EXFO MaxTester Series - Manual (Page 3)

MaxTester Series iii
End-User License Agreement
You have acquired a device ("DEVICE") that includes software licensed by EXFO Inc. (EXFO) from an affiliate of Microsoft
Corporation ("MS"). Those installed software products of MS origin, as well as associated media, printed materials, and
"online" or electronic documentation ("SOFTWARE") are protected by international intellectual property laws and treaties.
Manufacturer, MS and its suppliers (including Microsoft Corporation) own the title, copyright, and other intellectual property
rights in the SOFTWARE. The SOFTWARE is licensed, not sold. All rights reserved.
This EULA is valid and grants the end-user rights ONLY if the SOFTWARE is genuine and a genuine Certificate of Authenticity
for the SOFTWARE is included. For more information on identifying whether your software is genuine, please see
http://www.microsoft.com/piracy/howtotell.
IF YOU DO NOT AGREE TO THIS END USER LICENSE AGREEMENT ("EULA"), DO NOT USE THE DEVICE OR COPY THE
SOFTWARE. INSTEAD, PROMPTLY CONTACT EXFO FOR INSTRUCTIONS ON RETURN OF THE UNUSED DEVICE(S) FOR A
REFUND. ANY USE OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO USE ON THE DEVICE, WILL CONSTITUTE
YOUR AGREEMENT TO THIS EULA (OR RATIFICATION OF ANY PREVIOUS CONSENT).
GRANT OF SOFTWARE LICENSE. This EULA grants you the following license:
 You may use the SOFTWARE only on the DEVICE.
 Restricted Functionality. You are licensed to use the SOFTWARE to provide only the limited functionality (specific tasks
or processes) for which the DEVICE has been designed and marketed by EXFO. This license specifically prohibits any
other use of the software programs or functions, or inclusion of additional software programs or functions that do not
directly support the limited functionality on the DEVICE. Notwithstanding the foregoing, you may install or enable on a
DEVICE, systems utilities, resource management or similar software solely for the purpose of administration,
performance enhancement and/or preventive maintenance of the DEVICE.
 If you use the DEVICE to access or utilize the services or functionality of Microsoft Windows Server products (such as
Microsoft Windows Server 2003), or use the DEVICE to permit workstation or computing devices to access or utilize the
services or functionality of Microsoft Windows Server products, you may be required to obtain a Client Access License for
the DEVICE and/or each such workstation or computing device. Please refer to the end user license agreement for your
Microsoft Windows Server product for additional information.
 NOT FAULT TOLERANT. THE SOFTWARE IS NOT FAULT TOLERANT. EXFO HAS INDEPENDENTLY DETERMINED HOW TO
USE THE SOFTWARE IN THE DEVICE, AND MS HAS RELIED UPON EXFO TO CONDUCT SUFFICIENT TESTING TO
DETERMINE THAT THE SOFTWARE IS SUITABLE FOR SUCH USE.
 NO WARRANTIES FOR THE SOFTWARE. THE SOFTWARE is provided "AS IS" and with all faults. THE ENTIRE RISK AS TO
SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT (INCLUDING LACK OF NEGLIGENCE) IS WITH YOU.
ALSO, THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE OR AGAINST
INFRINGEMENT. IF YOU HAVE RECEIVED ANY WARRANTIES REGARDING THE DEVICE OR THE SOFTWARE, THOSE
WARRANTIES DO NOT ORIGINATE FROM, AND ARE NOT BINDING ON, MS.
 No Liability for Certain Damages. EXCEPT AS PROHIBITED BY LAW, MS SHALL HAVE NO LIABILITY FOR ANY
INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE
USE OR PERFORMANCE OF THE SOFTWARE. THIS LIMITATION SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS
ESSENTIAL PURPOSE. IN NO EVENT SHALL MS BE LIABLE FOR ANY AMOUNT IN EXCESS OF U.S. TWO HUNDRED
FIFTY DOLLARS (U.S.$250.00).
 Restricted Uses. The SOFTWARE is not designed or intended for use or resale in hazardous environments requiring
fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air
traffic control, or other devices or systems in which a malfunction of the SOFTWARE would result in foreseeable risk of
injury or death to the operator of the device or system, or to others.
 Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or
disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law
notwithstanding this limitation.
 SOFTWARE as a Component of the DEVICE - Transfer. This license may not be shared, transferred to or used
concurrently on different computers. The SOFTWARE is licensed with the DEVICE as a single integrated product and may
only be used with the DEVICE. If the SOFTWARE is not accompanied by a DEVICE, you may not use the SOFTWARE. You
may permanently transfer all of your rights under this EULA only as part of a permanent sale or transfer of the DEVICE,
provided you retain no copies of the SOFTWARE. If the SOFTWARE is an upgrade, any transfer must also include all prior
versions of the SOFTWARE. This transfer must also include the Certificate of Authenticity label. The transfer may not be
an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the SOFTWARE must agree to all
the EULA terms.
 Consent to Use of Data. You agree that MS, Microsoft Corporation and their affiliates may collect and use technical
information gathered in any manner as part of product support services related to the SOFTWARE. MS, Microsoft
Corporation and their affiliates may use this information solely to improve their products or to provide customized
services or technologies to you. MS, Microsoft Corporation and their affiliates may disclose this information to others, but
not in a form that personally identifies you.