User guide

d. With respect to algorithms (such as, but not limited to, voice encoding methods, facsimile
processing, and tone processing) included in the Software that are used for operations on the
Digital Signal Processors (DSPs) of the Brooktrout Hardware, (i) Users may only use or
incorporate such algorithms as components of the Software in the form originally supplied by
Brooktrout, and may not extract any such algorithms from the Software or use them for any
other purpose or permit any end user customer of the Users to have direct access to such
algorithms for any purpose; and (ii) Users may only use or incorporate into their products
those algorithms that have been licensed under a purchase agreement between the Users and
Brooktrout in connection with the specific items of Brooktrout Hardware on which the
Software containing such algorithms is to be distributed, and only to the extent of the quantity
of Brooktrout Hardware having a total number of ports equal to the number of ports for which
the licenses to such Software and the included algorithms have been paid.
The reproduction, distribution, and modification rights provided above apply only to Brooktrout
Software packaged herewith that bears the label “Multi-Use License Agreement applies.” All other
Software distributed by Brooktrout is subject to additional restrictions on reproduction,
distribution, and modification.
Distribution
Any distribution of the Software (including modified versions) that is authorized hereby shall be
made (a) in object form only; (b) only to purchasers of units of Brooktrout Hardware, or of products
including Brooktrout Hardware, for which appropriate payment (including payment for the
Software that has been distributed) has been made in accordance with the purchase agreement
between the Users and Brooktrout and (c) only pursuant to license agreements containing, at a
minimum, the following provisions: (i) express acknowledgement of Brooktrout’s and its licensors'
proprietary rights in the Software, (ii) a license to use the Software only as installed on the units of
Brooktrout Hardware purchased by the licensee, (iii) the express prohibition of any reproduction,
modification, or distribution of the Software, (iv) a prohibition on reverse engineering of the
Software equivalent to that set forth above, and (v) provisions regarding Termination, Disclaimer of
Warranties, and Limitation of Liability, expressed for the benefit of Brooktrout, substantially in the
form set forth below. Except as expressly permitted hereby, Users may not distribute the Software,
or any copy, by transfer, lease, loan or any other means.
Termination
A User's license to use the Software may be terminated by Brooktrout in the event of any failure to
comply with the above restrictions or any other terms of this License Agreement. In the event of
termination of the license, the User must destroy or return to Brooktrout all copies of the Software
in his possession.
Limited Warranty
Brooktrout warrants for a period of 90 days following delivery that the media on which the Software
is recorded is free from defects in materials and workmanship. Brooktrout does not warrant that
operation of the Software will be uninterrupted or error-free, or that it will satisfy the User's
requirements. BROOKTROUT DISCLAIMS ALL OTHER WARRANTIES EXPRESSED OR
IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Limitation of Liability
Brooktrout's entire liability and the User's exclusive remedy in connection with the Software will be
the replacement of any media not meeting the above limited warranty upon return of the media to
Brooktrout. In no event will Brooktrout be liable for damages, including any lost profits or other
incidental or consequential damages, arising out of or related to the Software and its use, even if
Brooktrout has been advised of the possibility of such damages.