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Master License Agreement for the
AirDefense System
IMPORTANT - THIS MASTER LICENSE AGREEMENT (THIS "AGREEMENT") GOVERNS THE USE OF THE AIRDEFENSE SYSTEM. READ THIS MASTER
LICENSE AGREEMENT CAREFULLY PRIOR TO USING THE AIRDEFENSE SYSTEM (OR ANY PORTION THERETO). IN ORDER TO USE THIS AIRDEFENSE SYSTEM
(OR ANY PORTION THERETO), YOU MUST INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT, AND THE ACCEPTANCE OF THE CORPORATE OR BUSINESS
ENTITY WHICH PURCHASED THE AIRDEFENSE SYSTEM (the "Licensee"), TO THESE TERMS AND CONDITIONS BY CLICKING ON THE "Accept" BUTTON ON
YOUR SCREEN. BY INDICATING YOUR AGREEMENT, YOU ALSO REPRESENT AND WARRANT THAT YOU ARE A DULY AUTHORIZED REPRESENTATIVE OF THE
LICENSEE AND THAT YOU HAVE THE RIGHT AND AUTHORITY TO ENTER INTO THIS AGREEMENT ON ITS BEHALF. By using the AirDefense System, Licensee
expressly agrees with AirDefense, Inc., a Georgia corporation ("AirDefense"), to be bound by all of the terms and conditions of this Agreement. If Licensee does
not agree with any of the terms or conditions of this Agreement, Licensee is not authorized to use the AirDefense System (or any part thereto) for any purpose
whatsoever; please immediately cease use and contact AirDefense immediately. Please print a copy of this Agreement for Licensee's records.
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Definitions.
a
"Documentation" means AirDefense published specifications and "online"or electronic documentation related to the Software.
b
"Hardware" means AirDefense remote sensors or appliances.
c
"Products" mean any Hardware, Software, or Third Party Vendor Items provided by AirDefense under this Agreement.
d
"Software"means computer programs in object code form or firmware which is owned or licensed by AirDefense, and is copyrighted and
licensed, not sold. Software consists of machine-readable instructions, its components, data, audio-visual content (such as images, text,
recordings or pictures) and related licensed materials including all whole or partial copies.
e
"Third Party Vendor Item"includes "Third Party Hardware" and "Third Party Software" and means any non-AirDefense hardware and/or software
supplied or used by the Licensee under this Agreement.
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General. Subject to the provisions of this Agreement and the payment of applicable license fees, AirDefense grants Licensee a non-exclusive, non-
transferable, non-assignable license to use a copy of the Software in operating an approved configuration of the Products to the extent of the activation
or authorized usage level. This Agreement also authorizes Licensee to use the related written materials and "online"or electronic Documentation solely
in conjunction with Licensee's authorized use of the Products. AirDefense and its suppliers retain title to all copyright, trademarks, trade names and
other intellectual property rights in the Software, Hardware, and Documentation. Licensee is not granted any right, title, or interest in the Software,
Hardware, and Documentation, except the right to use them in accordance with this Agreement. Licensee may use the Products only to process
Licensee's own data and may not rent or sell the Products or use thereof to any third party. Any other individual or company, including any of Licensee's
parent, subsidiary, or affiliate entities, shall require a separate license to use the Products (or any part thereof). Licensee may not transfer any part of the
Products or any rights hereunder to any third party without the express written consent of AirDefense. Licensee further agrees that the terms contained
in any AirDefense or third party "shrink wrap"or "click"licenses shall govern the use of such software.
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Term. The License of the Products (and each part thereof) and Documentation is effective upon effectiveness of this Agreement and will continue in
effect until terminated: (i) by Licensee at any time by notifying AirDefense in writing; (ii) automatically and immediately upon Licensee's breach of any
material term or condition of this Agreement which is not corrected within ten (10) days following the breach; or (iii) automatically upon Licensee's
failure to make any payment due to AirDefense under any agreement to do so within ten (10) days of receipt of written notice that the amount is past
due. In the event of termination, Licensee must return the Products to AirDefense and destroy all copies of the Software and Documentation.
4
Copyright. The Software and Documentation are owned by AirDefense or its suppliers and are protected by United States and other applicable copyright
and other laws. Therefore, Licensee may not copy (except as otherwise expressly permitted by this Agreement or by applicable copyright law) the
Software or Documentation. Except as expressly permitted by this Agreement or required under applicable law, Licensee may not modify, adapt,
translate, decompile, disassemble, or reverse engineer the Software in any manner; Licensee may not merge or embed the Software into any other
computer program or work; Licensee may not create derivative works of the Software or the Documentation; and Licensee may not use the Software on
any computer hardware except the AirDefense Hardware on which it is installed.
5
Specific Restrictions. Licensee may not remove or alter AirDefense's or its suppliers' copyright notices and other intellectual property rights notices
included in the Products or Documentation.
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Government Use. If any Software or Documentation is acquired by or on behalf of a unit or agency of the United States Government, such Software or
Documentation is "commercial computer software"or "commercial computer software documentation" and, absent a written agreement to the contrary,
the Government's rights with respect to such Software or Documentation are limited by the terms of this Agreement, pursuant to FAR § 12.212(a) and its
successor regulations and/or DFARS § 227.7202-1(a) and its successor regulations, as applicable.
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Warranty. AirDefense warrants that the Software licensed and Hardware provided in accordance with this Agreement shall function substantially in
conformance with their published specifications and that the Hardware shall be free from material defects in workmanship and material provided the
Software and Hardware remain unmodified and is operated under normal and proper use; each for a period of three (3) months following the date of
shipment by AirDefense to Licensee.
Master License Agreement for the
AirDefense System
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