Navini Networks Ripwave MX User Manual

Page 40

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Navini Networks, Inc.

Ripwave MX Modem User Guide

2.5

Suitability.
a.

Buyer alone is responsible for determining which software best suits Buyer’s needs, for


king

a final decision about lice

b.

Navini Networks, Inc. ma

t the Software conforms to or satisfies

any federal, state, or local laws. Buyer is encouraged to engage professional assistance
from attorneys and engineers to evaluate the suitability of the Software for Buyer’s use.

c.

Navini Networks, Inc. makes no claims that the Software is suitable for Buyer’s intended
purposes.

.6

Remote Digital Access

installing and operating the Software, and for the results obtained. Accordingly, each
Buyer should determine its needs, and evaluate the Software’s capabilities before ma

nsing the software.

kes no representation tha

2

. Navini Networks, Inc. reserves the right, but is not obligated to digitally

access the Software for the purposes of upgrading and maintaining the Software.

2.7

U.S. GOVERNMENT RESTRICTED RIGHTS. All Software provided to the U.S. Government
pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial
license rights and restrictions describe

rein. All Software provided to the U.S.

Government pursuant to solicitations issued prior to December 1, 1995 is provided with
“Restricted Rights” as provided for in F

52.227-14 (June 1987) or DFAR, 48 CFR

3.1

d elsewhere he

AR, 48 CFR

252.227-7013 (Oct 1988), as applicable

ARTICLE 3

TRADE

SECRETS

Trade Secret. Navini Networks, Inc. considers the licensed Software covered by this License
Agreement to be a trade secret. Navini Networks, Inc. does not disclose any information to
Navini Networks, Inc. competitors or potential competitors. Buyer shall not disclose any design,
code, or technological know-how gained by access to the Software to Licensor’s competitors.
Buyer shall not use design, code, or documentation gained by access to the Software to develop
similar technology or a competing software product. To attempt to or to do so, the Parties
acknowledge, understand and agree, constitute a material breach of this License Agreement.

a

3.2

Third Party Intellectual Property. Buyer acknowledges, understands and agrees that the licensed
Software covered by this License Agreement may contain Intellectual Property owned by Third
Parties and duly licensed to Navini Networks, Inc. Copyright, Patent and other laws protect Th
Party Intellectual Property manufactured with, marketed with, or otherwise bundled with the
licensed Software. Buyer promises to keep such Third Party Intellectual Property in confi
to the benefit of the Third Party, agrees not to reverse engineer or otherwise decompile Th

ird

dence

ird

Party Intellectual Property, and agrees to stop using, destroy and/or return such Third Party
owned Intellectual Property under the same terms and conditions as the licensed Software as set
forth in this License Agreement.

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