Bay networks, inc. software license agreement – Kingston Technology Bay Networks 2000 User Manual

Page 61

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Special Notices

55

Bay Networks, Inc. Software License Agreement

NOTICE: Please carefully read this license agreement before copying or using the accompanying
software or installing the hardware unit with pre-enabled software (each of which is referred to as
“Software” in this Agreement). BY COPYING OR USING THE SOFTWARE, YOU ACCEPT ALL OF
THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. THE TERMS EXPRESSED IN
THIS AGREEMENT ARE THE ONLY TERMS UNDER WHICH BAY NETWORKS WILL PERMIT
YOU TO USE THE SOFTWARE. If you do not accept these terms and conditions, return the product,
unused and in the original shipping container, within 30 days of purchase to obtain a credit for the full
purchase price.

1. License Grant. Bay Networks, Inc. (“Bay Networks”) grants the end user of the Software (“Licensee”)
a personal, nonexclusive, nontransferable license: a) to use the Software either on a single computer or, if
applicable, on a single authorized device identified by host ID, for which it was originally acquired; b) to
copy the Software solely for backup purposes in support of authorized use of the Software; and c) to use
and copy the associated user manual solely in support of authorized use of the Software by Licensee. This
license applies to the Software only and does not extend to Bay Networks Agent software or other Bay
Networks software products. Bay Networks Agent software or other Bay Networks software products are
licensed for use under the terms of the applicable Bay Networks, Inc. Software License Agreement that
accompanies such software and upon payment by the end user of the applicable license fees for such
software.

2. Restrictions on use; reservation of rights. The Software and user manuals are protected under copyright
laws. Bay Networks and/or its licensors retain all title and ownership in both the Software and user manuals,
including any revisions made by Bay Networks or its licensors. The copyright notice must be reproduced
and included with any copy of any portion of the Software or user manuals. Licensee may not modify,
translate, decompile, disassemble, use for any competitive analysis, reverse engineer, distribute, or create
derivative works from the Software or user manuals or any copy, in whole or in part. Except as expressly
provided in this Agreement, Licensee may not copy or transfer the Software or user manuals, in whole or in
part. The Software and user manuals embody Bay Networks’ and its licensors’ confidential and proprietary
intellectual property. Licensee shall not sublicense, assign, or otherwise disclose to any third party the
Software, or any information about the operation, design, performance, or implementation of the Software
and user manuals that is confidential to Bay Networks and its licensors; however, Licensee may grant
permission to its consultants, subcontractors, and agents to use the Software at Licensee’s facility, provided
they have agreed to use the Software only in accordance with the terms of this license.

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