Bay Technical Associates none manual Bay Networks Software License

Bay Networks Software License

Note: This is Bay Networks basic license document. In the absence of a software license agreement specifying varying terms, this license -- or the license included with the particular product -- shall govern licensee’s use of Bay Networks software.

This Software License shall govern the licensing of all software provided to licensee by Bay Networks (“Software”). Bay Networks will provide licensee with Software in machine-readable form and related documentation (“Documentation”). The Software provided under this license is proprietary to Bay Networks and to third parties from whom Bay Networks has acquired license rights. Bay Networks will not grant any Software license whatsoever, either explicitly or implicitly, except by acceptance of an order for either Software or for a Bay Networks product (“Equipment”) that is packaged with Software. Each such license is subject to the following restrictions:

1.Upon delivery of the Software, Bay Networks grants to licensee a personal, nontransferable, nonexclusive license to use the Software with the Equipment with which or for which it was originally acquired, including use at any of licensee’s facilities to which the Equipment may be transferred, for the useful life of the Equipment unless earlier terminated by default or cancellation. Use of the Software shall be limited to such Equipment and to such facility. Software which is licensed for use on hardware not offered by Bay Networks is not subject to restricted use on any Equipment, however, unless otherwise specified on the Documentation, each licensed copy of such Software may only be installed on one hardware item at any time.

2.Licensee may use the Software with backup Equipment only if the Equipment with which or for which it was acquired is inoperative.

3.Licensee may make a single copy of the Software (but not firmware) for safekeeping (archives) or backup purposes.

4.Licensee may modify Software (but not firmware), or combine it with other software, subject to the provision that those portions of the resulting software which incorporate Software are subject to the restrictions of this license. Licensee shall not make the resulting software available for use by any third party.

5.Neither title nor ownership to Software passes to licensee.

6.Licensee shall not provide, or otherwise make available, any Software, in whole or in part, in any form, to any third party. Third parties do not include consultants, subcontractors, or agents of licensee who have licensee’s permission to use the Software at licensee’s facility, and who have agreed in writing to use the Software only in accordance with the restrictions of this license.

7.Third-party owners from whom Bay Networks has acquired license rights to software that is incorporated into Bay Networks products shall have the right to enforce the provisions of this license against licensee.

8.Licensee shall not remove or obscure any copyright, patent, trademark, trade secret, or similar intellectual property or restricted rights notice within or affixed to any Software and shall reproduce and affix such notice on any backup copy of Software or copies of software resulting from modification or combination performed by licensee as permitted by this license.

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