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software concurrently, but the Software will be used by 25 different Users at
various times, the number of users for which you need a license are 25.
Backup Copies. You may make that number of backup copies of the Software
equal to the licensed number of users, provided such backup copies are not
installed or used on any computer. You may not rent, lease, sublicense, lend or
transfer versions or copies of the Software you do not use, or Software
contained on any unused media, except as part of the permanent transfer of
all Software and Documentation as described below.
Upgrades. If the Software is licensed as an upgrade, you must be properly
licensed by Black Box to use the product identified by Black Box as being
eligible for the upgrade in order to use the Software. A Software product
labeled as an upgrade replaces and/or supplements the product that formed
the basis for your eligibility for the upgrade. You may use the resulting
upgraded product only in accordance with the terms of this EULA.
The software media is warranted to be free of defects for a period of 1 year from
date of purchase. If you discover defects in the media on which the Software is
distributed or in the documentation, Black Box will replace the media or
documentation for a period of 1 year after purchase. You must return the original
disk or documentation to Black Box within the warranty period accompanied by
your proof of purchase receipt. This warranty does not apply to defects due to
misuse, abuse, negligence, repairs, or alterations made by the customer.
EXCEPT AS PROVIDED IN THE PRECEDING PARAGRAPH, THE SOFTWARE
AND ANY DOCUMENTATION ARE PROVIDED ON AN "AS IS" BASIS. BLACK
BOX DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR
IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE SOFTWARE AND
ANY DOCUMENTATION, INCLUDING ALL WARRANTIES OF TITLE AND
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. THE LIABILITY OF BLACK BOX AND ITS
LICENSORS FOR DAMAGES TO THE LICENSEE FOR ANY CAUSE
WHATSOEVER, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION,
SHALL NOT EXCEED THE TOTAL LICENSE FEE PAID BY THE LICENSEE
FOR THE LICENSE TO USE THE SOFTWARE UNDER THIS EULA. BLACK
BOX AND ITS LICENSORS SHALL IN NO EVENT BE LIABLE FOR ANY
DAMAGES RESULTING FROM LOSS OF DATA, PROFITS OR USE OF
EQUIPMENT, OR FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR
OTHER INDIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH
THE USE OR PERFORMANCE OF THE SOFTWARE.
APPENDIX: Software License Agreement/Warranty
LIMITED WARRANTY
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