processes or know-how generally, or the
expression or use of such Hardware, Software, Documentation, Confidential Information,
ideas, formulae, algorithms, concepts, inventions, processes or know-how trade secret law;
any and all applications, registrations, licenses, sub-licenses, franchises, agreements or any
other evidence of a right in any of the foregoing; and all licenses and waivers and benefits of
waivers of the intellectual property rights set out herein, all future income and proceeds from
the intellectual property rights set out herein, and all rights to damages and profits by reason
of the infringement of any of the intellectual property rights set out herein.
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“
Software
” means scripts, programs, macros, computer programs, application programming
and other interfaces, tools and other instructions and sets of instructions for hardware to
follow, including SQL and other query languages, hypertext markup language (“html”) and
other computer mark-up languages.
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“
Third Party License Terms
” means additional terms and conditions that are applicable to
Third Party Software.
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“
Third Party Software
” means Software owned by any third party, licensed to iS5Com and
sublicensed to the Customer.
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“
Update
” means a supplemented or revised version of iS5Com Software which rectifies bugs
or makes minor changes or additions to the functionality of iS5Com Software and is desig
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nated by iS5Com as a higher release number from, for example, 6.06 to 6.07 or 6.1 to 6.2.
2)
LICENSE
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2.1 License Grant
The iS5Com hereby grants to the Customer, subject to any Third Party License Terms, a non-ex
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clusive, non-transferable, non-sublicensable right and licence to use iS5Com Materials solely
in object code format, solely for the Customer’s own business purposes, solely in accordance
with this EULA (including, for greater certainty, subject to Section 6.1 of this EULA) and the ap
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plicable iS5Com Documentation, and, in the case of iS5Com Firmware, solely on iS5Com Hard
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ware on which iS5Com Firmware was installed, provided that Customer may only install
iS5Com Software on such number of nodes expressly set out in the Contract.
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2.2 License Restrictions