Toshiba IP4100 Installation Manual page 11

(DEC 2007), FAR 52.227-14 (DEC 2007) including Alt. III, FAR 52.227-20, and DFARS 252.227-7015 as
applicable.
12. Severability. If any provision of this EULA shall be held to be invalid, illegal or unenforceable, the
validity, legality and enforceability of the remaining provisions hereof shall not in any way be affected or
impaired.
13. No Waiver. No waiver of any breach of any provision of this EULA shall constitute a waiver of any
prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be
effective unless made in writing and signed by an authorized representative of the waiving party. To the
extent the terms of any TAIS policies or programs for support services conflict with the terms of this
EULA, the terms of this EULA shall prevail.
14. Supplier Software. The Software may include certain software provided by TAIS suppliers. In such
event, you agree that such supplier may be designated by TAIS as a third party beneficiary of TAIS with
rights to enforce the EULA with respect to supplier's software.
15. MIB Download Confidentiality and Non Disclosure. Upon downloading any management-
information-base technical information and data (collectively, "MIB"), you agree that the MIB is for limited
use, only for implementation and use in connection with IPedge or CIX Strata. It may not be sold, shared,
or distributed by you, but may be shared with your own employees, consultants or third party developer(s)
who have a reasonable need to know said information, and are bound by the terms and conditions of this
Agreement. The MIB is considered proprietary and confidential information of TAIS and no rights, title or
interest are being transferred hereunder. When the purpose in which the MIB was intended is no longer
valid, the information shall be destroyed or returned to TAIS. Any unauthorized distribution, posting,
sharing, or publishing of the MIB is strictly prohibited. The obligation to maintain confidentiality of
information received hereunder, including code or MIB, will survive the expiration or termination of this
agreement by seven (7) years, or three (3) years from the date of the end of production of the product
(including succession products), whichever is longer.
16. Open Source Software. The Software may contain software files that are subject to certain open
source license agreements. The open source software files and additional terms and conditions may be
included in the TAIS Telecommunication Systems Division product general description, Internet website
or electronically within the product. The open source software files are provided "AS IS" to the maximum
extent permitted by applicable law. Please read the open source and third party software terms and
conditions carefully for relevant copyright and licensing terms.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS EULA AND THAT YOU UNDERSTAND ITS
PROVISIONS. YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER
AGREE THAT THIS EULA CONTAINS THE COMPLETE AND EXCLUSIVE AGREEMENT BETWEEN
YOU AND TAIS AND SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN,
OR ANY OTHER COMMUNICATION RELATING TO THE SUBJECT MATTER OF THIS EULA.
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