EXFO EXpert VoIP Test Tools - Manual (Page 3)

102 EXpert VoIP Test Tools
Licence Agreement and Warranty
IMPORTANT: CAREFULLY READ THE FOLLOWING LICENSE AGREEMENT BEFORE OPENING THIS INSTALLATION PACKAGE.
BY OPENING THIS PACKAGE AND USING THE SOFTWARE WHETHER INCORPORATED OR NOT IN AN EXFO INC. ("EXFO")
PRODUCT, YOU INDICATE YOUR ACCEPTANCE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF
YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, DO NOT OPEN THIS PACKAGE AND
PROMPTLY RETURN THE PRODUCT OR SOFTWARE WITH YOUR PROOF OF PAYMENT, WHEREUPON YOUR MONEY WILL
BE REFUNDED.
THE PRODUCT OR SOFTWARE YOU ORDERED MIGHT INCLUDE SOURCE CODE AND/OR SOFTWARE COMPONENTS, IT IS
PROVIDED FOR YOUR CONVENIENCE IN MODIFYING THE PRODUCT OR SOFTWARE TO SUIT YOUR SPECIFIC NEEDS, OR
TO CREATE DERIVATIVE WORKS INCLUDING SOURCE AND LIBRARY FILES IF APPLICABLE.
THE PRODUCT AND THE SOFTWARE MUST BE USED ONLY FOR YOUR INTERNAL BUSINESS OPERATION AND ITS INTENDED
APPLICATION. YOU MAY NOT COPY OR USE THE SOURCE CODE OR THE SOFTWARE COMPONENTS TO PRODUCE OTHER
SOFTWARE DEVELOPMENT TOOLS FOR DISTRIBUTION AND RESALE WITHOUT EXPRESS WRITTEN PERMISSION FROM
EXFO. EXFO RETAINS ALL RIGHTS TO THE SOURCE CODE, THE SOFTWARE COMPONENTS AND ALL MODIFICATIONS
THEREOF. YOU SHALL RESPECT AND COMPLY WITH ANY OF THE PROVISIONS LISTED BELOW WHICH MAY ALSO BENEFIT
ANY GIVEN THIRD PARTY BENEFICIARY AS DEFINED HEREIN.
1. DEFINITIONS: The following definitions apply to the terms in the Agreement.
"Documentation" means the user’s manual and other printed materials accompanying the Software.
"Product" means the EXFO instrument designed for use with the Software, as the case may be.
"Software" means the computer programs, source code and software components contained therein and all updates and
upgrades thereto. The term also includes all copies of any part of the computer program, source code or software
components.
2. GRANT OF LICENSE: EXFO grants to you, the purchaser of the enclosed Software, a limited, restricted, non-exclusive
license. You shall use the Software only in conjunction with its purpose or in conjunction with the Product, subject to the
limitations on use and disclosure contained herein and in the Documentation. You may:
 Use the Software on a network, file service or virtual disk; provided that access is limited to one user at a time and that
you have the original copy of the Documentation and Software media.
 Make one (1) copy of the Software for backup or modification purposes in support of the use of the Software on a single
computer.
 Merge the Software or incorporate the same into another program provided that such a program will, for so long as the
Software is included therein, be subject to all of the terms and conditions of this Agreement.
You may not:
 Make copies of the Documentation.
 Assign, give or transfer the Software, any services or interests in the Software, to another individual or entity. Sublicense,
lease, time-share, service bureau, lend, use for subscription service or rental use any portion of the Product, the Software,
or your rights under this Agreement.
 Reverse engineering, disassemble or decompile in whole or in part the Software or the Product.
 Publish any result of benchmark tests run on the Software or the Product.
YOU RECOGNIZE THAT THE SOURCE CODE AND THE SOFTWARE COMPONENTS COMPRISING THE SOFTWARE ARE
HIGHLY VALUABLE TRADE SECRETS OF EXFO OR ANY GIVEN THIRD PARTY BENEFICIARY AND THAT EXFO WISHES TO
PREVENT THEIR DISCLOSURE TO YOU, OR ANY THIRD PARTY.
3. SOFTWARE OWNERSHIP: The Software is licensed, not sold. Title to the Software shall not be passed to you or to any other
party. All applicable rights to patents, copyrights, trademarks and trade secrets in the Software, or any modifications made at
your request, are and shall remain the property of EXFO.
4. AUDITS: EXFO reserves its right to audit, at its convenience, your use of the Software.
5. TERMS OF TERMINATION: This Agreement shall remain in full force and effect until you discontinue use of the Software or
the Product, until the end of the life of the Product or Software or until this Agreement is terminated, whichever occurs earlier.
Without prejudice to its other rights, EXFO may terminate this Agreement if you fail to comply with the terms thereof. In such
event, you must destroy or return all copies of the Software and Documentation as requested in writing by EXFO. You shall be
liable for all damages to EXFO as a result of the breach whether or not you were notify of the likelihood of such damages.
EXFO retains all rights to the Software not expressly granted hereunder. Nothing in this Agreement constitutes a waiver of the
rights of EXFO or any Third Party Beneficiary.