Software License - Nortel BCM200 Installation And Maintenance Manual

SOFTWARE LICENSE

NORTEL NETWORKS INC. ("NORTEL NETWORKS") TELECOMMUNICATION PRODUCTS
THIS LEGAL DOCUMENT IS A LICENSE AGREEMENT ("License") BETWEEN YOU, THE END-USER
("CUSTOMER") AND NORTEL NETWORKS. PLEASE READ THIS LICENSE CAREFULLY BEFORE USING
THE SOFTWARE. BY USING THIS SOFTWARE, YOU, THE CUSTOMER, ARE AGREEING TO BE BOUND BY
THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, RETURN THE
UNUSED SOFTWARE AND THE ASSOCIATED DOCUMENTATION TO NORTEL NETWORKS THROUGH A
NORTEL NETWORKS AUTHORIZED DISTRIBUTOR WITHIN FIVE (5) DAYS OF YOUR ACQUISITION OF
THE SOFTWARE FOR A REFUND.
Subject to the terms hereinafter set forth, NORTEL NETWORKS grants
to CUSTOMER and/or its representatives, with a "need to know," a
personal, non-exclusive license (1) to use the licensed software,
proprietary to NORTEL NETWORKS or its suppliers and (2) to use the
associated documentation. CUSTOMER is granted no title or ownership
rights, in or to the licensed software, in whole or in part, and CUSTOMER
acknowledges that title to and all copyrights, patents, trade secrets and/or
any other intellectual property rights to and in all such licensed software
and associated documentation are and shall remain the property of
NORTEL NETWORKS and/or NORTEL NETWORKS' suppliers. The
right to use licensed software may be restricted by a measure of usage of
applications based upon number of lines, number of ports, number of
terminal numbers assigned, number of users, or some similar measure.
Expansion beyond the specified usage level may require payment of an
incremental charge or another license fee.
NORTEL NETWORKS considers the licensed software to contain "trade
secrets" of NORTEL NETWORKS and/or its suppliers. Such "trade
secrets" include, without limitation thereto, the specific design, structure
and logic of individual licensed software programs, their interactions with
other portions of licensed software, both internal and external, and the
programming techniques employed therein. In order to maintain the "trade
secret" status of the information contained within the licensed software,
the licensed software is being delivered to CUSTOMER in object code
form only.
NORTEL NETWORKS or any of its suppliers holding any intellectual
property rights in any licensed software, and/or any third party owning
any intellectual property rights in software from which the licensed
software was derived, are intended third party beneficiaries of the License.
All grants of rights to use intellectual property intended to be
accomplished by this License are explicitly stated. No other grants of such
rights shall be inferred or shall arise by implication.
CUSTOMER warrants to NORTEL NETWORKS that CUSTOMER is
not purchasing the rights granted by this License in anticipation of
reselling those rights.
CUSTOMER shall:
• Hold the licensed software in confidence for the benefit of NORTEL
NETWORKS and/or NORTEL NETWORKS' suppliers using no
less a degree of care than it uses to protect its own most confidential
and valuable information; and
• Keep a current record of the location of each copy of licensed
software made by it; and
• Install and use each copy of licensed software only on a single CPU
at a time (for this purpose, single CPU shall include systems with
redundant processing units); and
• Affix to each copy of licensed software made by it, in the same form
and location, a reproduction of the copyright notices, trademarks, and
all other proprietary legends and/or logos of NORTEL NETWORKS
and/or NORTEL NETWORKS' suppliers, appearing on the original
copy of such licensed software delivered to CUSTOMER; and retain
the same without alteration on all original copies; and
• Issue instructions to each of its authorized employees, agents and/or
representatives to whom licensed software is disclosed, advising
them of the confidential nature of such licensed software and to
provide them with a summary of the requirements of this License; and
• Return the licensed software and all copies through an Authorized
Distributor to NORTEL NETWORKS at such time as the
CUSTOMER chooses to permanently cease using it.
CUSTOMER shall not:
• Use licensed software (i) for any purpose other than CUSTOMER's
own internal business purposes and (ii) other than as provided by this
License; or
• Allow anyone other than CUSTOMER's employees, agents and/or
representatives with a "need to know" to have physical access to
licensed software; or
• Make any copies of licensed software except such limited number of
object code copies in machine readable form only, as may be
reasonably necessary for execution or archival purposes only; or
• Make any modifications, enhancements, adaptations, or translations
to or of licensed software, except as may result from those
CUSTOMER interactions with the licensed software associated with
normal use and explained in the associated documentation; or
• Attempt to reverse engineer, disassemble, reverse translate,
decompile, or in any other manner decode licensed software, in order
to derive the source code form or for any other reason; or
• Make full or partial copies of any documentation or other similar
printed or machine-readable matter provided with licensed software
unless the same has been supplied in a form by NORTEL
NETWORKS intended for periodic reproduction of partial copies; or
• Export or re-export
documentation by downloading or otherwise from the fifty states of
the United States and the District of Columbia.
PLEASE REFER TO THE NEXT PAGE
BCM200/400 4.0 Installation and Maintenance Guide
licensed software and/or associated
3