User's Manual
32
u n w i r i n g o u r w o r l d ™
Warranty Information
To the extent required by law, and at Customer’s written request, smartBridges shall
provide Customer with the interface information needed to achieve interoperability between
the Software and another independently created program, on payment of smartBridges’
applicable fee, if any. Customer shall observe strict obligations of condentiality with respect
to such information and shall use such information in compliance with any applicable terms
and conditions upon which smartBridges makes such information available.
Software, Upgrades and Additional Copies. For purposes of this Agreement, “Software”
shall include (and the terms and conditions of this Agreement shall apply to) computer
programs, including rmware, as provided to Customer by smartBridges or an authorized
smartBridges reseller, and any upgrades, updates, bug xes or modied versions thereto
(collectively, “Upgrades”) or backup copies of the Software licensed or provided to
Customer by smartBridges or an authorized smartBridges reseller. NOTWITHSTANDING
ANY OTHER PROVISION OF THIS AGREEMENT: (1) CUSTOMER HAS NO LICENSE
OR RIGHT TO USE ANY ADDITIONAL COPIES OR UPGRADES UNLESS CUSTOMER,
AT THE TIME OF ACQUIRING SUCH COPY OR UPGRADE, ALREADY HOLDS A VALID
LICENSE TO THE ORIGINAL SOFTWARE AND HAS PAID THE APPLICABLE FEE FOR
THE UPGRADE OR ADDITIONAL COPIES; (2) USE OF UPGRADES IS LIMITED TO
SMARTBRIDGES EQUIPMENT FOR WHICH CUSTOMER IS THE ORIGINAL END USER
PURCHASER OR LESSEE OR WHO OTHERWISE HOLDS A VALID LICENSE TO USE
THE SOFTWARE WHICH IS BEING UPGRADED; AND (3) THE MAKING AND USE OF
ADDITIONAL COPIES IS LIMITED TO NECESSARY BACKUP PURPOSES ONLY.
Proprietary Notices. Customer agrees to maintain and reproduce all copyright and other
proprietary notices on all copies, in any form, of the Software in the same form and manner
that such copyright and other proprietary notices are included on the Software. Except as
expressly authorized in this Agreement, customer shall not make any copies or duplicates
of any Software without the prior written permission of smartBridges.
Term and Termination. This Agreement and the license granted herein shall remain
effective until terminated. Customer may terminate this Agreement and the license at any
time by destroying all copies of Software and any Documentation. Customer’s rights under
this Agreement will terminate immediately without notice from smartBridges if Customer fails
to comply with any provision of this Agreement. Upon termination, Customer shall destroy
all copies of Software and Documentation in its possession or control. All condentiality
obligations of Customer and all limitations of liability and disclaimers and restrictions of
warranty shall survive termination of this Agreement. In addition, the provisions of the
sections titled “U.S. Government End User Purchasers” and “General Terms Applicable
to the Limited Warranty Statement and End User License” shall survive termination of this
Agreement.