Inter-Tel 3000 manual Software License Agreement, Definitions

Inter-Tel 3000

Administrator’s Manual

SOFTWARE LICENSE AGREEMENT

THE FOLLOWING IS A SITE LICENSE AGREEMENT RELATING TO THE INTER-TEL SOFTWARE. PLEASE CAREFULLY READ ALL OF THE TERMS AND CONDITIONS BEFORE PROCEEDING. THE SOFTWARE REFERENCED HEREIN IS LICENSED IN ACCORDANCE WITH THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT SUCH TERMS AND CONDITIONS YOU WILL NOT BE PERMITTED TO USE THE SOFTWARE. IF YOU ACCESS OR USE SUCH SOFTWARE IN CONTRAVENTION OF THE TERMS AND PROVISIONS OF THIS AGREEMENT, YOU WILL BE SUBJECT TO PROSECUTION TO THE FULLEST EXTENT PERMITTED BY LAW.

Definitions:

“You” means, and “Yours” refers to the original end user purchaser of the Inter-Tel Software Programs. “Computer” means a computer consisting of a single central processing unit, one keyboard and one video display terminal. “Inter-Tel Hardware System” means any proprietary system distributed by Inter-Tel Integrated Systems (hereinafter “Company” or “Inter-Tel”) that operates by means of the Software. “Authorized Dealer” means an individual or entity currently authorized in writing by agreement and in good standing with Inter-Tel entitling the dealer to sell or license the specific Software covered by this license. “Software” means: the computer programs accompanying this License (including, but not limited to, codes, techniques, software tools, formats, designs, methods, processes, know-how and ideas) and any and all copies, modifications, upgrades, enhancements and new releases thereof made or acquired by You and any and all manuals and other printed materials accompanying this License or the Software.

License:

(a)Inter-Tel Integrated Systems, Inc. (“Inter-Tel”) grants You a non-exclusive, non-transferable license to install and use the enclosed Inter-Tel Software and accompanying documentation on any one standalone personal computer or Inter-Tel Hardware System (whichever applies). You assume the entire responsibility for the selection and installation of the enclosed Software program(s) in order to achieve desired results. You agree that you are licensing the Program for its end use only and not for resale or redistribution. You must be an Authorized Dealer of the specific Inter-Tel products covered by this license. You will be liable for theft and infringement under applicable patent, copyright and trademark laws of the United States for unauthorized use of the Software covered by this license.

(b)Inter-Tel reserves all rights in and to all patents, copyrights, trademarks, mask works and any other proprietary rights contained or embodied in the Software.

(c)You can make one (1) copy of the Inter-Tel Software program(s) contained on diskette(s) for back-up purposes only, provided that You reproduce and place the Inter-Tel copyright notice on the backup copy. You can make one (1) copy of the Software program(s) onto one (1) hard drive. You can not copy the Inter-Tel Software program(s) contained on any media other than diskette; e.g., hard disk drive, ROMs, PALs, Software Protection Key, etc.

(d)You are hereby notified that contained third-party suppliers and vendors are third-party beneficiaries to this Agreement to the extent that the Software contains software, programming and other materials provided by such third-party suppliers and vendors. Such provisions are made expressly for the benefit of and are enforceable by such third-party suppliers and vendors in addition to Inter-Tel.

(e)You hereby acknowledge and agree that the license granted in this agreement is a site license. i.e., the software can only be installed at the initial end user site licensed for this software and at no other site without the express written consent and relicensing by Inter-Tel Integrated Systems, Inc. You

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