End-User Software License Agreement - Extreme Networks AP-7562 Installation Manual

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This document is an agreement ("Agreement") between You, the end user, and Extreme
Networks, Inc., on behalf of itself and its Affiliates ("Extreme") that sets forth your rights
and obligations with respect to the "Licensed Materials". BY INSTALLING SOFTWARE AND/
OR THE LICENSE KEY FOR THE SOFTWARE ("License Key") (collectively, "Licensed
Software"), IF APPLICABLE, COPYING, OR OTHERWISE USING THE LICENSED SOFTWARE
AND/OR ANY OF THE LICENSED MATERIALS UNDER THIS AGREEMENT, YOU ARE
AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT, WHICH INCLUDES THE
LICENSE(S) AND THE LIMITATION(S) OF WARRANTY AND DISCLAIMER(S)/LIMITATION(S)
OF LIABILITY. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, RETURN THE
LICENSE KEY (IF APPLICABLE) TO EXTREME OR YOUR DEALER, IF ANY, OR DO NOT USE
THE LICENSED SOFTWARE AND/OR LICENSED MATERIALS AND CONTACT EXTREME OR
YOUR DEALER WITHIN TEN (10) DAYS FOLLOWING THE DATE OF RECEIPT TO ARRANGE
FOR A REFUND. IF YOU HAVE ANY QUESTIONS ABOUT THIS AGREEMENT, CONTACT
EXTREME, Attn: LegalTeam@extremenetworks.com.
1 DEFINITIONS. "Affiliates" means any person, partnership, corporation, limited liability
company, or other form of enterprise that directly or indirectly through one or more
intermediaries, controls, or is controlled by, or is under common control with the party
specified. "Server Application" means the software application associated to software
authorized for installation (per License Key, if applicable) on one or more of Your servers
as further defined in the Ordering Documentation. "Client Application" shall refer to the
application to access the Server Application. "Network Device" for purposes of this
Agreement shall mean a physical computer device, appliance, appliance component,
controller, wireless access point, or virtual appliance as further described within the
applicable product documentation, which includes the Order Documentation. "Licensed
Materials" means the Licensed Software (including the Server Application and Client
Application), Network Device (if applicable), Firmware, media embodying software, and
the accompanying documentation. "Concurrent User" shall refer to any of Your individual
employees who You provide access to the Server Application at any one time.
"Firmware" refers to any software program or code embedded in chips or other media.
"Standalone" software is software licensed for use independent of any hardware
purchase as identified in the Ordering Documentation. "Licensed Software" collectively
refers to the software, including Standalone software, Firmware, Server Application,
Client Application or other application licensed with conditional use parameters as
defined in the Ordering Documentation. "Ordering Documentation" shall mean the
applicable price quotation, corresponding purchase order, relevant invoice, order
acknowledgment, and accompanying documentation or specifications for the products
and services purchased, acquired or licensed hereunder from Extreme either directly or
indirectly.
2 TERM. This Agreement is effective from the date on which You accept the terms and
conditions of this Agreement via click-through, commence using the products and
services or upon delivery of the License Key if applicable, and shall be effective until
terminated. In the case of Licensed Materials offered on a subscription basis, the term of
"licensed use" shall be as defined within Your Ordering Documentation.
3 GRANT OF LICENSE. Extreme will grant You a non-transferable, non-sublicensable,
nonexclusive license to use the Licensed Materials and the accompanying documentation
for your own business purposes subject to the terms and conditions of this Agreement
AP-7562 Installation Guide
End-User Software License
Agreement
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