Navini Networks, Inc.

Ripwave Modem User Guide

ADDENDUM 2: End User Software License Agreement

---- NOTICE TO USER ----

END-USER LICENSE AGREEMENT FOR RIPWAVE SOFTWARE

BY USING THE RIPWAVE SOFTWARE (INCLUDING THE COMPUTER SOFTWARE, THE ASSOCIATED MEDIA, ANY PRINTED MATERIALS, THE RIPWAVE MODEM, AND ANY ELECTRONIC OR “ONLINE” DOCUMENTATION) YOU ACCEPT THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS HEREIN, DO NOT USE THE SOFTWARE, AND PROMPTLY RETURN THE ENTIRE PACKAGE TO YOUR AUTHORIZED SERVICE PROVIDER.

IN RETURN FOR OUR GRANTING TO YOU A LICENSE TO USE THE SOFTWARE, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS:

IMPORTANT - READ CAREFULLY: This End-User License Agreement ("Agreement") is a legal agreement between you (either an individual or an entity) and Navini Networks, Inc. for the Ripwave Software ("SOFTWARE"). The SOFTWARE includes computer software, the associated media, any printed materials, and any electronic or "online" documentation. Any software provided along with the SOFTWARE that is associated with a separate end-user license agreement is licensed to you under the terms of that license agreement. By installing, copying, downloading, accessing, or otherwise using the SOFTWARE, you agree to be bound by the terms of this AGREEMENT. If you do not agree to the terms of this AGREEMENT, Navini is unwilling to license the SOFTWARE to you. In such event, you shall not use or copy the SOFTWARE, and you should promptly contact your Authorized Service Provider ("ASP") for instructions on return of the SOFTWARE and Ripwave Modem. EXCEPT FOR NON-

DISCLOSURE AGREEMENTS BETWEEN THE PARTIES, THIS IS THE ENTIRE AGREEMENT BETWEEN THE PARTIES RELATING TO THIS SOFTWARE ANDSUPERSEDES ANY PURCHASE ORDER, COMMUNICATION, ADVERTISING, OR REPRESENTATION CONCERNING THE SOFTWARE OR THE RIPWAVE SERVICE. NO CHANGE OR MODIFICATION OF THIS AGREEMENT WILL BE VALID UNLESS IT IS IN WRITING AND SIGNED BY NAVINI.

SOFTWARE LICENSE

The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold. This Agreement does not authorize a sale or lease of the SOFTWARE. The term "COMPUTER" shall mean a single computer system.

Part #40-00097-00 Rev E v1.0

37

July 30, 2003

 

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Navini Networks 40-00097-00 manual Addendum 2 End User Software License Agreement