41-001160-00, Release 2.1, Rev 04
iii
Software License Agreement
Aastra Telecom Inc., hereinafter known as "Seller", grants to Customer a
personal, worldwide, non-transferable, non-sublicenseable and non-exclusive,
restricted use license to use Software in object form solely with the Equipment for
which the Software was intended. This Product may integrate programs, licensed
to Aastra by third party Suppliers, for distribution under the terms of this
agreement. These programs are confidential and proprietary, and are protected as
such by copyright law as unpublished works and by international treaties to the
fullest extent under the applicable law of the jurisdiction of the Customer. In
addition, these confidential and proprietary programs are works conforming to the
requirements of Section 401 of title 17 of the United States Code. Customer shall
not disclose to any third party such confidential and proprietary programs and
information and shall not export licensed Software to any country except in
accordance with United States Export laws and restrictions.
Customer agrees to not reverse engineer, decompile, disassemble or display
Software furnished in object code form. Customer shall not modify, copy,
reproduce, distribute, transcribe, translate or reduce to electronic medium or
machine readable form or language, derive source code without the express
written consent of the Seller and its Suppliers, or disseminate or otherwise
disclose the Software to third parties. All Software furnished hereunder (whether
or not part of firmware), including all copies thereof, are and shall remain the
property of Seller and its Suppliers and are subject to the terms and conditions of
this agreement. All rights reserved.
Customer's use of this software shall be deemed to reflect Customer's agreement
to abide by the terms and conditions contained herein. Removal or modification
of trademarks, copyright notices, logos, etc., or the use of Software on any
Equipment other than that for which it is intended, or any other material breach of
this Agreement, shall automatically terminate this license. If this Agreement is
terminated for breach, Customer shall immediately discontinue use and destroy or
return to Seller all licensed software and other confidential or proprietary
information of Seller. In no event shall Seller or its suppliers or licensors be liable
for any damages whatsoever (including without limitation, damages for loss of
business profits, business interruption, loss of business information, other
pecuniary loss, or consequential damages) arising out of the use of or inability to
use the software, even if Seller has been advised of the possibility of such
damages.