Avaya D100 Installing And Administering page 82

Legal
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 on a number of Designated Processors up to the number indicated in the order.
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.
Concurrent User License (CU). End User may install and use the Software on multiple Designated
Processors or one or more Servers, so long as only the licensed number of Units are accessing and
using the Software at any given time. A "Unit" means the unit on which Avaya, at its sole discretion,
bases the pricing of its licenses and can be, without limitation, an agent, port or user, an e-mail or
voice mail account in the name of a person or corporate function (e.g., webmaster or helpdesk), or a
directory entry in the administrative database utilized by the Software that permits one user to
interface with the Software. Units may be linked to a specific, identified Server or an Instance of the
Software.
Database License (DL). End User may install and use each copy or an Instance of the Software on
one Server or on multiple Servers provided that each of the Servers on which the Software is
installed communicates with no more than one Instance of the same database.
CPU License (CP). End User may install and use each copy or Instance of the Software on a
number of Servers up to the number indicated in the order provided that the performance capacity of
the Server(s) does not exceed the performance capacity specified for the Software. End User may
not re-install or operate the Software on Server(s) with a larger performance capacity without
Avaya's prior consent and payment of an upgrade fee.
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