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Maxtester series – EXFO MaxTester Series User Manual

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iv

MaxTester Series

Internet Gaming/Update Features. If the SOFTWARE provides, and you choose to utilize, the Internet gaming or update

features within the SOFTWARE, it is necessary to use certain computer system, hardware, and software information to

implement the features. By using these features, you explicitly authorize MS, Microsoft Corporation and/or their

designated agent to use this information solely to improve their products or to provide customized services or

technologies to you. MS or Microsoft Corporation may disclose this information to others, but not in a form that personally

identifies you.

Internet-Based Services Components. The SOFTWARE may contain components that enable and facilitate the use of

certain Internet-based services. You acknowledge and agree that MS, Microsoft Corporation or their affiliates may

automatically check the version of the SOFTWARE and/or its components that you are utilizing and may provide

upgrades or supplements to the SOFTWARE that may be automatically downloaded to your DEVICE. Microsoft

Corporation or their affiliates do not use these features to collect any information that will be used to identify you or

contact you. For more information about these features, please see the privacy statement at

http://go.microsoft.com/fwlink/?LinkId=25243

.

Links to Third Party Sites. You may link to third party sites through the use of the SOFTWARE. The third party sites are

not under the control of MS or Microsoft Corporation, and MS or Microsoft are not responsible for the contents of any third

party sites, any links contained in third party sites, or any changes or updates to third party sites. MS or Microsoft

Corporation is not responsible for webcasting or any other form of transmission received from any third party sites. MS or

Microsoft Corporation are providing these links to third party sites to you only as a convenience, and the inclusion of any

link does not imply an endorsement by MS or Microsoft Corporation of the third party site.

Notice Regarding Security. To help protect against breaches of security and malicious software, periodically back up

your data and system information, use security features such as firewalls, and install and use security updates.

No Rental/Commercial Hosting. You may not rent, lease, lend or provide commercial hosting services with the

SOFTWARE to others.

Separation of Components. The SOFTWARE is licensed as a single product. Its component parts may not be separated

for use on more than one computer.

Additional Software/Services. This EULA applies to updates, supplements, add-on components, product support

services, or Internet-based services components ("Supplemental Components"), of the SOFTWARE that you may obtain

from EXFO, MS, Microsoft Corporation or their subsidiaries after the date you obtain your initial copy of the SOFTWARE,

unless you accept updated terms or another agreement governs. If other terms are not provided along with such

Supplemental Components and the Supplemental Components are provided to you by MS, Microsoft Corporation or their

subsidiaries then you will be licensed by such entity under the same terms and conditions of this EULA, except that (i)

MS, Microsoft Corporation or their subsidiaries providing the Supplemental Components will be the licensor with respect

to such Supplemental Components in lieu of the "COMPANY" for the purposes of the EULA, and (ii) TO THE MAXIMUM

EXTENT PERMITTED BY APPLICABLE LAW, THE SUPPLEMENTAL COMPONENTS AND ANY (IF ANY) SUPPORT SERVICES

RELATED TO THE SUPPLEMENTAL COMPONENTS ARE PROVIDED AS IS AND WITH ALL FAULTS. ALL OTHER

DISCLAIMERS, LIMITATION OF DAMAGES, AND SPECIAL PROVISIONS PROVIDED BELOW AND/OR OTHERWISE WITH

THE SOFTWARE SHALL APPLY TO SUCH SUPPLEMENTAL COMPONENTS. MS, Microsoft Corporation or their subsidiaries

reserve the right to discontinue any Internet-based services provided to you or made available to you through the use of

the SOFTWARE.

Recovery Media. If SOFTWARE is provided by EXFO on separate media and labeled "Recovery Media" you may use the

Recovery Media solely to restore or reinstall the SOFTWARE originally installed on the DEVICE.

Backup Copy. You may make one (1) backup copy of the SOFTWARE. You may use this backup copy solely for your

archival purposes and to reinstall the SOFTWARE on the DEVICE. Except as expressly provided in this EULA or by local

law, you may not otherwise make copies of the SOFTWARE, including the printed materials accompanying the

SOFTWARE. You may not loan, rent, lend or otherwise transfer the backup copy to another user.

End User Proof of License. If you acquired the SOFTWARE on a DEVICE, or on a compact disc or other media, a genuine

Microsoft "Proof of License"/Certificate of Authenticity label with a genuine copy of the SOFTWARE identifies a licensed

copy of the SOFTWARE. To be valid, the label must be affixed to the DEVICE, or appear on [COMPANY's] software

packaging. If you receive the label separately other than from EXFO, it is invalid. You should keep the label on the DEVICE

or packaging to prove that you are licensed to use the SOFTWARE.

Product Support. Product support for the SOFTWARE is not provided by MS, Microsoft Corporation, or their affiliates or

subsidiaries. For product support, please refer to EXFO support number provided in the documentation for the DEVICE.

Should you have any questions concerning this EULA, or if you desire to contact EXFO for any other reason, please refer

to the address provided in the documentation for the DEVICE.

Termination. Without prejudice to any other rights, EXFO may terminate this EULA if you fail to comply with the terms

and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE and all of its component parts.

EXPORT RESTRICTIONS. You acknowledge that SOFTWARE is subject to U.S. and European Union export jurisdiction.

You agree to comply with all applicable international and national laws that apply to the SOFTWARE, including the U.S.

Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other

governments. For additional information see

http://www.microsoft.com/exporting/

.