Toshiba IP edge EP Installation Manual page 10

to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer
Software Clause at DFARS 252.227-7013 (October 1988) or subparagraphs (c)(1) and (2) of the
Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, FAR 52.227-19(b)(1) and (2)
(DEC 2007), FAR 52.227-14 (DEC 2007) including Alt. III, FAR 52.227-20, and DFARS 252.227-7015 as
applicable.
12. Severability. If any provision of this EULA shall be held to be invalid, illegal or unenforceable, the
validity, legality and enforceability of the remaining provisions hereof shall not in any way be affected or
impaired.
13. No Waiver. No waiver of any breach of any provision of this EULA shall constitute a waiver of any
prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be
effective unless made in writing and signed by an authorized representative of the waiving party. To the
extent the terms of any TAIS policies or programs for support services conflict with the terms of this EULA,
the terms of this EULA shall control.
14. Supplier Software. The Software may include certain software provided by TAIS suppliers. In such
event, you agree that such supplier may be designated by TAIS as a third party beneficiary of TAIS with
rights to enforce the Agreement with respect to supplier's software.
15. MIB Download Confidentiality and Non Disclosure. Upon downloading any MIB technical
information and data (collectively, "MIB"), you agree that the MIB is for limited use, only for implementation
and use in connection with IPedge or CIX Strata. It may not be sold, shared, or distributed by you, except
by your own employees, consultants or third party developer(s) bound by the terms and conditions of this
Agreement, who have a reasonable need to know said information. The MIB is considered proprietary and
confidential information of TAIS and no rights, title or interest are being transferred hereunder. When the
purpose in which the MIB was intended is no longer valid, the information shall be destroyed or returned to
TAIS. Any unauthorized distribution, posting, sharing, or publishing of the MIB is strictly prohibited. The
obligation to maintain confidentiality of information received hereunder, including code or MIB, will survive
the expiration or termination of this agreement by seven (7) years, or three (3) years from the date of the
end of production of the product (including succession products), whichever is longer.
16. Open Source Software. The Software may contain software files that are subject to certain open
source license agreements. The open source software files and additional terms and conditions may be
included in the TAIS Telecommunication Systems Division product general description, Internet website or
electronically within the product. The open source software files are provided "AS IS" to the maximum
extent permitted by applicable law. Please read the open source and third party software terms and
conditions carefully for relevant copyright and licensing terms.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS EULA AND THAT YOU UNDERSTAND ITS
PROVISIONS. YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER
AGREE THAT THIS EULA CONTAINS THE COMPLETE AND EXCLUSIVE AGREEMENT BETWEEN
YOU AND TAIS AND SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN,
OR ANY OTHER COMMUNICATION RELATING TO THE SUBJECT MATTER OF THIS EULA.
Copyright© 2007-2011 Toshiba America Information Systems, Inc. All Rights Reserved. Rev: June 2011