Eicon Networks S52 Betriebsanweisung PDF herunterladen (Seite 3)

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• You may transfer the Program, documentation and the license to another eligible party within Your Company if the other party agrees to accept the terms and conditions

of this Agreement. If You transfer the Program and documentation, You must at the same time either transfer all copies whether in printed or machine readable form to

the same party or destroy any copies not transferred; this includes all modifications and portions of the Program contained in or merged into other Programs;

• 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.

Right to Audit

If this Program is licensed for use in a Company, Your Company and You individually and collectively agree to keep all usual and proper records and books of accounts and

all usual proper entries relating to each installation of the Program during the term of this Agreement and for a period of three (3) years thereafter. During this period,

Dialogic may cause an audit to be made of the applicable records in order to verify Your compliance with this Agreement and prompt adjustment shall be made to compensate

for any errors or omissions disclosed by such audit. Any such audit shall be conducted by an independent certified public accountant selected by Dialogic and shall be

conducted during the regular business hours at Your offices and in such a manner as not to interfere with Your normal business activities. Any such audit shall be paid for

by Dialogic unless material discrepancies are disclosed. For such purposes, "material discrepancies" shall mean three percent (3%) or more of the Authorized Users within

the Company. If material discrepancies are disclosed, Your Company agrees to pay Dialogic for the costs associated with the audit as well as the license fees for the additional

licensed channels or additional authorized users. In no event shall audits be made more frequently than semi-annually unless the immediately preceding audit disclosed a

material discrepancy.

Supplementary Software

Any Supplementary Software provided with the Program and/or referred to in this Agreement is provided "as is" with no warranty of any kind.

Miscellaneous

You acknowledge that You have read this Agreement, that You understand it, and that You agree to be bound by its terms and conditions, and You further agree that this

is the complete and exclusive statement of the Agreement between the Dialogic and You ("the Parties"), which supersedes and merges all prior proposals, understandings

and all other agreements, oral and written, between the Parties relating to the Program. You agree to indemnify and hold harmless Dialogic and its subsidiaries, affiliates,

suppliers, officers, directors and employees from and against any claim, injury, loss or expense, including reasonable attorneys' fees, arising out of (i) Your failure to comply

with the provisions of this Agreement, or (ii) any other wrongful conduct by or on behalf of You. This Agreement applies to all updates, future releases, modifications and

portions of the Program contained in or merged into other programs. This Agreement may not be modified or altered except by written instrument duly executed by Dialogic.

No action, regardless of form, arising out of this Agreement or the use of the Program may be brought by You more than two (2) years after the cause of action has first

arisen. Except as provided herein, neither this Agreement nor any rights granted are assignable or transferable, and any assignment or transfer will be null and void. If

You authorize any other person to copy the Program, You shall obligate that person in writing to comply with all conditions of this Agreement. Dialogic shall have the right

to collect from You its reasonable expenses incurred in enforcing this agreement, including attorney's fees. The waiver or failure of Dialogic to exercise in any respect any

right provided for herein shall not be deemed a waiver of any further right hereunder. All rights and remedies, whether conferred hereunder or by any other instrument or

law, will be cumulative and may be exercised singularly or concurrently. Failure by either Dialogic or You to enforce any term or condition of the Agreement will not be

deemed a waiver of future enforcement of that or any other term or conditions. The terms and conditions stated herein are declared to be severable. Should any term(s)

or condition(s) of this Agreement be held to be invalid or unenforceable the validity, construction and enforceability of the remaining terms and conditions of this Agreement

shall not be affected. It is expressly agreed that Dialogic and You are acting as independent contractors under this Agreement. These terms and conditions will prevail

notwithstanding any different, conflicting or additional terms and conditions that may appear on any other agreement between Dialogic and You. Deviations from these

terms and conditions are not valid unless agreed to in writing in advance by an authorized representative of Dialogic. Any notices sent to Dialogic under this Agreement

must be sent by registered mail or courier to the attention of Dialogic's legal department at the address below or such other address as may be listed on www.dialogic.com

from time to time as being Dialogic's Montreal headquarters.

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