Aviom Pro64 Network Manager - Manual (Page 157)

148 P
ro
64 N
etwork
M
aNager
U
ser
g
Uide
SOFTWARE LICENSE AGREEMENT
This software license agreement (this “Agreement”) is made by and between AVIOM, INC., a
Delaware corporation (“Aviom”), and the individual or entity desiring to install or use the Software (as
defined below) (“Licensee”). By clicking the “I Agree” button, Licensee: (1) represents that Licensee has
read this Agreement in its entirety and understand its terms and conditions; and (2) agrees to each of the
terms and conditions of this Agreement. If you do not agree to each of the terms and conditions of this
Agreement, then you must click the “I Decline” button and you may not install or use the Software
.
d
eFiNitioNs
.
“A
viom
P
roduct
”
shaLL MeaN the ProdUCt oF
a
vioM iNto whiCh the
F
irMware is iNteNded
to be iNstaLLed
.
“ (a) Firmware” shall mean the firmware provided by Aviom that is intended to be installed
into a specific product of Aviom.
“ (b) Installation Software” shall mean the software provided by Aviom to enable Licensee to
install the Firmware into the Aviom Product.
“ (c) Software” shall mean both the Installation Software and the Firmware, collectively.
Grant of License 1.
. Subject to the terms and conditions of this Agreement, Aviom grants Licensee
a limited, non-exclusive license to the object code version of the Software (the “License”). The License
permits Licensee to install and use the Installation Software on a single workstation and use the Installation
Software to flash the Firmware into the Aviom Product(s). The License also grants Licensee the right to use
the Firmware on all Aviom Products owned by Licensee. Licensee may also use the documentation included
with the Software, if any, (e.g. help files, release notes, and readme.txt files) (collectively, “Documentation”)
as is reasonable and necessary for Licensee to use the Software.
Compensation 2. . There is no charge for use of the Software by Licensee under the terms and
conditions of this Agreement.
Ownership 3. . Licensee acknowledges that: (a) the Software is and shall remain the exclusive
property of Aviom and Aviom’s successors and assigns; (b) Licensee has no right or interest in the Software
or the Documentation other than as expressly granted in this Agreement; (c) nothing in this Agreement shall
be construed as a sale of the Software or the Documentation to Licensee; and (d) all intellectual property
rights shall remain with Aviom and the Agreement shall not transfer any intellectual property rights in, or
associated with, Software or the Documentation to Licensee.
Transfer of License; Copy Protection 4. . Licensee may not rent, loan, transfer, sublicense, lease or
otherwise distribute or operate all or any part of the Software to or for the benefit of any third party. Licensee
may not assign all or any part of its rights or obligations under this Agreement without Aviom’s prior written
consent and any attempt to the contrary will be void and a material breach of this Agreement. Aviom may
withhold such consent in its sole discretion.
Other Restrictions. Licensee may not reverse engineer, decompile, disassemble, modify or create derivative
works of all or any part of the Software or otherwise derive the source code to all or any part of the Software.
Without limiting the generality of the foregoing, Licensee shall not use a debugging tool to examine, operate
or alter all or any part of the Software or run all or any part of the Software through a disassembly or source
extraction system of any kind or create any derivative work of all or any part of the Software. Licensee
agrees that any information obtained in violation of the restrictions as set forth in this Section 6 will be
Confidential Information automatically and irrevocably deemed assigned to and owned exclusively by