Eicon Networks V8.3 4

•You transfer possession of any copy, modification or merged portion of the Program or documentation to another party in any way other than as expressly permitted in this License Agreement, this license is automatically terminated.

Upgrades

If the Program is provided as an upgrade and the upgrade is an upgrade from another software product licensed to You and Your Authorized Users by Dialogic, the upgrade is governed by the License Agreement earlier provided with that software product package and the present License Agreement does not grant you additional license(s).

Third Party software application

The Program may contain certain software applications and portions of applications which are provided to You under terms and conditions which are different from this Agreement (such as open source or community source) or which require Dialogic to provide Customer and its Subsidiaries with certain notices and/or information (collectively “Excluded Code”). Dialogic will identify such Excluded Code in a text file or about box or in a file or files referenced thereby (and shall include any associated license agreement, notices and other related information therein), or the Excluded Code will contain or be accompanied by its own license agreement. Your use of the Excluded Code will be subject to the terms and conditions of such other license agreement solely to the extent such terms and conditions are inconsistent with the terms and conditions of this Agreement or are required by such other license agreement. By using or not uninstalling such Excluded Code after the initial installation of the Excluded Code you acknowledge and agree to all such license agreements, notices and information.

Term

The license is effective until terminated. You may terminate it at any time by destroying the Program and documentation together with all copies, modifications and merged portions in any form. It will also terminate upon conditions set forth elsewhere in this Agreement or if you fail to comply with any terms or conditions of this Agreement. You agree upon such termination to destroy the Program and documentation together with all copies, modifications and merged portions in any form.

Limited Warranty

The only warranty Dialogic makes is that the medium on which the Program is recorded will be replaced without charge if Dialogic, in good faith, determines that it was defective in materials or workmanship and if returned to your supplier with a copy of your receipt within ninety (90) days from the date you received it. Dialogic offers no warranty for your reproduction of the Program. This Limited Warranty is void if failure of the Program has resulted from accident, misuse, abuse, or misapplication.

Customer Remedies

Dialogic's entire liability and You and Your Authorized Users exclusive remedy shall be, at Dialogic's option, either (a) return of the price paid or (b) repair or replacement of the Program that does not meet the above Limited Warranty. Any replacement Program will be warranted for the remainder of the original Warranty period.

No Other Warranties

Dialogic disclaims all other warranties, either expressed or implied, including but not limited to implied warranties or merchantability and fitness for a particular purpose and the warranty against latent defects, with respect to the Program and the accompanying documentation. This limited warranty gives You specific legal rights. You may have others, which may vary from jurisdiction to jurisdiction.