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End User License Agreement (Zhone and Affiliates)
Do not install this Software unless you agree to these provisions. Return the Software promptly for a refund if you do not agree.
License. Zhone Technologies, Inc. and/or an affiliate ("Zhone") hereby grants you ("User")— either an individual or a single business
Restrictions. The Software may not be (a) Used on or from any system other than the System;
(b)Used with more than any maximum number of subscribers stated in the documentation accompanying the Software; (c) Used so as to circumvent any technological measure included therein or provided by Zhone from time to time to control access to or limit use of the Software;
(d)sublicensed, rented, leased or lent to third parties; (e) imported or exported into any jurisdiction except in compliance with all applicable laws of the United States and such jurisdiction; (f) transferred to a third party unless (A) User transfers the original and all surviving copies to a third party who has agreed in writing to be bound hereby and (B) such third party pays to Zhone such reasonable additional fee as Zhone may impose from time to time with respect to such transfer; or (g) made available to third parties as part of any
Limited Warranty. Zhone warrants that the media containing the Software is free from defects in material and workmanship for ninety (90) days following your purchase of the Software. You may provide written notice of such defect (addressed to Zhone Technologies, Inc., Attention: Customer Service, 7001 Oakport Street @ Zhone Way, Oakland, CA 94621) no later than ten (10) days following expiration of such period and, as your sole and exclusive remedy, Zhone will provide replacement media. NEITHER ZHONE NOR ITS LICENSORS MAKE ANY OTHER WARRANTY, EXPRESS, IMPLIED OR STATUTORY. ZHONE AND ITS LICENSORS DISCLAIM ALL WARRANTIES OF FITNESS FOR PARTICULAR PURPOSE, MERCHANTABILITY AND
Limit of Liability. In case of any claim hereunder or related to the Software, neither Zhone nor its Licensors shall be liable for direct damages exceeding the price paid by User for the Software or for special, incidental, consequential or indirect damages, even if advised in advance of the potential thereof.
4929 DSLAM Installation and User’s Guide | 3 |