Toshiba IDM5060, Руководство по установке

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Mitel Networks Corporation - 2 - 2017 v1
Strata CIX, IPedge, VIPedge, ACD, UCedge, Call Manager, IPMobility
Software EULA
22AUG2017
2.2 Use of the Software may be subject to the issuance of a
Software License Key, which will be conveyed to You upon
payment of the applicable license fees for the Software or
accompanying software, including any extensions thereof. If You
choose not to purchase or accept the Software License Key from
Mitel, Mitel cannot ensure the Software, accompanying
software, and/or system configuration will operate as intended.
2.3 Except as expressly permitted in this Agreement, and/or to the
extent that Mitel is not legally able to restrict You under the
applicable law or third party license and then with notice to
Mitel, You will not Yourself or allow anyone else to: (a)
disassemble, reverse engineer, decompile or otherwise attempt
to discover the source code or structural framework of the
Software; (b) translate, modify, or create any derivative work of
the Software or Documentation; (c) disclose, publish,
sublicense, lend, rent, or lease the Software or Documentation;
(d) copy the Software onto any public or distributed network;
(e) use the Software to operate in or as a time-sharing,
outsourcing, service bureau, application service provider or
managed service provider environment; (f) copy or reproduce
the Software or Documentation; or (g) dispose of the Software
by any means whatsoever such that You are no longer directly
using the Software, unless such disposal is expressly granted in
writing my Mitel or by law and is subject to this Agreement or
the then-current terms as provided by Mitel. Any violation of
this Section results in immediate termination of license and will
constitute an immediate cause of action under all applicable
claims for Mitel and any entity affected.
2.4 This license will terminate automatically: (a) if You use or permit
the use of the Software or Documentation in any manner not
permitted by this Agreement; (b) if a bankruptcy or insolvency
proceeding is filed by or against You; (c) if You make an
assignment for the benefit of creditors; (d) an event or
proceeding analogous to those set out at paragraphs (b) and (c)
above occurs or takes place in any jurisdiction; (e) payment of
license fees, including any agreed-upon reoccurring fees, are not
timely paid; or (f) if for cloud/hosted applications and/or
services, upon expiration of the time-based term. Upon
termination, You will immediately, as directed by Mitel, either
return the Software and Documentation and all copies You have
made, including without limitation modifications and merged
portions in any form, to Mitel or destroy all copies of the
Software and Documentation and certify such destruction in
writing to Mitel.
3.0 Proprietary Rights
3.1 The Software and Documentation comprises valuable patent,
copyright, trade secret, trademark, mask work and other
proprietary rights of Mitel and its suppliers. Mitel and its
suppliers reserve all such rights. No title to or ownership of the
Software or Documentation or any right therein other than
expressly set out herein is transferred to You. You will not
infringe any proprietary right of Mitel or its suppliers and will
take appropriate steps for the protection of such rights. You will
not remove, obscure or alter any notice of patent, copyright,
mask work, trademark, trade secret or other proprietary rights
relating to or appearing anywhere on any of the Software or
Documentation, irrespective of whether any of the foregoing is
registered or unregistered. You must reproduce all copyright
notices on any copy of the Software and Documentation. The
Software and Documentation is copyrighted by Mitel Networks
Corporation or reprinted with authorization from third parties
including Toshiba, 2007-2017; All rights reserved and any such
rights in copyrighted material rests with the owner. You shall
hold the Software and Documentation in confidence and
protect them from disclosure to persons other than your
employees to whom disclosure is required on a "need to know
basis". Your confidentiality obligations do not extend to any
information relating to the Software or Documentation which is
now available to the general public or becomes so available by
reason of any acts or omissions not attributable to You.
4.0 Open Source Software
4.1 Open Source Software is free software. You can redistribute it
and/or modify it under the terms of the applicable GNU General
Public License as published by the Free Software Foundation
(either version 2 of the license, or (at Your option) any later
version) or, if the Open Source Software is distributed under the
terms of an open source license other than the GNU General
Public License, You can redistribute it and/or modify it under the
terms of the respective open source license.
4.2 Open Source Software that is subject to the GNU General Public
License is distributed free of charge to You in the hope that it
will be useful but WITHOUT ANY WARRANTY (EXPRESS OR
IMPLIED); without even the implied warranty of
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.
You should have received a copy of the GNU General Public
License along with the Open Source Software; if not, see http://
www.gnu.org/licenses/.
4.3 This Software may include Open Source Software. If You would
like a copy of the Open Source Software in this Software, Mitel
will provide this to You upon written request to
gplrequest@mitel.com or legal@mitel.com.
5.0 Intellectual Property Rights Indemnification
5.1 Subject to Section 5.2 and 5.3 of this Agreement, in the event of
a third party claim or action filed against You based solely on
Your use of the Software and/or Documentation in strict
adherence to the terms of this Agreement, to the extent that it
based on a claim that the Software infringes a valid United
States, Canadian or European intellectual property right, Mitel
may at its sole option and without further obligation to You
either (a) obtain the right for You to continue using the Software
and/or Documentation, (b) replace or modify the Software and/
or Documentation so that it becomes non-infringing, or (c) if
such remedies are not reasonably available, to require return of
the Software and/or Documentation including all copies thereof
and provide a prorated refund of the price You paid for the
Software on the basis of the price of the Software depreciating
to zero over three years on a straight-line basis. You agree to
indemnify and defend Mitel against any claim or action filed
against Mitel to the extent that it is based on a claim that Your
design, integration, specification, instruction, combination,
connection, operation, or particular use infringes a valid U.S.,
Canadian, or European intellectual property right.
5.2 Notwithstanding anything to the contrary contained in the
Agreement, including Section 5.1 above, neither Mitel (which
for purposes of this Section 5.2 includes its affiliates, subsidiaries
and related companies, and their respective officers, directors,
employees and agents) nor any of its suppliers makes any