Toshiba IP edge General Description Manual page 147

against you or any other person in possession of the Software. You and any other person whose
possession of the Software violates this EULA shall promptly surrender possession of the Soft-
ware to TAIS, upon demand. Furthermore, you hereby agree not to create derivative works based
on the Software. TAIS reserves the right to terminate this license and to immediately repossess the
Software in the event that you or any other person violates this EULA.
2. Software Support and Upgrade Service. NOT WITHSTANDING ANY OTHER PROVI-
SION OF THIS EULA, YOU HAVE NO LICENSE OR RIGHT TO ANY SOFTWARE SUP-
PORT AND UPGRADE SERVICE, UNLESS YOU HOLD A VALID LICENSE TO THE
ORIGINAL SOFTWARE AND HAVE PAID THE APPLICABLE FEE TO AN AUTHORIZED
CHANNEL FOR THE SOFTWARE SUPPORT AND UPGRADE SERVICE. USE OF SOFT-
WARE SUPPORT AND UPGRADE SERVICE IS LIMITED TO TAIS TELECOMMUNICA-
TION SYSTEMS PRODUCT SUPPLIED BY AN AUTHORIZED CHANNEL FOR WHICH
YOU ARE THE ORIGINAL END USER PURCHASER OR OTHERWISE HOLD A VALID
LICENSE TO USE THE SOFTWARE THAT IS BEING UPGRADED.
3. Copyright. You acknowledge that no title to the copyright or any other intellectual property
rights in the Software is transferred to you. You further acknowledge that title and full ownership
rights to the Software and all copies thereof will remain the exclusive property of TAIS and/or its
suppliers, and you will not, by this EULA, acquire any rights to the Software or any copies
thereof, except the license expressly set forth above. You will not remove or change any proprie-
tary notices contained in or on the Software. The Software is protected under U.S. patent, copy-
right, trade secret, and/or other proprietary laws, as well as international treaties. Any transfer,
use, or copying of the Software in violation of the EULA constitutes copyright infringement. You
are hereby on notice that any transfer, use, or copying of the Software in violation of this EULA
constitutes a willful infringement of copyright.
4. Critical Applications. The Software is not designed or recommended for any "critical appli-
cations". "Critical applications" means life support systems, medical applications, connections to
implanted medical devices, commercial transportation, nuclear facilities or systems or any other
applications where product failure could lead to injury to persons or loss of life or catastrophic
property damage. ACCORDINGLY, SHOULD YOU DECIDE TO USE THIS SOFTWARE FOR
ANY CRITICAL APPLICATION, TAIS DISCLAIMS, TO THE MAXIMUM EXTENT PER-
MITTED BY APPLICABLE LAW, ANY AND ALL LIABILITY ARISING OUT OF THE USE
OF THE SOFTWARE IN ANY CRITICAL APPLICATION. IF YOU USE THE SOFTWARE IN
A CRITICAL APPLICATION, YOU, AND NOT TAIS, ASSUME FULL RESPONSIBILITY
FOR SUCH USE. Further, you shall indemnify and hold TAIS harmless from any and all dam-
ages, liabilities, costs, and expenses, including reasonable attorneys' fees and amounts paid in set-
tlement of third party or government claims, incurred by TAIS as a result of or in any way arising
from such use.
5. 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, translate or disassemble the Soft-
ware in whole or in part. Any failure to comply with the above or any other terms and conditions
contained herein will result in the automatic termination of this license and the reversion of the
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