Toshiba Strata IPT User Manual page 4

STRATA IPT/DKT FEATUREPHONE USER GUIDE
LICENSE AGREEMENT
Toshiba Information Systems (UK) Limited acting through its Business Communications Division ("TIU") - License
Agreement. IMPORTANT: This License Agreement ("Agreement") is a legal agreement between the customer ("You")
and TIU in respect of any switches, processors or other telecommunication products made available by TIU from time
to time each of which is a "Product" for the purposes of this Agreement. Carefully read this Agreement. Use of any
software or any related information (collectively, "Software") installed on or shipped with a Product or otherwise made
available to you by TIU in whatever form or media, will constitute your acceptance of the terms of this Agreement,
unless separate terms are provided by the Software supplier. If you do not agree to the terms of this Agreement, do
not install, copy or use the Software and promptly return it to the location from which you obtained it in accordance with
applicable return policies provided with the Software. Except as otherwise authorized in writing by TIU, the Software is
licensed for distribution only to end-users pursuant to this Agreement.
1. License Grant. The Software is not sold; it is licensed upon payment of applicable charges. TIU hereby grants You
a personal, non-transferable and non-exclusive right to use the copy of the Software provided under this Agreement.
You agree You will not copy the Software except as necessary to use it on one Product at a time at one location. Any
such copy shall in all respects be subject to the terms and conditions of this Agreement and shall be deemed to form
part of the Software. Modifying, translating, renting, leasing, selling, charging, copying, distributing, transferring,
assigning sub-licensing or otherwise dealing with or encumbering all or part of the Software, or any rights granted
hereunder; using the Software on behalf of any other persons or making the Software available to any other persons;
and/or removing or altering any proprietary notices, labels or marks from the Software are all strictly prohibited. You
agree that violation of these prohibitions will cause irreparable harm to TIU and provide grounds for TIU to seek
injunctive relief, without notice, against You or any other person in possession of the Software. You shall notify TIU
immediately if You become aware of any unauthorized possession or use of the whole or any part of the Software by
other persons. You and any other person whose possession of the Software violates this Agreement shall promptly
surrender possession of the Software and Password to TIU, upon demand. Furthermore, you hereby agree not to
create derivative works based on the Software.
2. Reservation of Rights. All rights not expressly granted by TIU to You under this Agreement are expressly
reserved to TIU and/or its suppliers, and You acknowledge and agree that You are granted no right or benefit under or
pursuant to this Agreement unless expressly stated.
3. Intellectual Property. You acknowledge that all rights of whatever nature in and to the Software are owned by and
belong to TIU and/or its suppliers and that You will not acquire any rights to the Software, except the license expressly
set forth above. The Software is protected under national patent, copyright, trade secret, and/or other proprietary laws,
as well as international treaties. Any transfer, use, or copying of the software in violation of the Agreement constitutes
infringement of copyright and/or other rights.
4. No Reverse Engineering. You agree that you will not attempt, and if you employ employees or engage
contractors, you will use your best efforts to prevent your employees and contractors from attempting to reverse
compile, reverse engineer, modify, adapt, translate or disassemble the Software in whole or in part (except and only to
the extent that such activity is expressly permitted by applicable law).
5. Termination. Any failure to comply with the terms and conditions contained in this License or termination of TIU's
arrangements with its suppliers will result in the automatic termination of this License without notice from TIU and the
reversion of the rights granted hereunder back to TIU..
6. Limited Warranty. TIU warrants that any media on which the Software is furnished is free from defects in material
and workmanship under normal use for a period of ninety (90) days from the date of delivery to You. Subject to the
foregoing the Software is provided "as is" without warranty of any kind. Further to the maximum extent permitted by
applicable law, TIU and its suppliers disclaim and hereby exclude all conditions, warranties and other terms with regard
to the Software, including, but not limited to, any conditions, warranties and other terms of non-infringement of third
party rights, year 2000 compliance, merchantability, satisfactory quality, and fitness for a particular purpose, relating to
the ownership of the Software or as to price in every case whether express or implied by statute, common law, custom,
collaterally or otherwise. The entire risk as to the quality and performance of the Software is with You. Neither TIU nor
its suppliers, represent or warrant that the functions contained in the Software will meet your requirement or that the
operation of the software will be uninterrupted or error-free. You accept that the Software was not designed and
produced to your individual requirements and that You were responsible for its selection.
4 of 124
Toshiba Business Communications Division