End User Licence Terms - Arris DZS3000NV User Manual

End User Licence Terms

The Product to which this documentation relates (the "Product") incorporates software which is owned by ARRIS plc (or
its licensors) . Before using the Product please read the End-User Licence Conditions detailed below . If you do not agree to
the terms and conditions of the End-User Licence please do not proceed to use the Product – repack the Product unused
and return it to your supplier who will refund the amount you paid for it to you .
1. Definitions
The following expressions have the meanings given here:
"ARRIS" means ARRIS plc, being either owner of all intellectual property rights in the Software, or having the right to
grant licences for the use of the Software .
"Software" means the software applications, utilities and modules embedded within the Product .
"Product" means the equipment or appliance to which this documentation relates and which incorporates the
Software .
"Viasat" means Viasat AB, being the commercial broadcaster whose broadcasts this product has been designed to
receive .
2. Licence Grant, Conditions and Restrictions
(a) ARRIS grants you a non-exclusive, world-wide (subject to export controls), non-transferable (except as permitted by
2(b) below), royalty free licence to use the Software upon and with the Product .
(b) You may not transfer any of your licence rights in the Software without the written consent of ARRIS and if consent is
provided then the Software shall only be transferred in conjunction with the transfer of the Product and provided that
the transferee has read and agreed to accept the terms and conditions of this licence .
(c) You must ensure that the copyright, trademark and other protective notices contained in the Software are maintained
and not altered or removed and that all such notices are reproduced and included in any copy of the Software .
(d) The Software provided hereunder is copyrighted and licensed (not sold) . ARRIS especially does not transfer title or any
ownership rights in the Software to you . The Software provided hereunder may contain or be derived from portions of
materials provided to ARRIS under licence by a third party supplier .
(e) Except as authorised above or expressly permitted by statute you may not: use the Software in conjunction with any
other computer hardware other than the Product; copy all or part of the Software; incorporate all (or any of) the
Software into other programs developed by (or on behalf of) you and/or used by you; reverse engineer, decompile or
disassemble the Software; make the Software available, or permit its redistribution, for use with any other computer
hardware than the Product; rent, lease, gift, loan, sell, distribute or transfer possession of the Software in whole or in
part .
(f) You will grant to ARRIS and/or Viasat, access to your ARRIS/Viasat digital decoder product, to enable ARRIS and/or
Viasat to upgrade, service and otherwise adapt the Software in such decoder, by (for example) remote downloading of
updated Software .
3. Termination
This licence is effective until terminated . You may terminate the licence by destroying the Software (and all copies
thereof) . This licence will terminate automatically without notice if you fail to comply with any of its provisions . Upon
termination you must destroy the Software (and all copies thereof) .
4. Disclaimer
(a) The Software is (to the extent permitted by law) supplied "as is" and ARRIS and its suppliers expressly exclude all
warranties, express or implied, including (but not limited to) warranties of satisfactory quality, fitness for purpose and
non-infringement (save to the extent that the same are not capable of exclusion at law) .
(b) In no circumstances will ARRIS be liable for any direct, indirect, consequential, or incidental damage (including loss of
profits, business interruption, loss of data or the cost of procurement of substitute goods, technology or services)
arising out of the use or the inability to use the Software (save to the extent that such liability is not capable of
exclusion at law) .
5. General
(a) This End User Licence will be governed by the laws of Sweden and the User may only bring claims in the Swedish
Courts and ARRIS shall be entitled to bring a claim in the courts of any jurisdiction .
(b) The above terms and conditions supersede any prior agreement, oral or written, between you and ARRIS relating to
the Software .
46 Using your ViasatHD box