User's Guide

Ripwave Modem User Guide Navini Networks, Inc.

050503_pv1.1_Ripwave Modem User Guide_

40-00097-00j(4.3)

ADDENDUM 2: End User Software License Agreement

between

Navini Networks, Inc.

and

Buyer

ARTICLE 1

IMPORTANT MESSAGE

1.1 Act of Assent.

Installing the Software indicates that you have read, understand and accept this

License Agreement.

ARTICLE 2

LICENSES

2.1 Grant of License

. The Software and related Documentation, are the intellectual property of Navini

Networks, Inc. and are protected by law. Navini Networks, Inc. grants to Buyer a personal,

nonexclusive, nontransferable worldwide license, for revocable use (as permitted herein) of the

Software based on the terms and conditions of this License Agreement and the Master Supply

Agreement to which it is attached. Buyer is permitted to install and use the Software on its

server, but only in conjunction with the Navini Hardware. Buyer is not permitted to rent, sell or

otherwise transfer the Software to any third parties.

2.2 Ownership Rights

. Under this Agreement, Buyer does not acquire any rights of ownership in the

Software and related Documentation and subsequent releases and versions licensed by Navini

Networks, Inc. to Buyer pursuant to this License Agreement, whether in printed or machine-

readable format. Buyer acquires only the right to use the Software and related Documentation

subject to the terms and conditions of this Agreement. Buyer promises to keep the Software in

confidence for the benefit of Navini Networks, Inc. and agrees to destroy or return the Software

and all copies at such time as Buyer chooses to cease using the Software or upon termination or

cancellation of this License Agreement for any reason.

2.3 Backup Copies

. Buyer may copy the Software for safekeeping (archival) or backup purposes,

provided that all such copies of the Software are subject to the provisions of this License

Agreement, and also provided that each copy shall include in readable format any and all

confidential, proprietary, and copyright notices or markings contained in the original.

2.4 Assignment

. The rights granted in this License Agreement are restricted for use solely by Buyer

and may not be assigned, transferred, or sublicensed, however Buyer may grant access to its

server to End-Users. Each Buyer shall be authorized to make use of the Software in the form in

which it is provided to Buyer solely for Buyer’s own computer server location. Buyer represents

that it will not use the Software for any purpose that is not expressly delineated in this

Agreement. Further Buyer represents that it will comply with all export, re-export, and other

laws in its use of the Software.