Vertical WAVE IP 2500 Installation Manual page 118

Wave IP 2500 Installation Guide
LIMITED MEDIA WARRANTY. Vertical Communications, Inc. warrants that any media on which the Software is recorded will be free
from defects in materials and workmanship under normal use for a period of 90 days from the date the Software is shipped to reseller. If a
defect in any such media should occur during this 90-day period, the media may be returned to Vertical and Vertical will replace the media
without charge. Vertical shall have no responsibility to replace media if the failure of the media results from accident, abuse or misapplication
of the media.
INDEMNIFICATION. Licensee agrees to indemnify, defend, and hold harmless Vertical Communications, Inc. from any suit, demand,
cause of action or other claim of whatever nature arising out of the breach of any term of this EULA by Licensee, Licensee's agents or
employees that arise or result from the use or distribution of the Software or Documentation.
GOVERNMENT LICENSEES. This provision applies to all Software and Documentation acquired directly or indirectly by or on behalf of
the United States Government. The Software and Documentation are commercial products, licensed on the open market at market prices, and
were developed entirely at private expense and without the use of any U.S. Government funds. The license to the U.S. Government is granted
only with restricted rights and use, and duplication or disclosure by the U.S. Government is subject to the restrictions set forth in subparagraph
(c)(1) of the Commercial Computer Software Restricted Rights clause of FAR 52.227-19 or subparagraph (c)(1)(ii) of the Rights in Technical
Data and Computer Software clause of DFARS 252.227-7013 or their successors, whichever is applicable.
TERM AND TERMINATION. Without prejudice to any other rights, Vertical Communications, Inc. may terminate this license if you fail
to comply with the licensing terms. In such event, you must destroy all copies of the Software and all of its component parts. This License is
effective until terminated; however, all of the restrictions with respect to Vertical's copyright in the Software and Documentation will cease
being effective at the date of expiration of the applicable Vertical copyright; those restrictions relating to use and disclosure of Vertical's
confidential information shall continue in effect. Licensee may terminate the License at any time. Upon termination for any reason, Licensee
will immediately destroy or return to Vertical the Software, Documentation and all copies of each. Those provisions of this EULA that, by
their nature, are intended to survive the termination of this EULA shall so survive. Without limiting the generality of the foregoing, the
following sections shall survive any termination: "Restrictions on Use; Reservation of Rights", "Export Restriction", "No Warranties for the
Software", "Limitation of Liability", "Trademarks", "Indemnification" and "General."
GENERAL. If any provision of this EULA shall be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that
provision shall be limited or eliminated to the minimum extent necessary so that this EULA shall otherwise remain in full force and effect and
enforceable. This EULA will be governed by the laws of the State of Florida without respect to any conflict of laws principles. Neither the
License nor this EULA is assignable or transferable by Licensee without Vertical's prior written consent, and any attempt to do so shall be
void. Vertical may assign its rights and obligations under this EULA, in whole or in part, without Licensee's consent. Any notice, report,
approval or consent required or permitted hereunder shall be in writing. No failure to exercise, and no delay in exercising, on the part of either
party hereto, any privilege, any power or any rights hereunder will operate as a waiver thereof, nor will any single or partial exercise of any
power hereunder preclude further exercise of any other right hereunder. The parties hereto agree that a material breach of this EULA by
Licensee would cause irreparable injury to Vertical for which monetary damages would not be an adequate remedy and that Vertical shall be
entitled to equitable relief in addition to any remedies it may have hereunder or at law.
Should Licensee have any questions concerning this EULA, contact Vertical Communications, Inc., 106 Cattlemen Road, Sarasota, Florida
34232.
LICENSEE ACKNOWLEDGES THAT LICENSEE HAS READ THIS EULA, UNDERSTANDS IT, AND AGREES TO BE BOUND BY
ITS TERMS AND CONDITIONS. LICENSEE FURTHER AGREES THAT THIS EULA IS THE ENTIRE AND EXCLUSIVE
AGREEMENT BETWEEN VERTICAL AND LICENSEE, WHICH SUPERSEDES ALL PRIOR ORAL AND WRITTEN AGREEMENTS
AND COMMUNICATIONS BETWEEN THE PARTIES PERTAINING TO THE SUBJECT MATTER OF THIS EULA. NO DIFFERENT
OR ADDITIONAL TERMS WILL BE ENFORCEABLE AGAINST VERTICAL UNLESS VERTICAL GIVES ITS EXPRESS WRITTEN
CONSENT, INCLUDING AN EXPRESS WAIVER OF THE TERMS OF THIS EULA.
For Review Only - Draft Document 09/07/07
*
COMPANY CONFIDENTIAL - DO NOT Distribute