Toshiba IP4100 Installation Manual page 9

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 EULA constitutes
copyright infringement. You are hereby on notice that any transfer, use, or copying of the Software in
violation of this EULA 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, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 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.
Notwithstanding the foregoing, in regard to any conflict between the terms of this Section 5 and any
applicable open source license agreements (as referred to herein) for any open source software included
in the Software, the terms of the applicable open source license agreement controls.
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-INFRINGEMENT OF THIRD PARTY RIGHTS, AND THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO
THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. NEITHER TAIS NOR ITS
SUPPLIERS WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR