ix
E
XHIBIT
A: E
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ICENSE
A
GREEMENT
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ICENSE
A
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(EULA)
Except as otherwise provided in Section 2.1 above, the Customer shall not: (a) copy iS5Com
Materials for any purpose, except for the sole purpose of making an archival or back-up copy;
(b) modify, translate or adapt the iS5Com Materials, or create derivative works based upon all
or part of such iS5Com Materials; (c) assign, transfer, loan, lease, distribute, export, transmit,
or sublicense iS5Com Materials to any other party; (d) use iS5Com Materials for service bu
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reau, rent, timeshare or similar purposes; (e) decompile, disassemble, decrypt, extract, or oth
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erwise reverse engineer, as applicable, iS5Com Software or iS5Com Hardware; (f) use iS5Com
Materials in a manner that uses or discloses the Confidential Information of iS5Com or a third
party without the authorization of such person; (g) permit third parties to use iS5Com Materi
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als in any way that would constitute breach of this EULA; or (h) otherwise use iS5Com Materi
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als except as expressly authorized herein.
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2.3 Updates and Upgrades
The license granted hereunder shall apply to the latest version of iS5Com Materials provided
to the Customer as of the effective date of this EULA, and shall apply to any Updates and Up
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grades subsequently provided to the Customer by iS5Com pursuant to the terms of this EULA.
Customer shall only be provided with Updates and/or Upgrades if expressly set out in the Con
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tract.
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2.4 Versions
In the event any Update or Upgrade includes an amended version of this EULA, Customer will
be required to agree to such amended version in order to use the applicable iS5Com Materials
and such amended EULA shall be deemed to amend the previously effective version of the EU
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LA.
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2.5 Third Party Software
Customer shall comply with any Third Party License Terms.
3)
OWNERSHIP
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3.1 Intellectual Property
Notwithstanding any other provision of the Contract, iS5Com and the Customer agree that
iS5Com is and shall be the owner of all Intellectual Property Rights in iS5Com Materials and all
related modifications, enhancements, improvements and upgrades thereto, and that no pro
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prietary interests or title in or to the intellectual property in iS5Com Materials is transferred to
the Customer by this EULA. iS5Com reserves all rights not expressly granted to the Customer
under Section 2.1.
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3.2 Firmware
iS5Com and the Customer agree that any and all iS5Com Firmware in or forming a part of
iS5Com Hardware is being licensed and not sold, and that the words “purchase,” “sell” or sim
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ilar or derivative words are understood and agreed to mean “license,” and that the word “Cus
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tomer” as used herein are understood and agreed to mean “licensee,” in each case in
connection with iS5Com Firmware.
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3.3 Third Party Software
Certain of iS5Com Software provided by iS5Com may be Third Party Software owned by one or
more third parties and sublicensed to the Customer. Such third parties retain ownership of and
title to such Third Party Software, and may directly enforce the Customer’s obligations here
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under in order to protect their respective interests in such Third Party Software.
