Navini Networks RIPWAVE 40-00460-00R - Manual (Page 33)

Navini Networks, Inc. PMX User’s Guide
2.5 Suitability.
a.
Buyer alone is responsible for determining which software best suits Buyer’s
needs, for installing and operating the Software, and for the results obtained.
Accordingly, each Buyer should determine its needs, and evaluate the Software’s
capabilities before making a final decision about licensing the software.
b. Navini Networks, Inc. makes no representation that the Software conforms to or
satisfies any federal, state, or local laws. Buyer is encouraged to engage
professional assistance from attorneys and engineers to evaluate the suitability of
the Software for Buyer’s use.
c. Navini Networks, Inc. makes no claims that the Software is suitable for Buyer’s
intended purposes.
2.6
Remote Digital Access. Navini Networks, Inc. reserves the right, but is not obligated to
digitally access the Software for the purposes of upgrading and maintaining the Software.
2.7 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
ARTICLE 3
TRADE SECRETS
3.1 Trade Secret. Navini Networks, Inc. considers the licensed Software covered by this
License Agreement to be a trade secret. Navini Networks, Inc. does not disclose any
information to Navini Networks, Inc. competitors or potential competitors. Buyer shall
not disclose any design, code, or technological know-how gained by access to the
Software to Licensor’s competitors. Buyer shall not use design, code, or documentation
gained by access to the Software to develop a similar technology or a competing software
product. To attempt to or to do so, the Parties acknowledge, understand and agree,
constitute a material breach of this License Agreement.
3.2 Third Party Intellectual Property. Buyer 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. Buyer 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.
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