Toshiba IP4100 Installation Manual page 8

TOSHIBA AMERICA INFORMATION SYSTEMS, INC.
End User License Agreement
Toshiba America Information Systems, Inc.
Telecommunication Systems Division
9740 Irvine Boulevard
Irvine, California 92618-1697
United States of America
IMPORTANT: THIS END USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT
BETWEEN YOU ("YOU") AND TOSHIBA AMERICA INFORMATION SYSTEMS, INC. ("TAIS").
CAREFULLY READ THIS EULA. USE OF ANY PROPRIETARY TOSHIBA AND THIRD PARTY
SOFTWARE OR ANY RELATED DOCUMENTATION PRE-INSTALLED ON, OR SHIPPED WITH, A
TAIS TELECOMMUNICATION SYSTEMS PRODUCT OR OTHERWISE MADE AVAILABLE TO YOU BY
TAIS IN WHATEVER FORM OR MEDIA (COLLECTIVELY, "SOFTWARE"), WILL CONSTITUTE YOUR
ACCEPTANCE OF THESE TERMS. IF SEPARATE TERMS ARE PROVIDED BY THE SOFTWARE
SUPPLIER, THE TERMS OF THIS EULA THAT ARE NOT INCONSISTENT WITH THOSE SEPARATE
TERMS WILL CONTINUE TO BE APPLICABLE. IF YOU DO NOT AGREE WITH THE TERMS OF THIS
EULA, DO NOT INSTALL, COPY, OR USE THE SOFTWARE AND PROMPTLY RETURN IT TO THE
TAIS AUTHORIZED CHANNEL FROM WHICH YOU OBTAINED IT IN ACCORDANCE WITH
APPLICABLE RETURN POLICIES. EXCEPT AS OTHERWISE AUTHORIZED IN WRITING BY TAIS,
THIS SOFTWARE IS LICENSED FOR DISTRIBUTION THROUGH AN AUTHORIZED CHANNEL ONLY
TO AN END-USER PURSUANT TO THIS EULA. "AUTHORIZED CHANNEL" MEANS TAIS OR A
DEALER AUTHORIZED BY TAIS TO PROVIDE TAIS HARDWARE AND/OR SOFTWARE TO END
USERS. TAIS IS WILLING TO LICENSE THIS SOFTWARE TO YOU ONLY UPON THE CONDITION
THAT YOU OBTAINED THE SOFTWARE FROM AN AUTHORIZED CHANNEL AND ACCEPT ALL
TERMS OF THIS EULA.
1. License Grant. The Software is not sold; it is licensed upon payment of applicable charges. TAIS
grants to you a non-transferable and non-exclusive right to use with a TAIS telecommunication systems
product the copy of the Software provided under this EULA that you have obtained from an Authorized
Channel. With respect to third party Software, TAIS is only passing along license rights which may be
granted by the owner or licensor of the Software and TAIS does not separately license these rights to
you. Each copy of the Software is owned by TAIS and/or its suppliers. You agree you will not copy the
Software except as necessary to 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 of the Software violates this EULA shall promptly surrender possession of the
Software to TAIS, upon demand. Furthermore, you hereby agree not to create derivative works based on
the Software. TAIS reserves the right to terminate this license and to immediately repossess the Software
in the event that you or any other person violates this EULA.
2. Software Support and Upgrade Service. NOT WITHSTANDING ANY OTHER PROVISION OF THIS
EULA, YOU HAVE NO LICENSE OR RIGHT TO ANY SOFTWARE SUPPORT AND UPGRADE
SERVICE, UNLESS YOU HOLD A VALID LICENSE TO THE ORIGINAL SOFTWARE AND HAVE PAID
THE APPLICABLE FEE TO AN AUTHORIZED CHANNEL FOR THE SOFTWARE SUPPORT AND
UPGRADE SERVICE. USE OF SOFTWARE SUPPORT AND UPGRADE SERVICE IS LIMITED TO
TAIS TELECOMMUNICATION SYSTEMS PRODUCT SUPPLIED BY AN AUTHORIZED CHANNEL FOR