Riverstone Networks WICT1-12 - Manual (Page 8)

viii Riverstone Networks RS Switch Router User Guide Release 8.0
RIVERSTONE NETWORKS, INC.
STANDARD SOFTWARE LICENSE AGREEMENT
IMPORTANT: BEFORE UTILIZING THE PRODUCT, CAREFULLY READ THIS LICENSE
AGREEMENT.
This document is a legal agreement ("Agreement") between You, the end user, and Riverstone Networks, Inc. ("Riverstone"). BY
USING THE ENCLOSED SOFTWARE PRODUCT, YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDI-
TIONS OF THIS AGREEMENT AND THE RIVERSTONE STANDARD LIMITED WARRANTY, WHICH IS INCORPO-
RATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, RETURN THE
UNOPENED LICENSED MATERIALS, ALONG WITH THE HARDWARE PURCHASED IF PROVIDED ON SUCH HARD-
WARE, AND PROOF OF PAYMENT TO RIVERSTONE OR YOUR DEALER, IF ANY, WITHIN THIRTY (30) DAYS FROM
THE DATE OF PURCHASE FOR A FULL REFUND.
The parties further agree that this Agreement is between You and Riverstone, and creates no obligations to You on the part of Riv-
erstone's affiliates, subcontractors, or suppliers. You expressly relinquish any rights as a third party beneficiary to any agreements
between Riverstone and such parties, and waive any and all rights or claims against any such third party.
1. GRANT OF SOFTWARE LICENSE. Subject to the terms and conditions of this Agreement, Riverstone grants You the right
on a non-exclusive, basis for internal purposes only and only as expressly permitted by this Agreement
a. to use the enclosed software program (the "Licensed Software") in object code form on a single processing unit owned or
leased by You or otherwise use the software as embedded in equipment provided by Riverstone;
b. to use the Licensed Software on any replacement for that processing unit or equipment;
c. to use any related documentation (collectively with the Licensed Software the "Licensed Materials"), provided that You
may not copy the documentation;
d. to make copies of the Licensed Software in only the amount necessary for backup or archival purposes, or to replace a
defective copy; provided that You (i) have not more than two (2) total copies of the Licensed Software including the
original media without Riverstone's prior written consent, (ii) You operate no more than one copy of the Licensed
Software, (iii) and You retain all copyright, trademark and other proprietary notices on the copy.
2. RESTRICTION AGAINST COPYING OR MODIFYING LICENSED MATERIALS. All rights not expressly granted
herein are reserved by Riverstone or its suppliers or licensors. Without limiting the foregoing, You agree
a. to maintain appropriate records of the location of the original media and all copies of the Licensed Software, in whole or
in part, made by You;
b. not to use, copy or modify the Licensed Materials, in whole or in part, except as expressly provided in this Agreement;
c. not to decompile, disassemble, electronically transfer, or reverse engineer the Licensed Software, or to translate the
Licensed Software into another computer language; provided that, if You are located within a Member State of the
European community, then such activities shall be permitted solely to the extent, if any, permitted under Article 6 of the
Council Directive of 14 May 1991 on the legal protection of computer programs, and implementing legislations
thereunder.
3. TERM AND TRANSFER. You may transfer the License Materials with a copy of this Agreement to another party only on
a permanent basis in connection with the transfer to the same party of the equipment on which it is used, and only if the other
party accepts the terms and conditions of this Agreement. Upon such transfer, You must transfer all accompanying written
materials, and either transfer or destroy all copies of the Software. Any attempted transfer not permitted by this Agreement is
void. You may not lease or rent the License Materials. This Agreement is effective until terminated. You may terminate the
Agreement at any time by destroying or purging all copies of the Licensed Materials. This Agreement will terminate
automatically without notice from Riverstone if You fail to comply with any provision of this Agreement. Upon such
termination, You must destroy the Licensed Materials as set forth above. Sections 4, 5, 6, 7, 8, 9, and 10 shall survive
termination of this Agreement for any reason.
4. TITLE AND PROPRIETARY RIGHTS.
(a) The Licensed Materials are copyrighted works and/or trade secrets of Riverstone and are the sole and exclusive property
of Riverstone, any company or a division thereof which Riverstone controls or is controlled by, or which may result from
the merger or consolidation with Riverstone (its "Affiliates"), and/or their suppliers. This Agreement conveys a limited
right to operate the Licensed Materials and shall not be construed to convey title to the Licensed Materials to You.
(b) You acknowledge that in the event of a breach of this Agreement, Riverstone shall suffer severe and irreparable damages
for which monetary compensation alone will be inadequate. You agree that in the event of a breach of this Agreement,
Riverstone shall be entitled to monetary damages and its reasonable attorney's fees and costs in enforcing this Agreement,
as well as injunctive relief to restrain such breach, in addition to any other remedies available to Riverstone.