End User License Agreement
SpectraGuard Sensor Installation Guide
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End User License Agreement
This End User License Agreement (
“
EULA
”
) governs the terms and conditions of use of AirTight products. If a
Purchase Order has been issued by the Customer to AirTight for the use of this product, additional terms listed
in the Purchase Order will also apply. In the event of a conflict between this EULA and a Purchase Order, the
terms of the Purchase Order will prevail.
1.
Definitions
Capitalized terms used in this EULA are defined in this Section 1 or the section in which they are first used.
1.1
“
Customer
”
means an end-user or a business entity that purchases AirTight products and operates it
under the terms and conditions described in this agreement.
1.2
“
AirTight
”
means AirTight Networks, Inc., AirTight Networks Private Limited or its related
companies and subsidiaries.
1.3
“
Delivery
”
means delivery of the Hardware and Software.
1.4
“
Documentation
”
means the standard end-user technical documentation and specifications that
AirTight supplies with the Hardware and Software. Advertising and marketing materials are not
Documentation.
1.5
“
Error
”
means a reproducible failure of the Software or Hardware to perform in substantial
conformity with its Documentation.
1.6
"Hardware" means Sensor, Sentry, Appliance or any other hardware component provided by
AirTight.
1.7
“
Intellectual Property Rights
”
means copyrights, trademarks, service marks, trade secrets, patents,
patent applications, moral rights, contractual rights of non-disclosure or any other intellectual property or
proprietary rights, however arising, throughout the world.
1.8
“
Release
”
means any Update or Upgrade if and when these are made available by AirTight. In the
event of a dispute as to whether a particular Release is an Update or an Upgrade, AirTight's published
designation will be final.
1.9
“
Software
”
means the software provided by AirTight to Customer (in object code format or loaded
on AirTight Hardware) and any Release thereto if and when such Releases are made available by AirTight.
1.10
“
Update
”
means, if and when available, any error corrections, fixes, workarounds or other
maintenance releases in respect of the Software provided by AirTight to Customer that do not add additional
functionality to the Software.
1.11
“
Upgrade
”
means, if and when available, new releases or versions of the Software, that materially
improve the functionality of, or add material functional capabilities to the Software and in respect of which
AirTight charges Customer additional license fees.
2.
Terms of Sale
2.1
Scope. This EULA together with any Purchase Order(s) governs all transactions between the parties
with respect to the Hardware and Software provided by AirTight. This EULA does not require either party to
enter into such transactions, but together with the Purchase Order specifies the terms and conditions of such
transactions if and when they take place.
2.2
Software. All software provided by AirTight is licensed, not sold. Customer's right to use such
Software is subject to the license granted in Section 3 of this EULA.
2.3
Installation. Customer will be responsible for installing the Software and Hardware unless Customer
purchases Installation Services from AirTight pursuant to a separate Professional Services Agreement.
3.
License Grant
3.1
Hardware and Software License. For each unit of Hardware and Software that is supplied to
