User's Guide

USER PURCHASER OR LESSEE OR 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, proprietary, and other no-
tices on all copies, in any form, of the Software and Documentation in the same form and manner that
such copyright and other proprietary notices are included on the Software. Except as expressly author-
ized in the Agreement, Customer shall not make any copies or duplicates of any Software without the pri-
or written permission of Rajant.
Term and Termination. The Agreement and the license granted herein shall remain effective until termi-
nated. Customer may terminate the Agreement and the license at any time by destroying all copies of
Software and any Documentation. Customer’s rights under the Agreement will terminate immediately
without notice from RAJANT if Customer fails to comply with any provision of the Agreement. Upon ter-
mination, Customer shall destroy or return to RAJANT all copies of Software and Documentation in its
possession or control. All confidentiality obligations of Customer, all restrictions and limitations imposed
on the Customer under the section titled “General Limitations” and all limitations of liability and dis-
claimers and restrictions of warranty shall survive termination of this Agreement. In addition, the provi-
sions of the sections titled “U.S. Government End User Purchasers” and “General Terms Applicable to the
Limited Warranty Statement and End User License Agreement” shall survive termination of the Agree-
ment.
Customer Records. Customer grants to RAJANT and its independent accountants the right to examine
Customer’s books, records, accounts, and network configuration(s) during Customer’s normal business
hours to verify compliance with this Agreement. In the event such audit discloses non-compliance with
this Agreement, Customer shall promptly pay to RAJANT the appropriate license fees, plus the reasona-
ble cost of conducting the audit.
Export, Re-Export, Transfer and Use Controls. The Software, Documentation and technology or direct
products thereof (hereafter referred to as Software and Technology), supplied by RAJANT under the
Agreement are subject to export controls under the laws and regulations of the United States (“U.S.”) and
any other applicable countries' laws and regulations. Customer shall comply with such laws and regula-
tions governing export, re-export, import, transfer and use of RAJANT Software and Technology and will
obtain all required U.S. and local authorizations, permits, or licenses. RAJANT and Customer each agree
to provide the other information, support documents, and assistance as may reasonably be required by
the other in connection with securing authorizations or licenses. Information regarding compliance with
export, re-export, transfer and use.
U.S. Government End User Purchasers. The Software and Documentation qualify as “commercial items,”
as that term is defined at Federal Acquisition Regulation (“FAR”) (48 C.F.R.) 2.101, consisting of “commer-
cial computer software” and “commercial computer software documentation” as such terms are used in
FAR 12.212. Consistent with FAR 12.212 and DoD FAR Supp. 227.7202-1 through 227.7202-4, and notwith-
standing any other FAR or other contractual clause to the contrary in any agreement into which the
Agreement may be incorporated, Customer may provide to Government end user or, if the Agreement is
direct, Government end user will acquire, the Software and Documentation with only those rights set
forth in the Agreement. Use of either the Software or Documentation or both constitutes agreement by
the Government that the Software and Documentation are “commercial computer software” and “com-
mercial computer software documentation,” and constitutes acceptance of the rights and restrictions
herein.
Identified Components; Additional Terms. The Software may contain or be delivered with one or more
components, which may include third-party components, identified by RAJANT in the Documentation,
readme.txt file, third-party click-accept or elsewhere (e.g. on www.rajant.com) (the “Identified Compo-
nent(s)”) as being subject to different license agreement terms, disclaimers of warranties, limited war-
ranties or other terms and conditions (collectively, “Additional Terms”) than those set forth herein. You
agree to the applicable Additional Terms for any such Identified Component(s).
Limited Warranty