Vertical WAVE IP 2500 Installation Manual page 117

6. PROOF OF LICENSE. If you acquired the Software on the System, or on a disc or other media, a genuine Certificate of Authenticity
label with a genuine copy of the Software identifies licensed Software. To be valid, this label must be affixed to the System, or included
on or in Vertical Communications, Inc.'s Software packaging. If you receive the label separately, it is not valid. You should keep the
label on the System or packaging to prove that you are licensed to use the Software. To identify genuine Microsoft software, see
http://www.howtotell.com.
7. TRANSFER TO A THIRD PARTY. You may transfer the Software only with the System, the Certificate of Authenticity label, and
these license terms directly to a third party. Before the transfer, that party must agree that these license terms apply to the transfer and
use of the Software. You may not retain any copies of the Software including the backup copy.
8. NOT FAULT TOLERANT. The Microsoft software is not fault tolerant. Vertical Communications, Inc. installed the Software on the
System and is responsible for how it operates on the device.
9. RESTRICTED USE. The Software is not designed or intended for use or resale in hazardous environments requiring fail-safe
performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control or other
devices or systems in which a malfunction of the Software would result in foreseeable risk of injury or death to the operator of the
device or system, or to others.
10. NO WARRANTIES FOR THE SOFTWARE. The Software is provided "as is".
Communications, Inc. and Microsoft give no express warranties, guarantees or conditions. Any warranties you receive regarding the
System or the Software do not originate from, and are not binding on, Vertical Communications, Inc., Microsoft or its affiliates. When
allowed by your local laws, Vertical Communications, Inc. and Microsoft exclude implied warranties of merchantability, fitness for a
particular purpose and non-infringement.
11. LIABILITY LIMITATIONS. You can recover from Vertical Communications, Inc. or Microsoft and its affiliates only direct damages
up to two hundred fifty U.S. Dollars (U.S. $250.00), or equivalent in local currency. You cannot recover any other damages, including
consequential, lost profits, special, indirect or incidental damages.
This limitation applies to:
• anything related to the Software, services, content (including code) on third party internet sites, or third party programs, and
• claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent
permitted by applicable law.
It also applies even if Vertical Communications, Inc. or Microsoft should have been aware of the possibility of the damages. The above
limitation may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other
damages.
12. EXPORT RESTRICTIONS. The Software is subject to United States export laws and regulations. You must comply with all domestic
and international export laws and regulations that apply to the Software. These laws include restrictions on destinations, end users and
end use.
ACTIVATION OF SOFTWARE. The Software must be registered and activated with Vertical Communications, Inc. within thirty (30) days
of installation. Failure to activate Software within the stated timeframe will result in the Software being inoperable until it is properly
registered and activated with Vertical Communications, Inc.
MANIFEST AND LICENSE INFORMATION. In some cases, Vertical Communications, Inc. may require that you provide certain
information, including System manifest, Software licenses and System configuration during the registration process or support activities in
order to enable the Software to work properly. In all such cases, you will be advised in advance of any such requirement and will be given the
opportunity to terminate the process prior to transmittal of any such information.
REMOTE ACCESS. Vertical Communications, Inc. reserves the right to remotely access the System and Software in order to provide
technical support and for Software repair purposes. In all such cases, you will be advised in advance of any such requirement and will be given
the opportunity to terminate the process prior to any such remote access.
SOFTWARE UPDATES. All updates to the Software will come directly from Vertical Communications, Inc. Any software updates from
other sources, including Microsoft that result in the Software being inoperable will not be supported by Vertical Communications, Inc..
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For Review Only - Draft Document 09/07/07
COMPANY CONFIDENTIAL - DO NOT Distribute
Wave IP 2500 Installation Guide
You bear all risks of using it. Vertical