Avaya 1408 Manual page 3

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indicated on the order, Documentation, or as authorized by Avaya in
writing with a default of one (1) Cluster if not stated.
Enterprise License (EN). End User may install and use each copy
or an Instance of the Software only for enterprise-wide use of an
unlimited number of Instances of the Software as indicated on the
order, Documentation, or as authorized by Avaya in writing.
Named User License (NU). End User may: (i) install and use
each copy or Instance of the Software on a single Designated
Processor or Server per authorized Named User (defined below);
or (ii) install and use each copy or Instance of the Software on
a Server so long as only authorized Named Users access and
use the Software as indicated in the order, Documentation, or as
authorized by Avaya in writing. "Named User", means a user or
device that has been expressly authorized by Avaya to access and
use the Software. At Avaya's sole discretion, a "Named User" may
be, without limitation, designated by name, corporate function (e.g.,
webmaster or helpdesk), an e-mail or voice mail account in the
name of a person or corporate function, or a directory entry in the
administrative database utilized by the Software that permits one
user to interface with the Software.
Shrinkwrap License (SR). End User 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")
as indicated in the order, Documentation, or as authorized by Avaya
in writing.
Transaction License (TR). End User may use the Software up to the
number of Transactions as specified during a specified time period
and as indicated in the order, Documentation, or as authorized by
Avaya in writing. A "Transaction" means the unit by which Avaya,
at its sole discretion, bases the pricing of its licensing and can
be, without limitation, measured by the usage, access, interaction
(between client/server or customer/organization), or operation of the
Software within a specified time period (e.g. per hour, per day, per
month). Some examples of Transactions include but are not limited
to each greeting played/message waiting enabled, each personalized
promotion (in any channel), each callback operation, each live agent
or web chat session, each call routed or redirected (in any channel).
End User may not exceed the number of Transactions without
Avaya's prior consent and payment of an additional fee.
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/LicenseInfo
Nortel Products" or such successor site as designated by Avaya.
For Heritage Nortel Software, Avaya grants Customer a license to
use Heritage Nortel Software provided hereunder solely to the extent
of the authorized activation or authorized usage level, solely for the
purpose specified in the Documentation, and solely as embedded
in, for execution on, or for communication with Avaya equipment.
Charges for Heritage Nortel Software may be based on extent of
activation or use authorized as specified in an order or invoice.
Copyright
Except where expressly stated otherwise, no use should be made
of materials on this site, the Documentation, Software, Hosted
Service, or hardware provided by Avaya. All content on this site, the
documentation, Hosted Service, and the product provided by Avaya
including the selection, arrangement and design of the content is
owned either by Avaya or its licensors and is protected by copyright
and other intellectual property laws including the sui generis rights
relating to the protection of databases. You may not modify, copy,
reproduce, republish, upload, post, transmit or distribute in any way
any content, in whole or in part, including any code and software
unless expressly authorized by Avaya. Unauthorized reproduction,
transmission, dissemination, storage, and or use without the express
written consent of Avaya can be a criminal, as well as a civil offense
under the applicable law.
Virtualization
The following applies if the product is deployed on a virtual machine.
Each product has its own ordering code and license types. Unless
otherwise stated, each Instance of a product must be separately
under the link "Heritage
licensed and ordered. For example, if the end user customer or
Avaya Channel Partner would like to install two Instances of the
same type of products, then two products of that type must be
ordered.
Third Party Components
"Third Party Components" mean certain software programs or
portions thereof included in the Software or Hosted Service may
contain software (including open source software) distributed under
third party agreements ("Third Party Components"), which contain
terms regarding the rights to use certain portions of the Software
("Third Party Terms"). As required, information regarding distributed
Linux OS source code (for those products that have distributed Linux
OS source code) and identifying the copyright holders of the Third
Party Components and the Third Party Terms that apply is available
in the products, Documentation or on Avaya's website at:
support.avaya.com/Copyright
by Avaya. The open source software license terms provided as
Third Party Terms are consistent with the license rights granted in
these Software License Terms, and may contain additional rights
benefiting You, such as modification and distribution of the open
source software. The Third Party Terms shall take precedence over
these Software License Terms, solely with respect to the applicable
Third Party Components to the extent that these Software License
Terms impose greater restrictions on You than the applicable Third
Party Terms.
The following applies only if the H.264 (AVC) codec is distributed
with the product. THIS PRODUCT IS LICENSED UNDER THE AVC
PATENT PORTFOLIO LICENSE FOR THE PERSONAL USE OF A
CONSUMER OR OTHER USES IN WHICH IT DOES NOT RECEIVE
REMUNERATION TO (i) ENCODE VIDEO IN COMPLIANCE WITH
THE AVC STANDARD ("AVC VIDEO") AND/OR (ii) DECODE AVC
VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A
PERSONAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO
PROVIDER LICENSED TO PROVIDE AVC VIDEO. NO LICENSE
IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE.
ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA,
L.L.C. SEE HTTP://WWW.MPEGLA.COM.
Service Provider
THE FOLLOWING APPLIES TO AVAYA CHANNEL PARTNER'S
HOSTING OF AVAYA PRODUCTS OR SERVICES. THE PRODUCT
OR HOSTED SERVICE MAY USE THIRD PARTY COMPONENTS
SUBJECT TO THIRD PARTY TERMS AND REQUIRE A
SERVICE PROVIDER TO BE INDEPENDENTLY LICENSED
DIRECTLY FROM THE THIRD PARTY SUPPLIER. AN AVAYA
CHANNEL PARTNER'S HOSTING OF AVAYA PRODUCTS MUST
BE AUTHORIZED IN WRITING BY AVAYA AND IF THOSE
HOSTED PRODUCTS USE OR EMBED CERTAIN THIRD PARTY
SOFTWARE, INCLUDING BUT NOT LIMITED TO MICROSOFT
SOFTWARE OR CODECS, THE AVAYA CHANNEL PARTNER
IS REQUIRED TO INDEPENDENTLY OBTAIN ANY APPLICABLE
LICENSE AGREEMENTS, AT THE AVAYA CHANNEL PARTNER'S
EXPENSE, DIRECTLY FROM THE APPLICABLE THIRD PARTY
SUPPLIER.
WITH RESPECT TO CODECS, IF THE AVAYA CHANNEL
PARTNER IS HOSTING ANY PRODUCTS THAT USE OR
EMBED THE H.264 CODEC OR H.265 CODEC, THE AVAYA
CHANNEL PARTNER ACKNOWLEDGES AND AGREES THE
AVAYA CHANNEL PARTNER IS RESPONSIBLE FOR ANY AND
ALL RELATED FEES AND/OR ROYALTIES. THE H.264 (AVC)
CODEC IS LICENSED UNDER THE AVC PATENT PORTFOLIO
LICENSE FOR THE PERSONAL USE OF A CONSUMER
OR OTHER USES IN WHICH IT DOES NOT RECEIVE
REMUNERATION TO: (I) ENCODE VIDEO IN COMPLIANCE WITH
THE AVC STANDARD ("AVC VIDEO") AND/OR (II) DECODE AVC
VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A
PERSONAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO
PROVIDER LICENSED TO PROVIDE AVC VIDEO. NO LICENSE
IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE.
ADDITIONAL INFORMATION FOR H.264 (AVC) AND H.265 (HEVC)
CODECS MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE
WWW.MPEGLA.COM.
Compliance with Laws
You acknowledge and agree that it is Your responsibility for
complying with any applicable laws and regulations, including, but not
https://
or such successor site as designated
HTTP://

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