Software Developer License Agreement - Dialogic Brooktrout Digital Board Installation And Configuration Manual

SOFTWARE DEVELOPER LICENSE AGREEMENT

*** IMPORTANT ***
PLEASE READ CAREFULLY BEFORE USING THE SOFTWARE.
This Software Developer License Agreement is a legal agreement between Dialogic Corporation, and its affiliates or
subsidiaries (collectively, "Dialogic") and you (either an individual or an entity) ("Developer"). IF YOU HAVE A
WRITTEN, SIGNED LICENSE AGREEMENT GOVERNING THE USE OF THE ACCOMPANYING
SOFTWARE, THE TERMS AND CONDITIONS OF THAT AGREEMENT WILL APPLY TO YOUR USE OF THE
SOFTWARE. IF YOU HAVE WRITTEN, SIGNED SPECIAL TERMS GOVERNING THE USE OF THE
ACCOMPANYING SOFTWARE ("SPECIAL TERMS"), THOSE SPECIAL TERMS ARE HEREBY
INCORPORATED INTO THIS AGREEMENT. Read the following terms and conditions carefully before using the
accompanying software. They define your rights and obligations with respect to the enclosed Software. If you do not
agree to the terms of this Software Developer License Agreement, promptly return the Developer License Key that you
obtained for the Software or the Dialogic® Hardware that you purchased for use with the Software, if any, to the place
you obtained it for a full refund. USING THE SOFTWARE INDICATES YOUR AGREEMENT WITH AND
ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. AN INDIVIDUAL WHO DOES NOT HAVE
AUTHORITY TO BIND THE ENTITY USING THE SOFTWARE SHOULD NOT USE THE SOFTWARE WITHOUT
OBTAINING APPROVAL OF THIS AGREEMENT FROM A PERSON HAVING SUCH AUTHORITY.
YOU UNDERSTAND THAT IF YOU PURCHASED THE PACKAGE FROM AN AUTHORIZED RESELLER OF
DIALOGIC, THAT RESELLER IS NOT DIALOGIC'S AGENT AND IS NOT AUTHORIZED TO MAKE ANY
REPRESENTATIONS, CONDITIONS OR WARRANTIES, STATUTORY OR OTHERWISE, ON DIALOGIC'S BEHALF
NOR TO VARY ANY OF THE TERMS OR CONDITIONS OF THIS AGREEMENT. IN ADDITION, YOU
ACKNOWLEDGE THAT, UNLESS OTHERWISE AGREED BY THAT RESELLER IN WRITING OR PROHIBITED BY
LAW, THE LIMITATIONS OF CONDITIONS AND WARRANTIES, STATUTORY OR OTHERWISE, AND LIABILITY
SET FORTH IN THIS AGREEMENT ALSO APPLY TO AND BENEFIT THAT RESELLER.
The Software may include object code versions of third party software packages, including one or more of
the following, which are subject to the terms and conditions of the applicable license agreements found at
the websites identified below. Please refer to the attached Exhibit A to find out which, if any, licenses are
applicable.
ACE™ software and TAO™ software are copyrighted by Douglas C. Schmidt and his research group at
Washington University, University of California, Irvine, and Vanderbilt University Copyright (c)
1993-2003, all rights reserved. More information is available at:
http://www.cs.wustl.edu/~schmidt/ACE.html
wxWindows software is copyrighted by Julian Smart, Robert Roebling et al. Copyright (c) 1998 Julian
Smart, Robert Roebling et al. More information is available at:
http://www.wxWindows.org
1. Definitions
1.1. "Dialogic Hardware" means voice and/or fax processing hardware and/or any other computer hardware
manufactured by or for Dialogic which may (without limitation) be marketed under the brands Dialogic, Brooktrout,
Excel, and/or Snowshore and purchased by the End User from Dialogic or one of its authorized resellers.
1.2. "Developer License Key" means an access code or activation key provided by Dialogic to enable a Developer to use
the Software for the purposes set forth herein.
1.3. "End User" means the ultimate user of the Software who has obtained such Software pursuant to an End User
Agreement.
1.4. "End User Agreement" means a sublicense agreement granting an End User the right to use the Software internally
but not to further distribute or sublicense such Software, which agreement meets the requirements of Section 2.8.
1.5. "Integrated Product" means the Software as integrated with one or more of Developer's products to provide enhanced
functionality.
1.6. "License Key" means an access code or activation key provided by Dialogic to enable an End User to use the Software.
1.7. "Software" means the software provided to you in the enclosed package, or enabled by the enclosed Developer License
Key together with any accompanying documentation.
1.8. "Sublicensee" means any reseller, dealer, distributor or other entity authorized by Developer pursuant to a
Sublicense Agreement meeting the requirements of Section 2.9, to sublicense the use of and distribution of the
Software to End Users or other intermediate parties, such as dealers, in the distribution chain to End Users.
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