Eicon Networks V8.3 User Manual

Page 4

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• You transfer possession of any copy, modification or merged portion of the Program or

documentation to another party in any way other than as expressly permitted in this License
Agreement, this license is automatically terminated.

Upgrades

If the Program is provided as an upgrade and the upgrade is an upgrade from another software
product licensed to You and Your Authorized Users by Dialogic, the upgrade is governed by the
License Agreement earlier provided with that software product package and the present License
Agreement does not grant you additional license(s).

Third Party software application

The Program may contain certain software applications and portions of applications which are
provided to You under terms and conditions which are different from this Agreement (such as open
source or community source) or which require Dialogic to provide Customer and its Subsidiaries
with certain notices and/or information (collectively “Excluded Code”). Dialogic will identify such
Excluded Code in a text file or about box or in a file or files referenced thereby (and shall include
any associated license agreement, notices and other related information therein), or the Excluded
Code will contain or be accompanied by its own license agreement. Your use of the Excluded Code
will be subject to the terms and conditions of such other license agreement solely to the extent such
terms and conditions are inconsistent with the terms and conditions of this Agreement or are required
by such other license agreement. By using or not uninstalling such Excluded Code after the initial
installation of the Excluded Code you acknowledge and agree to all such license agreements,
notices and information.

Term

The license is effective until terminated. You may terminate it at any time by destroying the Program
and documentation together with all copies, modifications and merged portions in any form. It will
also terminate upon conditions set forth elsewhere in this Agreement or if you fail to comply with
any terms or conditions of this Agreement. You agree upon such termination to destroy the Program
and documentation together with all copies, modifications and merged portions in any form.

Limited Warranty

The only warranty Dialogic makes is that the medium on which the Program is recorded will be
replaced without charge if Dialogic, in good faith, determines that it was defective in materials or
workmanship and if returned to your supplier with a copy of your receipt within ninety (90) days from
the date you received it. Dialogic offers no warranty for your reproduction of the Program. This
Limited Warranty is void if failure of the Program has resulted from accident, misuse, abuse, or
misapplication.

Customer Remedies

Dialogic's entire liability and You and Your Authorized Users exclusive remedy shall be, at Dialogic's
option, either (a) return of the price paid or (b) repair or replacement of the Program that does not
meet the above Limited Warranty. Any replacement Program will be warranted for the remainder of
the original Warranty period.

No Other Warranties

Dialogic disclaims all other warranties, either expressed or implied, including but not limited to
implied warranties or merchantability and fitness for a particular purpose and the warranty against
latent defects, with respect to the Program and the accompanying documentation. This limited
warranty gives You specific legal rights. You may have others, which may vary from jurisdiction to
jurisdiction.

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