Telect MIX 56 - Manual (Page 3)

122188-10 A0 Telect, Inc. iii
Out-of-Warranty Repairs
If the product warranty has expired or if the product does not qualify for warranty service, you will be charged a ser-
vice fee. Out-of-warranty service will be performed only after receipt of payment. Please call the Telect, Inc. sales de-
partment at 800.551.4567 to inquire about current charges. NO SERVICE WILL BE PROVIDED UNLESS A RE-
TURN MATERIAL AUTHORIZATION (RMA) NUMBER HAS BEEN ISSUED.
Limitation of Liability
Neither Telect, Inc. nor their authorized distributors/dealers shall be liable for any defect, indirect, incidental, special
or consequential damages, whether in an action in contract or tort (including negligence and strict liability), such as,
but not limited to, loss of anticipated profits or benefits resulting from the use of the product or any breach of any
warranty, even if Telect or its authorized distributors/dealers have been advised of the possibility of such damages. In
no event will Telect or their authorized distributors/dealers’ liability exceed the price paid for this MIX 56 product.
Some countries do not allow the exclusion or limitation of incidental or consequential damages, and in such a case,
the above limitation may not apply to you.
SOFTWARE LICENSE AGREEMENT
This Software License Agreement (“Agreement”) between Telect, Inc. (“Telect”) and Licensee (“Licensee”) hereby
grants to Licensee a nontransferable, nonexclusive license to use the software incorporated with the Telect MIX 56
M13 Multiplexer/X-Connect system (“Product”) identified above, including the computer software and any associat-
ed media and printed materials (“Software”) for its internal business purposes subject to the following terms, condi-
tions, and restrictions:
1. License
a. The license granted herein authorizes the Licensee, its authorized employees and any agents or contractors using
the Software in the performance of service for Licensee, to use the Software solely in conjunction with the operation
of the Product as specified in the Software documentation set forth in the Product user’s manual.
b. Neither the Software nor any part or portion thereof may be sublicensed, copied, reproduced or duplicated by any
means, or translated into machine language, without the prior express written permission of Telect, except that Lic-
ensee may make those copies of the Software necessary for nonproductive back-up purposes only. Further, Licensee
shall not compile, decompile, or reverse engineer the Software nor use the Software to develop derivative works or
commercially competitive products. Any attempts to do so shall be a breach of this Agreement.
c. Except as set forth in Section 1, use of or access to the Software in any manner by any person not employed by, or
under written contract with the Licensee is prohibited.
d. The right of the Licensee to use the Software under the terms of this Agreement shall commence on the date of pur-
chase of Product by Licensee and shall continue perpetually, provided Licensee complies with the terms and condi-
tions of this Agreement.
2. Title
The Software, enhancements, revisions, updates, upgrades, modifications, and derivative works thereto, custom pro-
gramming, and all other items delivered by Telect under this Agreement, and all copyright, patent, and other intellec-
tual property rights therein: (i) are owned or licensed by and are proprietary to Telect or its licensors and (ii) consti-
tute commercially valuable trade secrets of Telect or its licensors.
3. Warranty
Telect represents and warrants to Licensee that, during warranty period for Product, the Software will perform sub-
stantially in accordance with the accompanying documentation and further warrants that the media, as originally de-
livered, shall be free from defects in materials and workmanship.