Navini Networks Ripwave 40-00097-00 - Manual (Page 39)

Navini Networks, Inc. Ripwave Modem User Guide
Part #40-00097-00 Rev E v1.0
July 30, 2003 39
2.7
Third Party Intellectual Property. Licensee acknowledges, understands and agrees that the
licensed Software covered by this License Agreement may contain Intellectual Property owned by Third
Parties and duly licensed to NAVINI NETWORKS, INC. Copyright, Patent and other laws protect Third
Party Intellectual Property manufactured with, marketed with, or otherwise bundled with the licensed
Software. Licensee promises to keep such Third Party Intellectual Property in confidence to the benefit
of the Third Party, agrees not to reverse engineer or otherwise decompile Third Party Intellectual
Property, and agrees to stop using, destroy and/or return such Third Party owned Intellectual Property
under the same terms and conditions as the licensed Software as set forth in this License Agreement. The
Third Party is a third party beneficiary under this License Agreement and may independently enforce its
Intellectual Property rights.
2.8
Remote Digital Access. Licensor reserves the right, but is not obligated to digitally access the
Modem and/or the Ripwave Software for the purposes of upgrading and maintaining the software.
3.
UPGRADES. If the SOFTWARE is labeled as an upgrade, you must be properly licensed to use a
product identified by NAVINI as being eligible for the upgrade in order to use the SOFTWARE
("Eligible Software"). SOFTWARE labeled as an upgrade replaces and/or supplements (and may
disable) the Eligible Software. You may use the resulting upgraded product only in accordance with the
terms of this AGREEMENT.
4.
COPYRIGHT. The SOFTWARE is provided with restrictive rights. All title and intellectual
property rights in and to the SOFTWARE (including but not limited to any images, photographs,
animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE), the
accompanying printed materials, and any copies of the SOFTWARE, are owned by NAVINI. All title
and intellectual property rights in and to the content that is not contained in the SOFTWARE but may be
accessed through use of the SOFTWARE and the MODEM is the product of the respective content
owner and may be protected by applicable copyright or other intellectual property laws and treaties. This
AGREEMENT grants you no rights to use such content. Use of any online services that may be accessed
through the SOFTWARE may be governed by the respective terms of use for such services. If this
SOFTWARE contains documentation that is provided only in electronic form, you may print one copy of
such electronic documentation. You may not copy the printed materials accompanying the SOFTWARE.
All rights not specifically granted under this AGREEMENT are reserved by NAVINI.
5.
PRODUCT SUPPORT. Product support for the SOFTWARE is not provided by NAVINI. For
product support, please refer to ASP's support number provided in their documentation.
6.
U.S. GOVERNMENT RESTRICTED RIGHTS. ALL SOFTWARE provided to the U.S.
Government pursuant to solicitations issued on or after December 1, 1995 is provided with the
commercial license rights and restrictions described elsewhere herein. ALL SOFTWARE provided to
the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with
“Restricted Rights” as provided for in FAR, 48 CFR 52.227-14 (June 1987) or DFAR, 48 CFR 252.227-
7013 (Oct 1988), as applicable.
7.
EXPORT RESTRICTIONS. You agree that you will not directly or indirectly export or re-export
the SOFTWARE (or portions thereof) to any proscribed country. You specifically agree not to export or