Toshiba IP4100 Installation Manual page 5

TOSHIBA AMERICA INFORMATION SYSTEMS, INC. ("TAIS")
Telecommunication Systems Division License Agreement
IMPORTANT: THIS LICENSE AGREEMENT ("AGREEMENT") IS A LEGAL AGREEMENT BETWEEN YOU ("YOU") AND TAIS. CAREFULLY READ
THIS LICENSE AGREEMENT. USE OF ANY SOFTWARE OR ANY RELATED INFORMATION (COLLECTIVELY, "SOFTWARE") INSTALLED ON OR
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CHANNELS ONLY TO END-USERS PURSUANT TO THIS LICENSE AGREEMENT.
1. License Grant. The Software is not sold; it is licensed upon payment of applicable charges. TAIS grants to you a personal, non-transferable and non-
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use it on one TAIS system at a time at one location. Modifying, translating, renting, copying, distributing, printing, sublicensing, transferring or assigning
all or part of the Software, or any rights granted hereunder, to any other persons and removing any proprietary notices, labels or marks from the Software
is strictly prohibited except as permitted by applicable law; you agree violation of such restrictions will cause irreparable harm to TAIS and provide
grounds for injunctive relief, without notice, against you or any other person in possession of the Software. You and any other person whose possession
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in the event that you or any other person violates this License Agreement. Execution of the Software for any additional capabilities require a valid run-
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and full ownership rights to the Software will remain the exclusive property of TAIS and/or its suppliers, and you will not acquire any rights to the
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prevent your employees and contractors from attempting to reverse compile, reverse engineer, modify, translate or disassemble the Software in whole or
in part. Any failure to comply with the above or any other terms and conditions contained herein will result in the automatic termination of this license and
the reversion of the rights granted hereunder back to TAIS.
4. Limited Warranty. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY
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2000 COMPLIANCE, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE
RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. NEITHER TAIS NOR ITS SUPPLIERS WARRANT THAT THE
FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE
UNINTERRUPTED OR ERROR-FREE. HOWEVER, TAIS WARRANTS THAT ANY MEDIA ON WHICH THE SOFTWARE IS FURNISHED IS FREE
FROM DEFECTS IN MATERIAL AND WORKMANSHIP UNDER NORMAL USE FOR A PERIOD OF NINETY (90) DAYS FROM THE DATE OF
DELIVERY TO YOU.
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TAIS' OPTION REPLACEMENT OF THE MEDIA OR REFUND OF THE PRICE PAID. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, IN NO EVENT SHALL TAIS OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT
DAMAGES FOR PERSONAL INJURY, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION/DATA,
OR ANY OTHER PECUNIARY LOSS OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF TAIS OR ITS
SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL TAIS OR ITS SUPPLIERS BE LIABLE FOR
ANY CLAIM BY A THIRD PARTY.
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HOW LONG AN IMPLIED WARRANTY MAY LAST, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
SUCH LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC RIGHTS AND YOU MAY
ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
7. Export Laws. This License Agreement involves products and/or technical data that may be controlled under the United States Export Administration
Regulations and may be subject to the approval of the United States Department of Commerce prior to export. Any export, directly or indirectly, in
contravention of the United States Export Administration Regulations, or any other applicable law, regulation or order, is prohibited.
8. Governing Law. This License Agreement will be governed by the laws of the State of California, United States of America, excluding its conflict of law
provisions.
9. United States Government Restricted Rights. The Software is provided with Restricted Rights. The Software and other materials provided hereunder
constitute Commercial Computer Software and Software Documentation and Technical Data related to Commercial Items. Consistent with F.A.R. 12.211
and 12.212 they are licensed to the U.S. Government under, and the U.S. Government's rights therein are restricted pursuant to, the vendor's
commercial license.
10. Severability. If any provision of this License Agreement 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.
11. No Waiver. No waiver of any breach of any provision of this License Agreement 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.
12. 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 Agreement with respect to supplier's software.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT AND THAT YOU UNDERSTAND ITS PROVISIONS. YOU AGREE TO
BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT THIS LICENSE AGREEMENT 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 LICENSE AGREEMENT.
Toshiba America Information Systems, Inc. - Telecommunication Systems Division
9740 Irvine Boulevard, Irvine, California 92618-1697, United States of America. DSD 020905