NDC comm CompuFax - Manual (Page 3)

NETWORKING DYNAMICS CORPORATION
SOFTWARE LICENSE AGREEMENT
1. PREACCEPTAN CE N OTICE
1.1 READ THE TERMS AND CONDITIONS OF THIS AGREEMENT BEFORE OPENING THE MEDIA PACKAGE.
YOU ACCEPT TH IS AGREEMEN T IF YOU OPEN THE MEDIA PACKAGE, PLACE ANY SOFTWARE FROM THE
MEDIA PACKAGE INTO USE OR IF YOU KEEP THE SOFTWARE MEDIA PACKAGE FOR MORE THAN THIRTY (30)
DAYS.
IF YOU DO NOT AGREE TO THE TERMS ON THIS AGREEMENT, YOU MUST RETURN THE UNOPENED MEDIA
PACKAGE AND DOCUMENTATION WITHIN THIRTY (30) DAYS AND YOUR MONEY WILL BE REFUNDED (LESS
NORMAL SHIPPING AND HANDLING).
2. TERM
2.1 This license is effective until terminated. You may terminate this license upon 30 days’ written notice to Networking Dynamics Corporation
(NDC). NDC may terminate the license on 30 days’ written notice to you if you fail to comply with any term or condition of this agreement or fail
to purchase a full license within thirty (30) days of or fail to pay NDC any monies due within ninety (90) days of the due date.
2.2 Upon termination, you agree to return to NDC or destroy all copies of the licensed software, documentation, modifications and merged portions
in any form.
3. SCOPE OF USE
3.1 This license grants you the personal and non-exclusive right to use the licensed software solely (a) for your own purposes; (b) on the one
particular computer system, CPU or cluster on which the license key was originally installed; and (c) according to all the terms and conditions set
forth in the license.
3.2 You assume responsibility for the selection of the licensed software to achieve your intended results and for its installation, use and obtained
results.
3.3 You may not sublicense, copy, modify or transfer the licensed software except as expressly provided in this license.
3.4 You may permit others, including your employees, customers, consultants and contractors to use the licensed software if they agree to abide by
the terms and conditions of this agreement.
3.5 The storage media that you receive may contain certain demonstration software that you have not ordered. You agree that this software license
applies to any and all software which you install from the distribution media, and that you will not place any such demonstration software into use
for more than a 30 day trial period without first purchasing a valid software license. NDC may incorporate technical means to prevent you from
having unlimited access to any such demonstration software.
4. PROPRIETARY RIGH TS
4.1 You agree that the licensed software is the valuable property of NDC, no part of which may be reproduced or transmitted in any form or by any
means, electronic, mechanical or otherwise, including photocopying and recording or in connection with any information storage or retrieval system
without permission in writing from NDC.
4.2 You may not copy the licensed software or its documentation except for backup purposes or to load the licensed software into the computer as
part of installation or execution of the program. All other copies of the licensed software or its documentation are in violation of this license.
4.3 You acknowledge that the licensed software (a) contains valuable copyright, trade secret and other intellectual and proprietary information, and
(b) remains the confidential property of NDC. You agree not to disclose or make available such information to any person for any purpose other
than is necessary for your use of the licensed software as authorized by this Agreement.
4.4 You agree that NDC retains full ownership of the source code to the licensed software and that you shall have no access or rights to the source
code. You agree not to decompile or disassemble the licensed software. You agree not to create, or attempt to create, or permit or help others to
create, the source code, or to reverse engineer or attempt to reveal NDC’s trade secrets and proprietary rights, from the licensed software furnished
pursuant to this Agreement.
4.5 Use, duplication or disclosure of the Product by the U.S. Government is subject to "Restricted Rights", as that term is defined in the
Department of Defense ("DO D") Supplement to the Federal Acquisition Regulations ("DFARS") in paragraph 252.227-7013(c)(1) if to the DO D,
or, if the Product is supplied to any unit or agency of the U.S. Government other than DO D, the Government's rights in the Product will be as
defined in paragraph 52.227-19(c)(2) of the Federal Acquisition Regulations ("FAR"). Use, duplication or disclosure by any foreign government is
subject to equivalent restrictions as defined in that country's laws and/ or regulations.
5. LIMITED WARRAN TY
5.1 NDC warrants that the licensed software will perform substantially in accordance with the software manual when delivered. NDC will provide
all reasonable services to remedy any verified non-conformity to the software manual reported within the warranty period. The warranty period
begins when the licensed software is installed or thirty (30) days after delivery to you, whichever occurs first, and ends ninety (90) days later. All
warranty-related support for the licensed software will terminate upon the release of any subsequent version of the licensed software.
5.2 CORRECTION OF REPORTED ERRORS BY N D C IS TH E SOLE AN D EXCLUSIVE REMED Y UN D ER TH IS WARRAN TY.
THE LICENSED SO FTWARE AND DO CUMENTATIO N ARE PRO VIDED WITHO UT ANY O THER WARRANTY O F ANY KIND,
EITHER EXPRESS O R IMPLIED, INCLUDING, BUT NO T LIMITED TO , IMPLIED WARRANTIES O F MERCHANTABILITY O R
FITNESS FO R A PARTICULAR PURPO SE. NDC DO ES NO T WARRANT THAT THE LICENSED SO FTWARE WILL BE ERRO R-FREE,
THAT THE LICENSED SO FTWARE WILL O PERATE WITH ANY HARDWARE O R SO FTWARE O THER THAN THAT SPECIFIED IN
THE SO FTWARE MANUAL, THAT THE LICENSED SO FTWARE WILL SATISFY YO UR O WN SPECIFIC REQUIREMENTS O R THAT