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8965, 8968, 8975, and 8985 Access Cards
8900-A2-ZZ40-50
User installs the Software ("System") solely for internal business purposes
(including, without limitation, providing products and services to User's
customers) and subject to the restrictions below). Zhone may, in its sole
discretion, make available future updates or upgrades to the Software each of
which is also Software subject hereto. Title to and all patent rights, copyrights
and other intellectual property rights in the Software are retained by Zhone
and its direct and indirect suppliers and licensors ("Licensors").
Restrictions. The Software may not be (a) Used on or from any system other
than the System; (b) Used with more than any maximum number of
subscribers stated in the documentation accompanying the Software; (c) Used
so as to circumvent any technological measure included therein or provided
by Zhone from time to time to control access to or limit use of the Software;
(d) sublicensed, rented, leased or lent to third parties; (e) imported or exported
into any jurisdiction except in compliance with all applicable laws of the
United States and such jurisdiction; (f) transferred to a third party unless (A)
User transfers the original and all surviving copies to a third party who has
agreed in writing to be bound hereby and (B) such third party pays to Zhone
such reasonable additional fee as Zhone may impose from time to time with
respect to such transfer; or (g) made available to third parties as part of any
time-sharing or service bureau arrangement. User shall not have the right to
use the Software or any portion thereof for a use other than that contemplated
by its documentation. User will not copy all or any part of the Software or
attempt, or encourage or permit any third party, to modify, adapt, make
derivative works from, reverse engineer, reverse compile, disassemble or
decompile the Software or any portion thereof except and only to the extent
that such activity is expressly permitted by law notwithstanding this
limitation. Violation of any of the foregoing shall be deemed a material breach
hereof. User may make a reasonable number of copies solely for archival or
disaster recovery and subject to the restrictions imposed by copyright law, but
may not modify or otherwise copy the Software. User agrees to reproduce
product identification, copyright and other proprietary notices of Zhone and
Licensors on all copies. User's rights are only as expressly stated herein.
Zhone may immediately terminate your rights if you violate the provisions
hereof.
Limited Warranty. Zhone warrants that the media containing the Software is
free from defects in material and workmanship for ninety (90) days following
your purchase of the Software. You may provide written notice of such defect
(addressed to Zhone Technologies, Inc., Attention: Customer Service, 7001
Oakport Street @ Zhone Way, Oakland, CA 94621) no later than ten (10) days
following expiration of such period and, as your sole and exclusive remedy,
Zhone will provide replacement media. NEITHER ZHONE NOR ITS
LICENSORS MAKE ANY OTHER WARRANTY, EXPRESS, IMPLIED
OR STATUTORY. ZHONE AND ITS LICENSORS DISCLAIM ALL
WARRANTIES OF FITNESS FOR PARTICULAR PURPOSE,
MERCHANTABILITY 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.