1. Definitions
In this document, the following terms have specified meanings:
“Products” means all equipment manufactured by Larscom, includ-
ing hardware components, firmware, software, and documenta-
tion, plus any enhancements, revisions, updates, or additions to said
hardware, firmware, software, or documentation.
“Hardware” means any mechanical and/or electrical equipment
or device manufactured by Larscom.
“Firmware” means the programmable read-only memory
(PROM) embedded in Larscom-manufactured hardware.
“Software” means the object code representation of certain com-
puter programs contained on magnetic media for use in conjunc-
tion with Larscom Products.
“OEM Products” means all equipment manufactured by original
equipment manufacturers other than Larscom, and may include hard-
ware components, firmware, software, and documentation, sold or
distributed in conjunction with Larscom Products.
2. Grant of Software/Firmware License
Larscom Incorporated grants to you a non-assignable, non-exclu-
sive license to use any enclosed Firmware and/or Software (here-
inafter referred to as “Licensed Materials”) as follows:
(a) Licensed Materials may be used only in conjunction
with the Products.
(b) Licensed Materials may be copied into any machine-
readable or printed form for backup or archival pur-
poses to support your use of the Products.
(c) Licensed Materials and license may be transferred to
another party, but only when transferred with Products
in which the Licensed Materials are used, and only if
the other party agrees to accept the terms and condi-
tions of this Agreement.
You may not use, copy, or modify Licensed Materials, in whole
or in part, except as expressly provided in this Agreement.
3. Term of License
This Agreement is in effect from the date on which you remove
the Products from the package(s) and/or in any way use the
Products and/or Licensed Materials. You may terminate this
Agreement at any time by destroying the Licensed Materials,
together with all copies, modifications, and merged portions in
any form. Failure to comply with any term or condition of this
Agreement will also terminate the Agreement.
4. Applicable Law
This Agreement is to be governed by and construed in accord-
ance with the laws of the State of California. If any provision or
portion of a provision of this Agreement is determined to be
invalid under any applicable law, it shall be deemed omitted and
the remaining provisions and partial provisions of this Agree-
ment shall continue in full force and effect.
5. Ownership of Licensed Materials
Licensed Materials remain the sole and exclusive property of
Larscom Incorporated. By removing the Products from the
package(s) and/or in any way using the Products and/or Licensed
Materials, you do not become the owner of the Licensed Materi-
als, but are only entitled to use them according to the terms of
this Agreement. You agree to use your best efforts and take all
reasonable steps to safeguard the Licensed Materials to ensure that
no unauthorized person shall have access to them and that no
unauthorized copy, publication, disclosure, or distribution, in
whole or in part, in any form shall be made. You acknowledge that
the Licensed Materials contain valuable confidential information
and trade secrets and that unauthorized use and/or copying could
result in harm to Larscom.
6. Limited Warranty
Larscom warrants that its products, at the time of shipment, are
free from defects in materials and workmanship and perform in
accordance with the applicable data sheet or agreed-upon speci-
fications when operated within the temperature and all other
operating conditions limitations set forth therein under normal
use for a period of three years from date of shipment from
Larscom. Any OEM Products will be warranted in accordance
with the terms and for the periods specified in the manufacturers’
warranties which accompany the OEM Products. Buyer acknow-
ledges that it will instruct users and installers in the proper
methods and procedures as disclosed in the accompanying docu-
mentation, including safety procedures and warning notices, and
in accordance with accepted industry standards and practice.
The Limited Warranty is void if failure of the Licensed Materials
or hardware has resulted from accident, abuse, misapplication,
or act of God, or if the Product has been repaired or altered by
someone other than Larscom.
The liability of Larscom hereunder is solely and exclusively
limited to replacement, repair, or credit at the purchase price at
Larscom’s option for any product which is returned by Buyer
during the applicable warranty period. Any replaced Hardware
manufactured by Larscom will be warranted for the remainder
of the original warranty period or 90 days, whichever is longer.
For OEM Products, Larscom assumes no responsibility for prod-
uct warranties, and will have no liability for any remedies.
EXCEPT FOR THE WARRANTY OF TITLE, LARSCOM
MAKES NO OTHER WARRANTIES EXPRESS, IMPLIED, OR
STATUTORY, INCLUDING BUT NOT LIMITED TO ANY
IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE.
Limited Warranty & License Agreement
Copyright 1996