Spirent Communications License Agreement
BY ACCESSING OR EXECUTING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE
TERMS OF THIS AGREEMENT.
Spirent Communications, Inc. (“Spirent”) and its licensors provide the software contained on the media
in the package and/or as part of the equipment supplied by Spirent and any modifications, enhancements
to and/or replacements of such Software supplied to you by Spirent including, without limitation,
firmware (collectively “Software”), together with the associated documentation (the “Documentation”)
and license their use on the terms and conditions set forth herein.
LICENSE
: Spirent grants you a a limited, nontransferable and nonexclusive license, without the right to
sublicense, to use the Software, in object code form only, and Documentation only for your internal use.
Spirent retains title and ownership rights of the Software and Documentation and no rights are granted to
you other than to use the Software and Documentation on the terms expressly set forth in this Agreement.
You acknowledge that the underlying structure, sequence, organization, and source code of the Software
are valuable trade secrets of Spirent and/or licensors and you agree as follows:
You, your employees, and/or agents are required to protect the confidentiality of the Software and
Documentation. You may not (i) distribute or otherwise make the Software and Documentation available
to any third party; (ii) use the Software or Documentation to provide services to third parties without the
prior written consent of Spirent; (iii) assign, sublicense, or transfer this license; (iv) decompile, reverse
engineer, modify, or copy the Software or Documentation for any purpose, except you may make one
copy of the Software supplied electronically or on disks and/or diskettes for backup purposes in support
of your use of the Software on a single controller; (v) remove or overprint any copyright, trademark, or
confidentiality notices appearing in the Software or Documentation; or (vi) use the Software on a
timesharing or service bureau basis. You agree to reproduce all copyright, trademark, or confidentiality
notices on the backup copies of the Software.
Software applications are licensed to specific serial number controllers or modules. Upgrade versions of
the Software may be used only on controllers or modules, by serial number, for which the original
Software was purchased.
TERM
: This license is effective until terminated as set forth herein. You may terminate this license at
any time by deleting the Software from your computer libraries and archives and returning all copies of
the Software and Documentation, including backup copies, to Spirent.
LIMITED WARRANTY
: During the first ninety (90) days after delivery of the Software to you (the
“Warranty Period”), as evidenced by a copy of your invoice or proof of purchase, Spirent warrants that
the Software will perform substantially in accordance with the Documentation and that the media on
which the Software is furnished will be free from defects in materials and workmanship under normal
use. Spirent does not warrant that the functions contained in the Software will meet a specific
requirement or that the operation will be uninterrupted or error free.
EXCEPT AS PROVIDED HEREIN, THE SOFTWARE AND DOCUMENTATION ARE PROVIDED
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT
ALLOW THE EXCLUSIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY
NOT APPLY TO YOU.
LIMITATION OF LIABILITY
: Spirent’s and its licensors’ entire liability under this Agreement is to
use commercially reasonable efforts to correct any failure of the Software, of which it is given written
notice by you during the Warranty Period, to perform substantially in accordance with the
Documentation, provided such failure can be recreated by Spirent. Spirent shall replace media not
meeting Spirent’s Limited Warranty and which is returned to Spirent with a copy of your proof of
purchase. If Spirent is unable to correct such failure, or unable to deliver replacement media which is free
from defects in materials or workmanship, you may terminate this Agreement in accordance with the
section entitled “Term” above and the license fee paid by you will be refunded.
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