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Vivato Wi-Fi AP/Bridge User Guide
Copyright © 2004, Vivato, Inc.
VIVATO, INC. END USER LIMITED WARRANTY AND LICENSE TERMS
remain with Vivato and its licensors (if any). End User shall not alter or erase any copyright,
confidential or proprietary notices appearing on the Product, Software or related documentation.
4.
Termination
. This EULA is effective until terminated. End User's license under this EULA shall
immediately terminate should End User fail to comply with the terms of this EULA. Without
prejudice to any other rights, Vivato may terminate this EULA if End User fails to comply with its
terms and conditions. Upon termination, the End User must promptly cease use of the Software
and destroy it and its component parts.
5.
Confidentiality
. End User acknowledges that the Product and Software contains confidential and
proprietary information belonging to Vivato and its licensors (if any). End User shall exercise at
least the same degree of care, but in no event less than a reasonable degree of care, to safeguard
the confidentiality of Vivato and its licensors’ confidential and proprietary information as End User
would exercise with respect to End User’s own confidential information and trade secrets. End
User shall not disclose or transfer any such Confidential Information to a third party other than as
may be specifically authorized by Vivato in writing. End User shall take reasonable steps to protect
Confidential Information, including, without limitation, by restricting disclosure of such Confidential
Information only to those persons with a “need to know” and who are subject to confidentiality
undertakings. The term Confidential Information shall not include information that is or becomes
publicly available without breach of this Section or was known to End User at the time of disclosure
without an obligation of confidentiality, as demonstrated by files in existence at the time of
disclosure.
6.
U.S. Government End Users
. If the Software as incorporated in the Product is acquired by or on
behalf of a unit or agency of the United States government, this provision applies. The Software is
(a) existing computer software, and was developed at private expense, (b) is a trade secret of
Vivato for all purposes of the Freedom of Information Act, (c) is “commercial computer software”
subject to limited utilization as expressly stated in this EULA, (d) in all respects is proprietary data
belonging to Vivato, and (e) is unpublished and all rights are reserved under the copyright law of
the United States. For civilian agencies and entities acquiring Software under a GSA Schedule,
Software is licensed only with “Restricted Rights” and use, reproduction or disclosure is subject to
restrictions set forth in subparagraph (a) through (d) of the Commercial Computer Software –
Restricted Rights clause at 52.227-19 of the Federal Acquisition Regulations and its successors.
For units of the Department of Defense ("DoD"), this Software is licensed only with “Restricted
Rights” and use, duplication, or disclosure is subject to restrictions as set forth in subdivision
(c)(1)(ii) of the Rights in Technical Data and Computer Software clause at 252.227-7013 of the
DoD Supplement to the Federal Acquisition Regulations and its successors.
7.
Warranty
. The Product and Software is being provided to End User under the terms of the End
User Limited Warranty, which is attached hereto and incorporated by reference herein.
EXCEPT
AS SPECIFIED IN THE LIMITED WARRANTY, VIVATO MAKES NO OTHER WARRANTIES
WITH RESPECT TO PRODUCT OR SOFTWARE AND DISCLAIMS AND EXCLUDES ALL
OTHER WARRANTIES, EXPRESS OR IMPLIED, TO THE EXTENT ALLOWED BY
APPLICABLE LAW, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR USE, SATISFACTORY QUALITY, WARRANTIES OF
NON-INFRINGEMENT OR WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE,
OR TRADE PRACTICE. ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED.
VIVATO DOES NOT WARRANT THAT THE PRODUCT OR SOFTWARE IS ERROR-FREE OR
THAT OPERATION OF THE PRODUCT OR SOFTWARE WILL BE SECURE OR
UNINTERRUPTED AND VIVATO HEREBY DISCLAIMS ANY AND ALL LIABILITY ON