Master License Agreement For The Airdefense System - Motorola AirDefence Installation Manual

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30
Server Appliance Installation Guide
6
Master License Agreement for the
AirDefense System
IMPORTANT—THIS MASTER LICENSE AGREEMENT (THIS "AGREEMENT") GOVERNS THE USE OF THE AIRDEFENSE SYSTEM. READ THIS
MASTER LICENSE AGREEMENT CAREFULLY PRIOR TO USING THE AIRDEFENSE SYSTEM (OR ANY PORTION THERETO). IN ORDER TO USE THIS AIRDEFENSE
SYSTEM (OR ANY PORTION THERETO), YOU MUST INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT, AND THE ACCEPTANCE OF THE CORPORATE OR
BUSINESS ENTITY WHICH PURCHASED THE AIRDEFENSE SYSTEM (the "Licensee"), TO THESE TERMS AND CONDITIONS BY CLICKING ON THE "Accept"
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. By using the
AirDefense System, Licensee expressly agrees with AirDefense, Inc., a Georgia corporation ("AirDefense"), to be bound by all of the terms and conditions of this
Agreement. If Licensee does not agree with any of the terms or conditions of this Agreement, Licensee is not authorized to use the AirDefense System (or any
part thereto) for any purpose whatsoever; please immediately cease use and contact AirDefense immediately at airdefensemla@airdefense.net. Please print a
copy of this Agreement for Licensee's records.
1
Definitions.
a
"Hardware" means AirDefense remote sensors or server appliances.
b
"Products" mean any Hardware, Software, or Third Party Vendor Items provided by AirDefense under this Agreement.
c
"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.
d
"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.
2
General. AirDefense grants Licensee a non-exclusive, non-transferable, non-assignable license to use a copy of the
Software in operating an approved configuration of the Products to the extent of the activation or authorized usage level. This
Agreement also authorizes Licensee to use the related written materials and "online" or electronic documentation
("Documentation") solely in conjunction with Licensee's authorized use of the Products. AirDefense and its suppliers retain
title to all copyright, trademarks, trade names and other intellectual property rights in the Software, Hardware, and
Documentation. Licensee is not granted any right, title, or interest in the Software, Hardware, and Documentation, except the
right to use them in accordance with this Agreement. Licensee may use the Products only to process Licensee's own data
and may not rent or sell the Products or use thereof to any third party. Any other individual or company, including any of
Licensee's parent, subsidiary, or affiliate entities, shall require a separate license to use the Products (or any part thereof).
Licensee may not transfer any part of the Products or any rights hereunder to any third party without the express written
consent of AirDefense. Licensee further agrees that the terms contained in any AirDefense or third party "shrink wrap" or
"click" licenses shall govern the use of such software.
3
Term. The License of the Products (and each part thereof) and Documentation is effective upon effectiveness of this
Agreement and will continue in effect until terminated: (i) by Licensee at any time by notifying AirDefense in writing; (ii)
automatically and immediately upon Licensee's breach of any material term or condition of this Agreement which is not
corrected within ten (10) days following the breach; or (iii) automatically upon Licensee's failure to make any payment due to
AirDefense under any agreement to do so within ten (10) days of receipt of written notice that the amount is past due. In the
event of termination, Licensee must return the Products to AirDefense and destroy all copies of the Software and
Documentation.
4
Copyright. The Software and Documentation are owned by AirDefense or its suppliers and are protected by United States
and other applicable copyright and other laws. Therefore, Licensee may not copy (except as otherwise expressly permitted
by this Agreement or by applicable copyright law) the Software or Documentation. Except as expressly permitted by this
Agreement or required under applicable law, Licensee may not modify, adapt, translate, decompile, disassemble, or reverse
engineer the Software in any manner; Licensee may not merge or embed the Software into any other computer program or
work; Licensee may not create derivative works of the Software or the Documentation; and Licensee may not use the
Software on any computer hardware except the AirDefense Hardware on which it is installed.
5
Specific Restrictions. Licensee may not remove or alter AirDefense's or its suppliers' copyright notices and other intellectual
property rights notices included in the Products or Documentation.
6
Government Use. If any Software or Documentation is acquired by or on behalf of a unit or agency of the United States
Government, such Software or Documentation is "commercial computer software" or "commercial computer software
documentation" and, absent a written agreement to the contrary, the Government's rights with respect to such Software or
Documentation are limited by the terms of this Agreement, pursuant to FAR § 12.212(a) and its successor regulations and/or
DFARS § 227.7202-1(a) and its successor regulations, as applicable.
7
Limitation of Warranties. Licensee assumes responsibility for the selection of the Products to achieve Licensee's intended
results and for the installation and use of, and the results obtained from, the Products. Neither AirDefense nor any of its

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