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Software License Agreement
THE FOLLOWING IS A SITE LICENSE AGREEMENT RELATING TO THE INTER-TEL SOFTWARE.
PLEASE CAREFULLY READ ALL OF THE TERMS AND CONDITIONS BEFORE PROCEEDING. THE
SOFTWARE REFERENCED HEREIN IS LICENSED IN ACCORDANCE WITH THE FOLLOWING
TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT SUCH TERMS AND CONDITIONS YOU WILL
NOT BE PERMITTED TO USE THE SOFTWARE. IF YOU ACCESS OR USE SUCH SOFTWARE IN
CONTRAVENTION OF THE TERMS AND PROVISIONS OF THIS AGREEMENT, YOU WILL BE SUB-
JECT TO PROSECUTION TO THE FULLEST EXTENT PERMITTED BY LAW.
Definitions:
"You" means, and "Yours" refers to the original end user purchaser of the Inter-Tel Software Programs.
"Computer" means a computer consisting of a single central processing unit, one keyboard and one video
display terminal. "Inter-Tel Hardware System" means any proprietary system dis tributed by Inter-Tel Integrated
Systems (hereinafter "Company" or "Inter-Tel") that operates by means of the Software. "Authorized Dealer"
means an individual or entity currently authorized in writing by agreement and in good standing with Inter-Tel
entitling the dealer to sell or license the specific Software covered by this license. "Software" means: the
computer programs accompanying this License (including, but not limited to, codes, techniques, software tools,
formats, designs, methods, processes, know-how and ideas) and any and all copies, modifications, upgrades,
enhancements and new releases thereof made or acquired by You and any and all manuals and other printed
materials accompanying this License or the Software.
License:
(a)
Inter-Tel Integrated Systems, Inc. ("Inter-Tel") grants You a non-exclusive, non-transferable license to
install and use the enclosed Inter-Tel Software and accompanying documentation on any one
standalone personal computer or Inter-Tel Hardware System (whichever applies). You assume the
entire responsibility for the selection and installation of the enclosed Software program(s) in order to
achieve desired results. You agree that you are licensing the Program for its end use only and not for
resale or redistribution. You must be an Authorized Dealer of the specific Inter-Tel products covered by
this license. You will be liable for theft and infringement under applicable patent, copyright and
trademark laws of the United States for unauthorized use of the Software covered by this license.
Inter-Tel reserves all rights in and to all patents, copyrights, trademarks, mask works and any other
proprietary rights contained or embodied in the Software.
(b)
You may make one (1) copy of the Inter-Tel Software program(s) contained on diskette(s) for back-up
purposes only, provided that You reproduce and place the Inter-Tel copyright notice on the backup
copy. You may make one (1) copy of the Software pro gram(s) onto one (1) hard drive. You may not
copy the Inter-Tel Software program(s) contained on any media other than diskette; e.g., hard disk
drive, ROMs, PALs, Soft ware Protection Key, etc.
(c)
You are hereby notified that contained third-party suppliers and vendors are third-party beneficiaries to
this Agreement to the extent that the Software contains software, programming and other materials
provided by such third-party suppliers and vendors. Such provisions are made expressly for the benefit
of and are enforceable by such third-party suppliers and vendors in addition to Inter-Tel.
(d)
You hereby acknowledge and agree that the license granted in this agreement is a site license. I.e., the
software may only be installed at the initial end user site licensed for this software and at no other site
without the express written consent and relicensing by Inter-Tel Integrated Systems, Inc. You
acknowledge and agree that you have the responsibility to sublicense the end user of the software with
Inter-Tel EncoreCX
Installation & Maintenance Manual
11
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