Paradyne CPX-1000 User Manual page 3

JetCraft Software License Agreement
CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS. BY USING ANY OF THE JETCRAFT
SOFTWARE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO
THESE TERMS AND CONDITIONS, DO NOT USE OR INSTALL ANY OF THE SOFTWARE. IN SUCH EVENT, YOU
MAY RETURN THE SOFTWARE TO THE SELLER OR TO PARADYNE (UNUSED) FOR A REFUND OF THE PRICE
PAID.
This Software License Agreement ("Agreement") grants you certain license rights in connection with the Paradyne
Corporation ("Paradyne") JetCraft software and related documentation to be installed (the "Software").
Where third-party software is pre-installed into Paradyne hardware ("Third Party Software") and a separate End User
License Agreement ("Third Party EULA") is included with the Paradyne hardware, Licensee agrees to comply with the
terms and conditions of the Third Party EULA with respect to its use of the Third Party Software.
1. Grant of License
Subject to the terms and conditions of this License, Paradyne hereby grants to Licensee, and Licensee hereby
accepts from Paradyne, a personal, nonexclusive license to install, use and execute Software in machine readable
object code form, on that number and type of stations or access ports for which a licensee fee has been paid,
solely for Licensee's use in connection with the use of Paradyne hardware or a Paradyne-compatible integrated
access device ("IAD"). Licensee shall have the right to make a reasonable number of copies of the Software for
backup purposes. This license shall continue unless and until terminated in accordance with Section 4 of this
Agreement.
2. Proprietary Rights Notices
Licensee agrees (a) to respect all confidentiality notices or legends placed upon the Software; (b) not to conceal
from view any copyright, trademark or confidentiality notices placed on the Software media or on any output
generated by the Software; and (c) to reproduce all copyright, trademark or confidentiality notices on all copies of
the Software, or any portion thereof, made by Licensee as permitted hereunder.
3. Proprietary Rights
Licensee acknowledges that Paradyne (and, as applicable, its licensor(s)) retains exclusive right, title and interest
in and to the Software and all copies or portions thereof, including all intellectual property rights. By accepting this
license, Licensee does not become the owner of the Software, but has the right to use the Software as outlined
and limited in this Agreement. Licensee further acknowledges and agrees that the Software contains confidential
information and trade secrets developed and acquired by Paradyne (and, as applicable, its licensor(s)) through the
expenditure of a great deal of time and money. Accordingly, Licensee agrees to treat the Software as confidential
and not to disclose all or any portion of the Software to any third party or entity, except as such disclosure may be
necessary to Licensee's employees and consultants in the course of their employment. To the extent permitted by
applicable law, Licensee agrees not to modify, decompile, disassemble or otherwise reverse engineer the
Software. Licensee further agrees not to lend, rent, lease, sublicense or otherwise transfer any copies of the
Software or any portion thereof in any form to any person, except as permitted in Section 9 of this Agreement.
Licensee will use its best efforts and take all reasonable steps to protect the Software and to prevent any
unauthorized reproduction, publication, disclosure, or distribution of the Software or any portion thereof.
4. Term and Termination
This Agreement is effective upon the earlier of (a) the installation of the Software by Licensee (including, but not
limited to, loading the Software on a hard disk), or (b) acceptance of delivery of any Software by Licensee, and
shall continue unless and until terminated in accordance with the provisions of this Section 4. This Agreement shall
automatically terminate and Licensee shall lose its license rights hereunder if (i) Licensee transfers possession of
the Software, any copy of the Software, or any portion or merged portion of the Software to another party, except
as provided in Section 9, or (ii) violates the provisions of Section 3. Additionally, Paradyne shall be entitled to
terminate this Agreement upon written notice to Licensee in the event that Licensee breaches any material
obligation under this Agreement. Licensee shall be entitled to terminate this Agreement upon written notice given
by Licensee to Paradyne. Within ten (10) days after termination of this Agreement, Licensee shall destroy all
copies of the affected Software and related documentation, or any portion thereof, in any form, and shall certify
such destruction upon the request of Paradyne.
1000-A2-GB21-00 September 2002
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