Extreme Networks IA-A-20 Installation Manual page 29

including the Licensed Software, or to translate the Licensed Materials into another computer
language. The media embodying the Licensed Materials may be copied by You, in whole or in part,
into printed or machine readable form, in sufficient numbers only for backup or archival purposes, or
to replace a worn or defective copy. However, You agree not to have more than two (2) copies of
the Licensed Software in whole or in part, including the original media, in your possession for said
purposes without Extreme' prior written consent, and in no event shall You operate more copies of
the Licensed Software than the specific licenses granted to You. You may not copy or reproduce the
documentation. You agree to maintain appropriate records of the location of the original media and
all copies of the Licensed Software, in whole or in part, made by You. Any portion of the Licensed
Software included in any such modular work shall be used only on a single computer for internal
purposes and shall remain subject to all the terms and conditions of this Agreement. You agree to
include any copyright or other proprietary notice set forth on the label of the media embodying the
Licensed Software on any copy of the Licensed Software in any form, in whole or in part, or on any
modification of the Licensed Software or any such modular work containing the Licensed Software
or any part thereof.
7 TITLE AND PROPRIETARY RIGHTS
a The Licensed Materials are copyrighted works and are the sole and exclusive property of
Extreme, any company or a division thereof which Extreme controls or is controlled by, or which
may result from the merger or consolidation with Extreme (its "Affiliates"), and/or their
suppliers. This Agreement conveys a limited right to operate the Licensed Materials and shall not
be construed to convey title to the Licensed Materials to You. There are no implied rights. You
shall not sell, lease, transfer, sublicense, dispose of, or otherwise make available the Licensed
Materials or any portion thereof, to any other party.
b You further acknowledge that in the event of a breach of this Agreement, Extreme shall suffer
severe and irreparable damages for which monetary compensation alone will be inadequate.
You therefore agree that in the event of a breach of this Agreement, Extreme shall be entitled to
monetary damages and its reasonable attorney's fees and costs in enforcing this Agreement, as
well as injunctive relief to restrain such breach, in addition to any other remedies available to
Extreme.
8 PROTECTION AND SECURITY. In the performance of this Agreement or in contemplation thereof,
You and your employees and agents may have access to private or confidential information owned
or controlled by Extreme relating to the Licensed Materials supplied hereunder including, but not
limited to, product specifications and schematics, and such information may contain proprietary
details and disclosures. All information and data so acquired by You or your employees or agents
under this Agreement or in contemplation hereof shall be and shall remain Extreme' exclusive
property, and You shall use all commercially reasonable efforts to keep, and have your employees
and agents keep, any and all such information and data confidential, and shall not copy, publish, or
disclose it to others, without Extreme' prior written approval, and shall return such information and
data to Extreme at its request. Nothing herein shall limit your use or dissemination of information
not actually derived from Extreme or of information which has been or subsequently is made public
by Extreme, or a third party having authority to do so.
You agree not to deliver or otherwise make available the Licensed Materials or any part thereof,
including without limitation the object or source code (if provided) of the Licensed Software, to any
party other than Extreme or its employees, except for purposes specifically related to your use of
the Licensed Materials on a single computer as expressly provided in this Agreement, without the
prior written consent of Extreme. You acknowledge that the Licensed Materials contain valuable
confidential information and trade secrets, and that unauthorized use, copying and/or disclosure
thereof are harmful to Extreme or its Affiliates and/or its/their software suppliers.
IA-A-20 and IA-A-300 Installation Guide
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Extreme Networks License Agreement
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