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APPENDIX D
IP700 Series Installation Guide
All manuals and user guides at all-guides.com
Warranty and Software License
THE TERMS AND CONDITIONS SET FORTH ON THIS DOCUMENT CONSTITUTE THE ENTIRE
AGREEMENT BETWEEN Nokia IP Inc., A DELAWARE CORPORATION ("NOKIA"), AND CUSTOMER IN
RESPECT OF THE NOKIA SOFTWARE INCLUDED IN THE PRODUCT PACKAGE, INCLUDING ANY
DOCUMENTATION THERETO (the "SOFTWARE"). NOKIA WILL NOT BE BOUND BY ANY TERMS OF
ANY PRIOR AGREEMENT OR UNDERSTANDING THAT ARE INCONSISTENT WITH THE TERMS
HEREIN. THE SOFTWARE IS LICENSED ONLY ON THE CONDITION THAT THE CUSTOMER ACCEPTS
THE TERMS OF THIS AGREEMENT. BY OPENING THE PACKAGE AND/OR BY MAKING USE OF THE
ENCLOSED SOFTWARE YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU
DO NOT AGREE TO THE TERMS OF THIS AGREEMENT PLEASE IMMEDIATELY RETURN THE
SOFTWARE IN THE PRODUCT PACKAGE TO THE PLACE YOU PURCHASED IT FOR FULL REFUND.
1.
SOFTWARE LICENSE. Unless Customer is an approved Managed Service Provider, Nokia grants to
Customer a personal, nonexclusive and nontransferable license to use the Software in object code form solely
as embedded in equipment provided by Nokia. If Customer is an approved Managed Service Provider
("MSP"), Nokia grants a nonexclusive and non transferable license to demonstrate the Software to clients and
prospective clients in order to market MSP's managed services and to use the Software to provide managed
services provided that each copy of the Software is used solely on behalf of and for the benefit of a single
client on the single piece of equipment provided by Nokia. An MSP may discontinue use of the Software on
behalf of one client and use the Software to provide managed services to another single client.
Customer may make one (1) archival copy of the Software provided Customer affixes to such copy all
copyright, confidentiality and proprietary notices that appear on the original. Customer shall not otherwise, in
whole or in part, copy the Software or documentation; modify the Software or create derivative works thereof;
reverse compile or reverse assemble all or any portion of the Software; rent, lease, distribute, sell, or use for
time-sharing purposes, the Software; or use or allow the Software to be used for the direct benefit of any third
party. Any fixes, updates or new releases of the Software, which may be made available to Customer, shall be
deemed part of the "Software," subject to the restrictions and limitations contained in this license.
2.
PROPRIETARY RIGHTS. All right, title and interest in and to the Software and documentation, and any
copies thereof provided by Nokia or which may be made by Customer, are and shall remain the exclusive
property of Nokia or Nokia's licensors (Nokia and its licensors are collectively referred to as "Software
Owners"). Each Software Owner shall have the right to enforce this Agreement against the Customer as to
such Software Owner's Software.
3.
LIMITED WARRANTY.
3.1 Software Warranty. Nokia warrants that the Software will substantially conform to the published
specifications for a period of ninety (90) days, plus a thirty (30) day transit allowance, from the date of
shipment. If the Software is found to contain a substantial nonconformance, Nokia's sole obligation under this
warranty shall be, at Nokia's option: (a) to correct, or provide a "work around" for any material programming
error or defect in the Software, or (b) to refund to Licensee the purchase price paid and this Agreement shall
terminate.
3.2 Warranty Services. In the event of a warranted problem with respect to the Software, Customer shall call
its reseller for warranty services. All repair services are provided by Nokia's authorized reseller from whom
the Customer has purchased the product on which the Software is imbedded.
3.3 Exclusions. The above warranty does not apply if the Software or the equipment on which it resides (1)
has been altered, except as authorized by Nokia, (2) has not been installed, operated, repaired or maintained in
accordance with any installation, handling, maintenance or operating instructions supplied by Nokia, (3) has
been subjected to unusual physical or electrical stress, misuse, negligence or accident, (4) has been used in
ultra-hazardous activities, or (5) has been used in such a way that Nokia cannot reasonably reproduce the
Software error. Furthermore, the above warranty does not apply to any portion of the product supplied by a
third party. In no event does Nokia warrant that the Software is error-free or that the Customer will be able to
operate it without problems or service interruptions.
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