Toshiba IP edge EP Installation Manual page 8

2. Software Support and Upgrade Service. NOTWITHSTANDING ANY OTHER PROVISION OF THIS
EULA, YOU HAVE NO LICENSE OR RIGHT TO ANY SOFTWARE SUPPORT AND UPGRADE
SERVICE, UNLESS YOU HOLD A VALID LICENSE TO THE ORIGINAL SOFTWARE AND HAVE PAID
THE APPLICABLE FEE TO AN AUTHORIZED CHANNEL FOR THE SOFTWARE SUPPORT AND
UPGRADE SERVICE. USE OF SOFTWARE SUPPORT AND UPGRADE SERVICE IS LIMITED TO TAIS
TELECOMMUNICATION SYSTEMS PRODUCT SUPPLIED BY AN AUTHORIZED CHANNEL FOR
WHICH YOU ARE THE ORIGINAL END USER PURCHASER OR OTHERWISE HOLD A VALID
LICENSE TO USE THE SOFTWARE THAT IS BEING UPGRADED.
3. Copyright. You acknowledge that no title to the copyright or any other intellectual property rights in the
Software is transferred to you. You further acknowledge that title and full ownership rights to the Software
and all copies thereof will remain the exclusive property of TAIS and/or its suppliers, and you will not by this
EULA acquire any rights to the Software or any copies thereof, except the license expressly set forth
above. You will not remove or change any proprietary notices contained in or on the Software. The
Software is protected under US patent, copyright, trade secret, and/or other proprietary laws, as well as
international treaties. Any transfer, use, or copying of the Software in violation of the License Agreement
constitutes copyright infringement. You are hereby on notice that any transfer, use, or copying of the
Software in violation of this License Agreement constitutes a willful infringement of copyright.
4. Critical Applications. The Software is not designed or recommended for any "critical applications".
"Critical applications" means life support systems, medical applications, connections to implanted medical
devices, commercial transportation, nuclear facilities or systems or any other applications where product
failure could lead to injury to persons or loss of life or catastrophic property damage. ACCORDINGLY,
SHOULD YOU DECIDE TO USE THIS SOFTWARE FOR ANY CRITICAL APPLICATION TAIS
DISCLAIMS ANY AND ALL LIABILITY ARISING OUT OF THE USE OF THE SOFTWARE IN ANY
CRITICAL APPLICATION. IF YOU USE THE SOFTWARE IN A CRITICAL APPLICATION, YOU, AND
NOT TAIS, ASSUME FULL RESPONSIBILITY FOR SUCH USE. Further you shall indemnify and hold
TAIS harmless from any and all damages, liabilities, costs, and expenses, including reasonable attorneys'
fees and amounts paid in settlement of third party or government claims, incurred by TAIS as a result of or
in any way arising from such use.
5. No Reverse Engineering. You agree that you will not attempt, and if you employ employees or engage
contractors, you will use your best efforts to prevent your employees and contractors from attempting to
reverse compile, reverse engineer, modify, translate or disassemble the Software in whole or in part. Any
failure to comply with the above or any other terms and conditions contained herein will result in the
automatic termination of this license and the reversion of the rights granted hereunder back to TAIS.
6. Limited Warranty. THE HARDWARE PRODUCT LIMITED WARRANTY IS SET FORTH IN THE TAIS
STANDARD LIMITED WARRANTY ASSOCIATED WITH THE HARDWARE PRODUCT, WHICH MAY BE
POSTED ON THE TAIS TELECOMMUNICATION SYSTEMS DIVISION INTERNET WEBSITE. TAIS'
SOLE OBLIGATIONS WITH RESPECT TO TOSHIBA SOFTWARE IS SET FORTH IN THIS EULA.
UNLESS OTHERWISE STATED IN WRITING, ALL TOSHIBA AND THIRD PARTY SOFTWARE ARE
PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND BY TOSHIBA. UNLESS
THIRD PARTY SOFTWARE MANUFACTURERS, SUPPLIERS OR PUBLISHERS EXPRESSLY OFFER
THEIR OWN WARRANTIES IN WRITING IN CONNECTION WITH YOUR USE OF THEIR THIRD PARTY
SOFTWARE, SUCH THIRD PARTY SOFTWARE IS PROVIDED ON AN "AS IS" BASIS WITHOUT
WARRANTY OF ANY KIND BY THE MANUFACTURER, SUPPLIER, OR PUBLISHER OF SUCH THIRD
PARTY SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TAIS AND ITS
SUPPLIERS DISCLAIM ALL WARRANTIES WITH REGARD TO THE SOFTWARE, EITHER EXPRESS
OR IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF NON-