Dell SonicWall SRA 4200 Administrator's Manual page 431

Products and/or Customer's services for MSP Customers. "Affiliate" means any legal entity
controlling, controlled by, or under common control with a party to this Agreement, but only for
so long as such control relationship exists.
(d) Evaluation License. If the Software is provided by SonicWALL or a Reseller at no charge for
evaluation purposes, then Section 1(a) above shall not apply to such Software and instead
Customer is granted a nonproduction License to use such Software and the associated
documentation solely for Customer's own internal evaluation purposes for an evaluation period
of up to thirty (30) days from the date of delivery of the Software, plus any extensions granted
by SonicWALL in writing (the "Evaluation Period"). There is no fee for Customer's use of the
Software for nonproduction evaluation purposes during the Evaluation Period, however,
Customer is responsible for any applicable shipping charges or taxes which may be incurred,
and any fees which may be associated with usage beyond the scope permitted herein.
Notwithstanding anything otherwise set forth in this Agreement, Customer understands and
agrees that evaluation Software is provided "AS IS" and that SonicWALL does not provide a
warranty or maintenance services for evaluation Licenses.
(e) Restrictions. Customer may not (i) modify, translate, localize, adapt, rent, lease, loan, create
or prepare derivative works of, or create a patent based on the Software or any part thereof, (ii)
make copies except as expressly authorized under this Agreement, (iii) copy the Software onto
any public or distributed network, (iv) modify or resell the Software, use the Software in
connection with the operation of any nuclear facilities, or use for purposes which are
competitive to SonicWALL, or (v) except as expressly authorized in Section 2(c) above, operate
the Software for use in any time-sharing, outsourcing, service bureau or application service
provider type environment. Unless and except to the extent authorized in the applicable
Documentation, Software provided with and/or as the Product, in part or whole, is licensed for
use only in accordance with the Documentation as part of the Product: Software components
making up a Product may not be separated from, nor used on a separate or standalone basis
from the Product. Each permitted copy of the Software and Documentation made by Customer
hereunder must contain all titles, trademarks, copyrights and restricted rights notices as in the
original. Customer understands and agrees that the Products may work in conjunction with third
party products and Customer agrees to be responsible for ensuring that it is properly licensed
to use such third party products. Any Software provided in object code form is licensed
hereunder only in object code form. Except to the extent allowed by applicable law if located in
the European Union, and then only with prior written notice to SonicWALL, Customer shall not
disassemble or reverse engineer the Software in whole or in part or authorize others to do so.
Customer agrees not to use the Software to perform comparisons or other "benchmarking"
activities, either alone or in connection with any other software or service, without SonicWALL's
written permission; or publish any such performance information or comparisons.
(f) Third Party Software. There may be certain third party owned software provided along with,
or incorporated within, the Products ("Third Party Software"). Except as set forth below, such
Third Party Software shall be considered Software governed by the terms and conditions of this
Agreement. However, some Products may contain other Third Party Software that is provided
with a separate license agreement, in which case such Third Party Software will be governed
exclusively by such separate license agreement ("Third Party License") and not this
Agreement. Any such Third Party Software that is governed by a Third Party License, and not
this Agreement, will be identified on the applicable Product page on SonicWALL's website and/
or in a file provided with the Product. Except as SonicWALL may otherwise inform Customer in
writing, the Third Party License gives Customer at least the license rights granted above, and
may provide additional license rights as to the Third Party Software, but only with respect to the
particular Third Party Software to which the Third Party License applies. SUCH THIRD PARTY
SOFTWARE UNDER A THIRD PARTY LICENSE IS PROVIDED WITHOUT ANY WARRANTY
FROM SONICWALL AND ITS SUPPLIERS, INCLUDING BUT NOT LIMITED TO
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. Notwithstanding the foregoing, SonicWALL shall honor its warranty,
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