User Manual

vi 910136 Rev01.00 Standard July 2007
TERM. This LICENSE is effective until terminated. CUSTOMER may terminate this LICENSE at any time by
destroying all copies of the SOFTWARE and the DOCUMENTATION. This LICENSE will terminate immediately
without notice from AIRVANA if CUSTOMER fails to comply with any provision of this LICENSE. Upon termination,
CUSTOMER must either, at AIRVANA’s direction, return or destroy all copies of SOFTWARE, including any
DOCUMENTATION. CUSTOMER agrees that it will not engage in the reverse engineering, disassembling,
decompilation or any other alteration of the SOFTWARE; provided, however, that if reproduction of the code and
translation of its form are necessary to obtain the information required to achieve the interoperability of the SOFTWARE
with other programs, CUSTOMER shall inform AIRVANA in writing accordingly and AIRVANA shall notify
CUSTOMER within twenty (20) business days from receipt of CUSTOMER’s request that: (i) AIRVANA will perform
the work in order to achieve such interoperability and charge an reasonable expense allowance for such work to
CUSTOMER, or (ii) CUSTOMER itself is entitled to undertake those actions, but only to the extent required to achieve
the interoperability of the SOFTWARE with other programs.
LIMITED WARRANTY
SOFTWARE. AIRVANA warrants that for a period of ninety (90) days (the “WARRANTY PERIOD”) from the date
of delivery from AIRVANA: (i) the media on which the SOFTWARE is furnished will be free of defects in materials and
workmanship under normal use, and (ii) the SOFTWARE substantially conforms to the accompanying
DOCUMENTATION. If during the WARRANTY PERIOD, the SOFTWARE is non-compliant with the above
warranty, AIRVANA’s exclusive liability, and CUSTOMER’s sole and exclusive remedy, shall be, at AIRVANA’s option,
to either (a) repair or replace such nonconforming SOFTWARE or (b) refund to CUSTOMER that portion of the license
fee paid by CUSTOMER allocable to such nonconforming SOFTWARE; provided however, that AIRVANA shall have
no obligations pursuant to this limited warranty unless AIRVANA shall have received from CUSTOMER during the
WARRANTY PERIOD written notice from CUSTOMER of the alleged nonconformance and the circumstances
underlying CUSTOMER’s claim. This limited warranty applies: (i) to the initial purchaser only and may be acted upon
only by the initial purchaser, and (ii) does not apply to any patch, update, upgrade, modification, or other enhancement
provided by AIRVANA at no extra charge as part of the PACKAGE, which are provided on an AS IS basis only.
RESTRICTIONS. AIRVANA’s warranty obligations are expressly conditioned upon (i) the SOFTWARE being
properly installed, used and maintained in accordance with the DOCUMENTATION, (ii) the SOFTWARE not being
subjected to unusual mechanical stress or unusual electrical or environmental conditions, (iii) the SOFTWARE not being
subjected to misuse, accident or neglect, and (iv) the SOFTWARE not being altered or modified, unless such alteration
or modification has been authorized in writing or performed by AIRVANA. AIRVANA DOES NOT WARRANT THAT
THE SOFTWARE WILL OPERATE IN ANY SPECIFIC COMBINATION THAT MAY BE SELECTED FOR USE BY
CUSTOMER, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE,
OR THAT ALL NONCONFORMANCE OR DEFECTS WILL BE REMEDIED. ADDITIONALLY, AIRVANA
SHALL HAVE NO WARRANTY OBLIGATIONS FOR ANY FAILURE OF THE SOFTWARE TO CONFORM TO
THE DOCUMENTATION RESULTING FROM THE COMBINATION OF ANY SOFTWARE WITH HARDWARE
AND/OR SOFTWARE NOT SUPPLIED BY AIRVANA OR FROM THE FAILURE BY CUSTOMER TO TIMELY
OR PROPERLY IMPLEMENT ANY DESIGN OR ENGINEERING CHANGE ORDERS WHEN REQUESTED TO
DO SO BY AIRVANA. If SOFTWARE reported as defective or nonconforming by CUSTOMER during the
WARRANTY PERIOD is not so defective or nonconforming, AIRVANA may, at its option, charge CUSTOMER for
any labor provided and expenses incurred by AIRVANA in connection with such determination, at AIRVANA’s then
current rates.