User's Manual

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SOMA NETWORKS INC. ENDUSER PRODUCT LICENSE AGREEMENT
THE SOMAPORT™ SUBSCRIBER TERMINAL AND PROVIDED SOFTWARE CONTAIN CERTAIN
COMPUTER PROGRAMS AND OTHER PROPRIETARY MATERIAL OF SOMA NETWORKS INC. OR
LICENSED TO SOMA NETWORKS, INC., THE USE OF WHICH IS SUBJECT TO THIS
AGREEMENT. BY: (A) SIGNING AN AGREEMENT FOR SERVICE WITH YOUR SERVICE
PROVIDER; (B) OPENING THE SEALED ENVELOPE CONTAINING THE SOMAPORT; OR (C)
USING THE SOMAPORT, YOU ASSENT TO AND ACCEPT THIS ENDUSER PRODUCT LICENSE
AGREEMENT. IF YOU DO NOT AGREE WITH ALL THE TERMS OF THIS AGREEMENT YOU
MUST RETURN THIS PRODUCT (WITH THE ENVELOPE STILL SEALED), ALL MANUALS AND
DOCUMENTATION, ANY SOFTWARE PACKAGES PROVIDED WITH THE SOMAPORT AND
PROOF OF PAYMENT TO THE PLACE YOU OBTAINED THEM FOR A FULL REFUND WITHIN
THIRTY (30) DAYS OF FIRST ACQUIRING THE SOMAPORT, OTHERWISE YOU ARE DEEMED TO
HAVE ACCEPTED AND AGREED TO THESE TERMS AND CONDITIONS. UNAUTHORIZED
REPRODUCTION, DISTRIBUTION, DECOMPILATION OR OTHER REVERSE ENGINEERING OF
THIS PRODUCT INCLUDING ITS HARDWARE AND/OR SOFTWARE, OR ANY PORTION OF IT, IS
PROHIBITED AND MAY RESULT IN SEVERE CIVIL AND CRIMINAL PENALTIES, AND WILL BE
PROSECUTED TO THE MAXIMUM EXTENT POSSIBLE UNDER THE LAW.
1. GRANT OF LICENSE: Subject to the terms of this Enduser Product License Agreement (the “Agreement”),
SOMA Networks, Inc. (“SOMA”) grants you (the “Licensee”) a non-sub-licensable, non-exclusive right
(“License”) to use the Product. “Product” means, collectively, the Software and the provided hardware, and
specifically the SOMAport™ subscriber terminal and its accessories, if any, together with documentation
provided to you by SOMA or your service provider. “Software” means, collectively, the version of the SOMA
software program in object code format and all updates to that program distributed to you by SOMA, directly or
indirectly, by any means and includes any firmware provided to you with the Product. You have no right, unless
otherwise explicitly permitted, to receive any source code or design documentation relating to the Product.
SOMA retains ownership of all Software copies. The Software and this License is only provided to you to be used
in conjunction with the SOMAport provided to you by SOMA or your service provider when you subscribed to
services that utilize the SOMA wireless air interface technology and is not licensed to you to be used for any other
purpose.
2. RESTRICTIONS: Except as reasonably required to use the Product strictly in accordance with the License and
this Agreement, you may not copy any Software. Licensee shall not (and shall not allow any third party to): (I)
decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or discover any source code or
underlying ideas or algorithms or file formats or programming or interoperability interfaces of the Product by any
means whatsoever; (II) remove any Product identification, copyright or other notices; (III) modify, incorporate
into or with other software or create a derivative work of any part of the Software or Product; or (IV) modify or
otherwise alter the operation of the Product. Various components, functions, routines and/or portions of the
Product may be protected by Intellectual Property Rights (“IPR”) including, but not limited to, designs,
copyrights, trade secrets and one or more patents or pending patent applications. Licensee is licensed under such
IPR, if any, only to the extent that such a license is required by the licensee to operate the Product in the manner
intended by SOMA. No other rights are granted under such IPR and no right to repair or replace the Product is
intended or provided and specifically, no right of reconstruction, substitution or repair is provided.
3. TERMINATION: This License is effective until terminated. This License will terminate automatically if you
fail to cure any material breach, as determined at the sole discretion of SOMA, of this Agreement within thirty
(30) days after such breach first occurs (or immediately in the case of a breach of § 2). Upon termination, you
shall immediately cease all use of the Product and return all of the Product including Software, hardware,
manuals, documentation of any kind accompanying Product to the place where you first obtained such Product
or such other location as may be designated from time to time. Except for this License and except as otherwise
expressly provided herein, the terms of the Agreement shall survive termination.
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