Clear-Com Eclipse-Omega - Manual (Page 3)

Clear-Com
End User Software License i
Clear-Com
End User Software License
IMPORTANT: CAREFULLY READ THE FOLLOWING BEFORE
USING THIS SOFTWARE. USING THE SOFTWARE INDICATES
YOUR ACKNOWLEDGMENT THAT YOU HAVE READ THE
FOLLOWING AND AGREE TO ITS TERMS.
IF YOU DO NOT AGREE, RETURN THE SOFTWARE COMPLETE
TO CLEAR-COM OR YOUR CLEAR-COM REPRESENTATIVE AND
CANCEL THE INSTALLATION.
THIS IS YOUR PROOF THAT YOU HAVE A VALID LICENSE.
PLEASE TREAT IT AS VALUABLE PROPERTY.
HME CLEAR-COM LIMITED OR CLEAR-COM LLC., as the case
may be (hereinafter referred to as “CLEAR-COM”), offers you this
storage media containing a computer program and files (the
“SOFTWARE”) and offers to grant to you a non-exclusive and
non-transferable License to use the Software on the following
terms. Any new revision or update of the Software provided by
CLEAR-COM to Customer under this License shall be governed
by the terms and conditions of this License.
1. APPLICATION
a. These terms supersede all prior agreements representations
and understandings between you the Customer and Clear-Com
and their authorised representatives relating to the subject
matter hereof (i.e., the Software) but shall otherwise be subject
to Clear-Com Terms and Conditions, as amended from time to
time. For the avoidance of doubt, in the event of conflict, these
terms shall prevail.
b. No variation to these terms, nor any other terms or conditions
proposed by you, shall be of any effect unless recorded in a
written document signed by Clear-Com. You confirm that any
statement made to the contrary by you or on your behalf shall
not apply to this License.
c. You confirm that you are not relying on any statement made by
or on behalf of Clear-Com, other than statements recorded in a
written document signed by Clear-Com.
d. Clear-Com and its licensors reserve all rights not expressly
granted to you. Clear-Com's licensors are intended third party
beneficiaries of this Agreement and have the express right to
rely upon and directly enforce the terms set forth herein.
e. You agree that the Software belongs to Clear-Com and its
licensors. You agree that you neither own nor hereby acquire
any claim or right of ownership to the Software or to any related
patents, copyrights, trademarks or other intellectual property.