User's Manual

10/10/03 Legal Information
90-100584-004 Airespace Product Guide v
Software License AgreementSoftware License Agreement
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE USING THE SOFTWARE AND ASSOCIATED
DOCUMENTATION THAT IS PROVIDED WITH THIS AGREEMENT (“SOFTWARE,” “DOCUMENTATION,” AND COLLECTIVELY, “LICENSED
MATERIALS”).
BY USING ANY LICENSED MATERIALS, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL THE TERMS AND CONDI-
TIONS OF THIS AGREEMENT AND YOU WILL BE CONSENTING TO BE BOUND BY THEM. IF YOU DO NOT ACCEPT THESE TERMS AND
CONDITIONS, DO NOT USE THE LICENSED MATERIALS AND RETURN THE LICENSED MATERIALS AND ANY EQUIPMENT PROVIDED BY
AIRESPACE IN CONNECTION THEREWITH (“EQUIPMENT”) UNUSED IN THE ORIGINAL SHIPPING CONTAINER TO THE PLACE OF PUR-
CHASE FOR A FULL REFUND.
Software may be provided by Airespace on a standalone basis (“Standalone Software”) or it may be provided embedded in Equipment
(“Embedded Software”).
1. License.
(a) Subject to the terms and conditions of this Agreement, Airespace, Inc. (“Airespace”), grants to you (“Licensee”) a limited,
non-exclusive, non-transferable license, without the right to sublicense: (i) to install and use the Standalone Software, in object code
format only, on computer hardware for which all corresponding license fees have been paid; (ii) use one (1) copy of the Embedded
Software, in object code format only, solely as embedded in Equipment, each solely in accordance with the Documentation for Licens-
ee’s internal business purposes.
(b) The license set forth above does not include any rights to and Licensee shall not (i) reproduce (except as set forth in Section
1(c)), modify, translate or create any derivative work of all or any portion of the Licensed Materials or Equipment, (ii) sell, rent, lease,
loan, provide, distribute or otherwise transfer all or any portion of the Licensed Materials (except as set forth in Section 1(f)), (iii)
reverse engineer, reverse assemble or otherwise attempt to gain access to the source code of all or any portion of the Licensed Ma-
terials or Equipment, (iv) use the Licensed Materials for third-party training, commercial time-sharing or service bureau use, (v) re-
move, alter, cover or obfuscate any copyright notices, trademark notices or other proprietary rights notices placed or embedded on
or in the Licensed Materials or Equipment, (vi) use any component of the Software or Equipment other than solely in conjunction with
operation of the Software and as applicable, Equipment, (vii) unbundle any component of the Software or Equipment, (viii) use any
component of the Software for the development of or in conjunction with any software application intended for resale that employs
any such component, (ix) use the Licensed Materials or Equipment in life support systems, human implantation, nuclear facilities or
systems or any other application where failure could lead to a loss of life or catastrophic property damage, or (x) cause or permit any
third party to do any of the foregoing.
If Licensee is a European Union resident, Licensee acknowledges that information necessary to achieve interoperability of the Software
with other programs is available upon request.
(c) Licensee may make a single copy of the Standalone Software and Documentation solely for its back-up purposes; provided
that any such copy is the exclusive property of Airespace and its suppliers and includes all copyright and other intellectual property
right notices that appear on the original.
(d) Airespace may provide updates, corrections, enhancements, modifications or bug fixes for the Licensed Materials (“Up-
dates”) to Licensee. Any such Update shall be deemed part of the Licensed Materials and subject to the license and all other terms
and conditions hereunder.
(e) Airespace shall have the right to inspect and audit Licensee’s use, deployment, and exploitation of the Licensed Materials
for compliance with the terms and conditions of this Agreement.
(f) Licensee shall have the right to transfer the Embedded Software as embedded in Equipment in connection with a transfer
of all of Licensee’s right, title and interest in such Equipment to a third party; provided, that, Licensee transfers the Embedded Software
and any copies thereof subject to the terms and conditions of this Agreement and such third party agrees in writing to be bound by
all the terms and conditions of this Agreement.
(g) Notwithstanding anything to the contrary herein, certain portions of the Software are licensed under and Licensee's use of
such portions are only subject to the GNU General Public License version 2. If Licensee or any third party sends a request in writing
to Airespace at 110 Nortech Parkway, San Jose CA 95134, ATTN: Contracts Administration, Airespace will provide a complete ma-
chine-readable copy of the source code of such portions for a nominal cost to cover Airespace's cost in physically providing such code.
2. Ownership. Airespace or its suppliers own and shall retain all right, title and interest (including without limitation all intellectual
property rights), in and to the Licensed Materials and any Update, whether or not made by Airespace. Licensee acknowledges that the
licenses granted under this Agreement do not provide Licensee with title to or ownership of the Licensed Materials, but only a right of
limited use under the terms and conditions of this Agreement. Except as expressly set forth in Section 1, Airespace reserves all rights
and grants Licensee no licenses of any kind hereunder. All information or feedback provided by Licensee to Airespace with respect to
the Software or Equipment shall be Airespace’s property and deemed confidential information of Airespace.
3. Confidentiality. Licensee agrees that the Licensed Materials contain confidential information, including trade secrets, know-how,
and information pertaining to the technical structure or performance of the Software, that is the exclusive property of Airespace as
between Licensee and Airespace. In addition, Airespace’s confidential information includes any confidential or trade secret information
related to the Licensed Materials. During the period this Agreement is in effect and at all times thereafter, Licensee shall maintain
Airespace’s confidential information in confidence and use the same degree of care, but in no event less than reasonable care, to avoid
disclosure of Airespace’s confidential information as it uses with respect to its own confidential and proprietary information of similar
type and importance. Licensee agrees to only disclose Airespace’s confidential information to its directors, officers and employees who
have a bona fide need to know solely to exercise Licensee’s rights under this Agreement and to only use Airespace’s confidential in-
formation incidentally in the customary operation of the Software and Equipment. Licensee shall not sell, license, sublicense, publish,
display, distribute, disclose or otherwise make available Airespace’s confidential information to any third party nor use such informa-
tion except as authorized by this Agreement. Licensee agrees to immediately notify Airespace of the unauthorized disclosure or use
of the Licensed Materials and to assist Airespace in remedying such unauthorized use or disclosure. It is further understood and agreed
that any breach of this Section 3 or Section 1(b) is a material breach of this Agreement and any such breach would cause irreparable
harm to Airespace and its suppliers, entitling Airespace or its suppliers to injunctive relief in addition to all other remedies available at
law.
4. Limited Warranty & Disclaimer. Any limited warranty for the Licensed Materials and Airespace’s sole and exclusivity liability
thereunder is as set forth in Airespace’s standard warranty documentation. In addition, any limited warranty for the Software does
not apply to any component of the Software but only to the Software as a whole. EXCEPT FOR ANY EXPRESS LIMITED WARRANTIES
FROM AIRESPACE IN SUCH DOCUMENTATION, THE LICENSED MATERIALS ARE PROVIDED “AS IS”, AND AIRESPACE AND ITS SUPPLI-
ERS MAKE NO WARRANTY, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO LICENSED MATERIALS OR ANY PART