2
March
2005
BSX8-A2-GZ40-10
Software, including any copy of either. If you have executed a separate written agreement
covering the Software supplied to you under this purchase, such separate written
agreement shall govern.
Paradyne Corporation (“Paradyne”) grants to you, and you (“Licensee”) agree to accept a
personal, non-transferable, non-exclusive, right (without the right to sublicense) to use the
Software, solely as it is intended and solely as incorporated in the Product purchased from
Paradyne or its authorized distributor or reseller under the following terms and conditions:
1. Ownership: The Software is the sole property of Paradyne and/or its licensors. The
Licensee acquires no title, right or interest in the Software other than the license
granted under this Agreement.
2. Licensee shall not use the Software in any country other than the country in which the
Product was rightfully purchased except upon prior written notice to Paradyne and an
agreement in writing to additional terms.
3. The Licensee shall not reverse engineer, decompile or disassemble the Software in
whole or in part.
4. The Licensee shall not copy the Software except for a single archival copy.
5. Except for the Product warranty contained in the manual, the Software is provided “AS
IS” and in its present state and condition and Paradyne makes no other warranty
whatsoever with respect to the Product purchased by you. THIS AGREEMENT
EXPRESSLY EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS OR
IMPLIED, OR ORAL OR WRITTEN, INCLUDING WITHOUT LIMITATION:
a.
Any warranty that the Software is error-free, will operate uninterrupted in your
operating environment, or is compatible with any equipment or software
configurations; and
b.
ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Some states or other jurisdictions do not allow the exclusion of implied warranties on
limitations on how long an implied warranty lasts, so the above limitations may not
apply to you. This warranty gives you specific legal rights, and you may also have other
rights which vary from one state or jurisdiction to another.
6. In no event will Paradyne be liable to Licensee for any consequential, incidental,
punitive or special damages, including any lost profits or lost savings, loss of business
information or business interruption or other pecuniary loss arising out of the use or
inability to use the Software, whether based on contract, tort, warranty or other legal or
equitable grounds, even if Paradyne has been advised of the possibility of such
damages, or for any claim by any third party.
7. The rights granted under this Agreement may not be assigned, sublicensed or
otherwise transferred by the Licensee to any third party without the prior written
consent of Paradyne.
8. This Agreement and the license granted under this Agreement shall be terminated in
the event of breach by the Licensee of any provisions of this Agreement.
9. Upon such termination, the Licensee shall refrain from any further use of the Software
and destroy the original and all copies of the Software in the possession of Licensee
together with all documentation and related materials.
This Agreement shall be governed by the laws of the State of Florida, without regard to its
provisions concerning conflicts of laws.