Dialogic 4000 - Manual (Page 4)

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• You shall not remove, and each copy of the Program shall contain, the same copyright, proprietary, patent and/or other
applicable intellectual property or other ownership notices, plus any restricted rights legends that appear in the Program
and/or this Agreement and, if You copy the Program onto media to which a label may be attached, You shall attach a label
to the media that includes all such notices and legends that appear on the Program master disk and envelope;
• You may not rent or lease the Program. You may not reverse engineer, decompile or disassemble the Program. Except as
is strictly necessary for You to integrate the Program with other software and/or hardware to produce the Licensed Systems,
You shall not copy, modify or reproduce the Program or documentation in any way. You shall use Your best efforts to ensure
that any user of the Program does not reverse engineer, decompile or disassemble the Program to derive a source code
equivalent of the Program;
• If You transfer possession of any copy, modification or merged portion of the Program or documentation to another party
in any way other than as expressly permitted in this Agreement, this license is immediately and automatically terminated;
• The Program may be used only in conjunction with Dialogic hardware;
• The Program shall not be exported or re-exported in violation of any export provisions of the United States or any other
applicable jurisdiction.
Upgrades
If the Program is provided as an upgrade and the upgrade is an upgrade from another product licensed to You and Your
Authorized Users by Dialogic, the upgrade is governed by the license agreement earlier provided with that software product
package and the present Agreement does not grant You additional license(s).
Term
The Agreement is effective until terminated. You may terminate it at any time by notifying Dialogic and/or by destroying the
Program and all accompanying documentation together with all copies, modifications and merged portions in any form. The
Agreement will also terminate automatically upon the occurrence or lack of occurrence of certain terms and/or conditions set
forth in this Agreement, or if You fail to comply with any term or condition of this Agreement. You agree that upon any such
termination You shall destroy or return to Dialogic the Program and all accompanying documentation supplied by Dialogic,
together with any and all copies, modifications and merged portions in any form. All provisions of this Agreement relating to
disclaimers of warranties, limitation of liability, remedies, or damages, and licensor's proprietary rights shall survive
termination.
Limited Warranty
Dialogic solely warrants the media on which the Program is furnished to You to be free from defects in materials and
workmanship under normal use for a period of ninety (90) days from the date of purchase by You as evidenced by a copy of
Your receipt. If such a defect appears within the warranty period, You may return the defective media to Dialogic for replacement
without charge provided Dialogic, in good faith, determines that it was defective in materials or workmanship. Replacement
is Your sole remedy with respect to such a defect. Dialogic offers no warranty for Your reproduction of the Program. This
Limited Warranty is void if failure of the Program has resulted from accident, misuse, abuse or misapplication.
Disclaimers, Limitations of Liability and Customer Remedies
Except as set forth in the "Limited Warranty" Section of this Agreement, the Program and accompanying documentation are
provided to You "as is." Neither Dialogic, its subsidiaries, its suppliers, nor its licensor(s) (if any) warrants that the Program
will meet Your requirements or that its use will be uninterrupted or error-free. Except as set forth in the "Limited Warranty"
Section, EACH OF DIALOGIC, ITS SUBSIDIARIES, ITS SUPPLIERS AND ITS LICENSOR(S) (IF ANY) DISCLAIMS ANY AND ALL
REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROGRAM AND ACCOMPANYING
DOCUMENTATION, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR AGAINST LATENT DEFECTS. Except as set forth in the "Limited Warranty" Section,
neither Dialogic, its subsidiaries, its suppliers, nor its licensor(s) (if any) shall have any liability to You or any third party for
any claim, loss or damage of any kind, including but not limited to lost business profits, business interruption, loss of
information, or other pecuniary loss and indirect, punitive, incidental, economic, consequential or special damages, arising
out of or in connection with this Agreement and/or the use, inability to use the Program and/or the Program's performance
or inability to perform nor from or in connection with the Program's accompanying documentation, or any data or equipment
related thereto or used in connection therewith. In no event shall Dialogic's, its subsidiaries', its suppliers' or its licensor(s)'s
liability for damages, whether arising out of contract, negligence, warranty, or patent or copyright infringement, exceed the
fees You paid for the Program. No representation or warranty regarding the Program may be made without Dialogic's, its
subsidiaries', its suppliers', or its licensor(s)'s (if any) prior written consent, and any warranty or representation made by You
or Your customers regarding the Program shall not constitute an obligation of Dialogic, its subsidiaries, its suppliers, or other
licensor(s) (if any). This limited warranty gives You specific legal rights. You may have other rights, which may vary from
jurisdiction to jurisdiction. Also, as some jurisdictions do not allow the exclusion or limitation for certain damages, some of
the above limitations may not apply to You.