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040-57105-01
UNAUTHORIZED INTRUSION OR ATTACK OR OPERATION AT A SPECIFIED RANGE OR SIGNAL
AVAILABILITY OR ARISING FROM A COURSE OF DEALING, LAW, USAGE OR TRADE PRACTICE. AS EACH
PRODUCT IS UNIQUE, BRIDGEWAVE DISCLAIMS LIABILITY FOR OPERATION OF THE END USER NETWORK
AS A WHOLE UNDER ANY WARRANTY PROVIDED HEREIN. TO THE EXTENT A WARRANTY CANNOT BE
EXCLUDED BY LAW, SUCH WARRANTY IS LIMITED IN DURATION TO THE WARRANTY PERIOD. BECAUSE
SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON WARRANTY DURATION, THE ABOVE
LIMITATION MAY NOT APPLY. THIS WARRANTY GIVES SPECIFIC LEGAL RIGHTS WHICH MAY BE IN
ADDITION TO OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. THIS DISCLAIMER
AND EXCLUSION SHALL APPLY EVEN IF THE EXPRESS WARRANTY SET FORTH ABOVE FAILS OF ITS
ESSENTIAL PURPOSE.
SOFTWARE LICENSE
Software License. BridgeWave provides Buyer a non-exclusive, non-transferable limited license
(“License”) to use, solely as embedded in, for execution on or for communication with the Products, the
object code (and not the source code) of its Software. For purposes of this License, Software shall include
any BridgeWave provided documentation, component parts, user interfaces, modifications, upgrades,
updates, bug fixes, corrections, backup copies and new releases. Buyer’s use of the Software shall also be
limited by any other restrictions set forth in BridgeWave’s quotation or in BridgeWave’s product catalog,
user documentation or web site.
Title to Software. Title to the Software, and to any source code for the Software, shall at all times remain
solely and exclusively with BridgeWave. Buyer agrees not to take any action inconsistent with such title.
Buyer agrees that the Software, including the design and structure of individual programs, constitutes the
trade secrets or copyrighted material of BridgeWave. Buyer agrees not to disclose such material in any
form to any third party and to implement reasonable security measures to protect such material.
License Restrictions. BridgeWave reserves all other rights to the Software not specifically licensed
hereunder. Buyer has no right to, and agrees not to sell, transfer, rent, copy, reverse engineer, reverse
compile, decrypt, or reduce to human readable form to gain access to trade secrets or confidential
information, modify or create derivative works of, or grant to any third party any rights in the Software, or
permit any third party to do any of these prohibited acts, without BridgeWave’s prior written consent.
Buyer agrees to protect the Software licensed hereunder in a manner consistent with the maintenance of
BridgeWave’s ownership and proprietary rights therein, including displaying of any copyright and trademark
notices in all Software as incorporated by BridgeWave.
Term and Termination. This License is effective until terminated. Buyer may terminate this License at
any time, provided that Buyer’s termination does not entitle Buyer to any refund of purchase or license
fees. BridgeWave may terminate Buyer’s rights under this License immediately upon written notice if Buyer
fails to comply with any provision of this License. Upon termination, Buyer must destroy all copies of
Software in its possession or control.
Export. Software and Products, including technical data, may be subject to U.S. export control laws,
including the U.S. Export Administration Act and its associated regulations, and may be subject to export or
import regulations in other countries. Buyer agrees to comply strictly with all such regulations and
acknowledges that Buyer has the responsibility to obtain licenses to export, re-export, or import Software
and Products.
Restricted Rights. BridgeWave’s commercial software and commercial computer software documentation
is provided to United States Government agencies in accordance with the terms of this Limited Hardware
Warranty and Software License, and per subparagraph “©” of the “Commercial Computer Software –
Restricted Rights” clause at FAR 52.227-19 (June 1987). For DOD agencies, the restrictions set forth in the
“technical Data-Commercial Items” clause at DFARS 252.227-7015 (Nov 1995) shall also apply.
LIMITATION OF REMEDY AND LIABILITY PROVISIONS
EXCLUSIVE REMEDIES. THE REMEDIES SET FORTH IN THIS LIMITED WARRANTY AND SOFTWARE
LICENSE ESTABLISH THE ENTIRE OBLIGATION OF BRIDGEWAVE AND BUYER’S SOLE REMEDY IN REGARD
TO CLAIMS RELATING TO BREACH OF WARRANTY OR INTELLECTUAL PROPERTY RIGHTS INCLUDING BUT
NOT LIMITED TO CLAIMS DIRECTED TO THE INFRINGEMENT OR MISAPPROPRIATION OF PATENTS,
COPYRIGHTS, TRADE SECRETS AND OTHER PROPRIETARY RIGHTS FOR THE PRODUCTS.
NO CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL EITHER PARTY, OR EITHER PARTY’S SUPPLIERS,
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS OR CONTRACTORS (“RELATED PARTIES”),
