User's Manual
Setup and Deployment
33
Section 8 - License and Warranty Information
MeshNetworks, Inc.
End User License Agreement
IMPORTANT NOTICE TO END USERS: This End User License Agreement (this
“Agreement
”) is a legal agreement between the licensee of the Licensed Software being made
available for use with the MeshNetworks Equipment (either an individual person or a single
legal entity, who will be referred to in this Agreement as “You
”) and MeshNetworks. Inc.
1 DEFINITIONS. In this Agreement, “Licensed Software
” means the computer programs, in
machine-readable, interpreted, compiled or other form, furnished to You for use with the
MeshNetworks Equipment, whether owned or licensed by MeshNetworks, and including without
limitation, (i) computer programs residing on any medium and all materials or contained in any
download supplied by MeshNetworks in connection with the Licensed Software, (ii) related user
manuals and explanatory written materials or files (“Documentation
”); and (b) upgrades,
modified versions, updates, additions, and copies of the Licensed Software, if any, provided to
You by MeshNetworks, either directly or indirectly (collectively, “Updates
”). The “MeshNetworks
Equipment” means the equipment on which the Licensed Software is intended to operate.
“Source
” means the party from whom you purchased the MeshNetworks Equipment and
obtained the Licensed Software. “MeshNetworks
” means MeshNetworks, Inc., 485 N. Keller
Road, Suite 250, Maitland, FL 32751. “Support Services
” has the meaning set forth in Section 7.
2 LICENSE. As long as You comply with the terms of this Agreement, MeshNetworks grants
You a personal, non-exclusive, non-transferable (except as provided in Section 11) license to
use the Licensed Software (in object code form only) for Your own use in the operation on the
MeshNetworks Equipment. The license granted hereunder is perpetual.
3 SOFTWARE TITLE. MeshNetworks is not selling You the Licensed Software. Title to the
Licensed Software, including all translations, compilations, derivative works and copies remain
with MeshNetworks or its licensors, as the case may be.
4 INTELLECTUAL PROPERTY AND CONFIDENTIALITY. You acknowledge that the
Licensed Software and Documentation contain copyrighted material, trade secrets and other
material that is proprietary to MeshNetworks, and that except as expressly provided in this
Agreement, MeshNetworks retains all rights, title and interests in and to the Licensed Software
and all proprietary rights in it. You further acknowledge that unauthorized use of such material
may cause serious and irreparable loss or damage to MeshNetworks and its licensors, and
therefore you agree that in the event of a breach of this Agreement MeshNetworks will be
entitled to injunctive relief to restrain such breach, in addition to monetary damages and its
reasonable attorneys’ fees, charges and costs in enforcing the Agreement. You will keep the
Licensed Software, any backup copy of the Licensed Software and the Documentation strictly
confidential and will not disclose or provide them (or any information relating to them) to any
other person or entity. You will also take all reasonable steps to safeguard the Licensed
Software to ensure that unauthorized personnel do not have access to the Licensed Software,
and You will notify MeshNetworks of any unauthorized use of the Licensed Software. Except as
expressly stated herein, this Agreement does not grant You any intellectual property rights in
the Licensed Software and all rights not expressly granted herein are reserved by
MeshNetworks.