Motorola SV-4250-P-1 - AirDefense Enterprise Appliance 4250 Quick Installation Manual page 32

Appliance Quick Installation Guide
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Publicity. Licensee agrees that during the term of this Agreement AirDefense may publicly refer to Licensee, orally and in writing, as a customer of
AirDefense. Any other written reference to Licensee by AirDefense requires the prior approval of Licensee.
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Severability. If a court of competent jurisdiction renders any part of this Agreement invalid or unenforceable, that part will be severed and the remainder
of this Agreement will continue in full force and effect.
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Waiver. Failure or delay by either Party to exercise a right or power under this Agreement will not be a waiver of the right or power. For a waiver of a
right or power to be effective, it must be in a writing signed by the waiving Party. An effective waiver of a right or power will not be construed as either
a future or continuing waiver of that same right or power, or the waiver of any other right or power.
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General. This Agreement is the complete and exclusive statement of the agreement between Licensee and AirDefense, and this Agreement supersedes
any prior proposal, agreement, or communication, oral or written, pertaining to the subject matter of this Agreement and there are no inducements to
enter into this Agreement which are not set forth herein. This Agreement shall be governed by the laws of the State of Delaware and of the United
States of America, excluding (i) its conflicts of law principles and (ii) the United Nations Convention on Contracts for the International Sale of Goods. All
questions concerning the terms and conditions of this Agreement should be directed to AirDefense in writing addressed to AirDefense, Inc., 1125
Sanctuary Parkway, Suite 250, Alpharetta, GA 30009, United States of America.
IMPORTANT - THIS SUPPORT SERVICES AGREEMENT (THIS "AGREEMENT") GOVERNS THE MAINTENANCE AND SUPPORT SERVICES
(COLLECTIVELY "SUPPORT") FOR THE AIRDEFENSE SYSTEM. AS SET FORTH IN THE MASTER LICENSE AGREEMENT FOR THE AIRDEFENSE
SYSTEM, LICENSEES OF THE AIRDEFENSE SYSTEM ARE REQUIRED TO PURCHASE A MINIMUM OF ONE YEAR OF SUPPORT. YOU ("LICENSEE")
MUST INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT, AND THE ACCEPTANCE OF THE CORPORATE OR BUSINESS ENTITY WHICH PURCHASED THE
AIRDEFENSE SYSTEM AND IS PURCHASING SUPPORT SERVICES HEREUNDER, TO THESE TERMS AND CONDITIONS BY CLICKING ON THE "Accept" BUTTON
ON YOUR SCREEN. ADDITIONALLY, YOU MUST INDICATE THE TYPE OF SUPPORT LEVEL (EITHER GOLD LEVEL OR PLATINUM LEVEL) BY CLICKING ON THE
APPROPRIATE 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.
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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 supported 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. Software is provided pursuant to one or more license
agreements with AirDefense and/or its suppliers.
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.
f
"Update" means a new version of the Software, if and when available, which AirDefense distributes free of charge to its licensees of the
Software to correct errors or to provide enhancements to the Software. "Update" does not include any modifications or enhancements that
represent a new product, as determined by AirDefense in its sole discretion.
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Acknowledgements. Licensee acknowledges that Support is solely for the Hardware and Software. After the termination of Support hereunder for any
reason, AirDefense shall not provide Support for the Hardware and Software or any part thereof. There are certain unique terms, conditions and
obligations of each party as set forth in this Agreement that are dependent on the support level indicated above (i.e., Gold or Platinum Level). If the
AirTermination feature is included in the licensed Products, Licensee further acknowledges that it has been cautioned and understands fully that such
feature may terminate, disconnect, disrupt and/or otherwise interfere with its internal and/or unrelated third parties' wireless connections and related
systems and Licensee bears sole responsibility for all claims and losses associated therewith.
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Support Services. AirDefense shall provide Licensee reasonable telephone or e-mail technical consultation as software maintenance and support
services related to the Software ("Software Support") and hardware maintenance support services related to the Hardware ("Hardware Support") as
provided herein during period(s) of contracted Support. Licensee agrees to use reasonable efforts to resolve internally any support questions prior to
requesting Support services. AirDefenses Support technicians shall only be obligated to respond to Licensee's two (2) designated contacts (one
designated primary and the other alternate) who shall have been adequately trained on the Products and who have sufficient technical expertise,
training and/or experience. Licensee agrees to test, and if operable, accept and use all Updates, amendments and alterations to the Software furnished
by AirDefense hereunder. Licensee shall allow AirDefense remote access as needed via an Internet gateway to the Products. Any Updates, upgrades,
patches and other similar software code provided to Licensee as part of Software Support shall be considered part of the Software and are licensed to
Licensee subject also to the terms and conditions of the Master License Agreement between the parties licensing the Software. During the term of this
AirDefense, Inc.
SUPPORT SERVICES AGREEMENT
FOR
THE AIRDEFENSE SYSTEM