Wireless Access Point
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Software License and Product Warranty Agreement
THIS SOFTWARE LICENSE AGREEMENT (THE “AGREEMENT”) IS A LEGAL
AGREEMENT BETWEEN YOU (“CUSTOMER”) AND LICENSOR (AS DEFINED
BELOW) AND GOVERNS THE USE OF THE SOFTWARE INSTALLED ON THE
PRODUCT (AS DEFINED BELOW). IF YOU ARE AN EMPLOYEE OR AGENT
OF CUSTOMER, YOU HEREBY REPRESENT AND WARRANT TO LICENSOR
THAT YOU HAVE THE POWER AND AUTHORITY TO ACCEPT AND TO
BIND CUSTOMER TO THE TERMS AND CONDITIONS OF THIS AGREEMENT
(INCLUDING ANY THIRD PARTY TERMS SET FORTH HEREIN). IF YOU DO
NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT RETURN THE
PRODUCT AND ALL ACCOMPANYING MATERIALS (INCLUDING ALL
DOCUMENTATION) TO THE RELEVANT VENDOR FOR A FULL REFUND OF
THE PURCHASE PRICE THEREFORE.
CUSTOMER UNDERSTANDS AND AGREES THAT USE OF THE PRODUCT
AND SOFTWARE SHALL BE DEEMED AN AGREEMENT TO THE TERMS
AND CONDITIONS GOVERNING SUCH SOFTWARE AND THAT CUSTOMER
IS BOUND BY AND BECOMES A PARTY TO THIS AGREEMENT.
1.0 DEFINITIONS
1.1 “Documentation” means the user manuals and all other all documentation,
instructions or other similar materials accompanying the Software covering
the installation, application, and use thereof.
1.2 “Licensor” means Xirrus and its suppliers.
1.3 “Product” means a multi-radio access point containing four or more distinct
radios capable of simultaneous operation on four or more non-overlapping
channels.
1.4 “Software” means, collectively, each of the application and embedded
software programs delivered to Customer in connection with this Agreement.
For purposes of this Agreement, the term Software shall be deemed to include
any and all Documentation and Updates provided with or for the Software.
1.5 “Updates” means any bug-fix, maintenance or version release to the Software
that may be provided to Customer from Licensor pursuant to this Agreement
or pursuant to any separate maintenance and support agreement entered into
by and between Licensor and Customer.
2.0 GRANT OF RIGHTS
2.1 Software. Subject to the terms and conditions of this Agreement, Licensor
hereby grants to Customer a perpetual, non-exclusive, non-sublicenseable,
non-transferable right and license to use the Software solely as installed on