Avaya B109 User Manual page 3

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as "you" and "end user"), agree to the terms of use. If you are accepting the terms of use on behalf
a company or other legal entity, you represent that you have the authority to bind such entity to
these terms of use. If you do not have such authority, or if you do not wish to accept these terms of
use, you must not access or use the hosted service or authorize anyone to access or use the hosted
service.
Licenses
The software license terms available on the Avaya website, https://support.avaya.com/licenseinfo,
under the link "Avaya software license terms (Avaya products)" or such successor site as designated
by Avaya, are applicable to anyone who downloads, uses and/or installs Avaya software, purchased
from Avaya Inc., any Avaya affiliate, or an Avaya channel partner (as applicable) under a commercial
agreement with Avaya or an Avaya channel partner. Unless otherwise agreed to by Avaya in writing,
Avaya does not extend this license if the software was obtained from anyone other than Avaya, an
Avaya affiliate or an Avaya channel partner; Avaya reserves the right to take legal action against you
and anyone else using or selling the software without a license. By installing, downloading or using
the software, or authorizing others to do so, you, on behalf of yourself and the entity for whom you
are installing, downloading or using the software (hereinafter referred to interchangeably as "you"
and "end user"), agree to these terms and conditions and create a binding contract between you and
Avaya Inc. or the applicable Avaya affiliate ("Avaya").
Avaya grants You a license within the scope of the license types described below, with the exception
of Heritage Nortel Software, for which the scope of the license is detailed below. Where the order
documentation does not expressly identify a license type, the applicable license will be a Designated
System License as set forth below in the Designated System(s) License (DS) section as applicable.
The applicable number of licenses and units of capacity for which the license is granted will be one
(1), unless a different number of licenses or units of capacity is specified in the documentation or
other materials available to You. "Software" means computer programs in object code, provided
by Avaya or an Avaya Channel Partner, whether as stand-alone products, pre-installed on hardware
products, and any upgrades, updates, patches, bug fixes, or modified versions thereto. "Designated
Processor" means a single stand-alone computing device. "Server" means a set of Designated
Processors that hosts (physically or virtually) a software application to be accessed by multiple users.
"Instance" means a single copy of the Software executing at a particular time: (i) on one physical
machine; or (ii) on one deployed software virtual machine ("VM") or similar deployment.
License types
Designated System(s) License (DS). End User may install and use each copy or an Instance of the
Software only: 1) on a number of Designated Processors up to the number indicated in the order;
or 2) up to the number of Instances of the Software as indicated in the order, Documentation, or as
authorized by Avaya in writing. Avaya may require the Designated Processor(s) to be identified in the
order by type, serial number, feature key, Instance, location or other specific designation, or to be
provided by End User to Avaya through electronic means established by Avaya specifically for this
purpose.
Shrinkwrap License (SR). You may install and use the Software in accordance with the terms and
conditions of the applicable license agreements, such as "shrinkwrap" or "clickthrough" license
accompanying or applicable to the Software ("Shrinkwrap License").
Heritage Nortel Software
"Heritage Nortel Software" means the software that was acquired by Avaya as part of its purchase
of the Nortel Enterprise Solutions Business in December 2009. The Heritage Nortel Software is the
software contained within the list of Heritage Nortel Products located at https://support.avaya.com/
3

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