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The terms and conditions of this License Agreement (the “Agreement”) will apply to the
software and/or firmware (individually or collectively the “Software”) incorporated into
the Paradyne product (the “Product”) purchased by you and any derivatives obtained
from the 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.
