Navini Networks 40-00460-00R manual Addendum 2 End User Software License Agreement

Navini Networks, Inc. PMX User’s Guide

ADDENDUM 2: End User Software License Agreement

between

Navini Networks, Inc.

and

Buyer

ARTICLE 1

IMPORTANT MESSAGE

1.1Act of Assent. Installing the Software indicates that you have read, understand and accept this License Agreement.

ARTICLE 2

LICENSES

2.1Grant of License. The Software and related Documentation, are the intellectual property of Navini Networks, Inc. and are protected by law. Navini Networks, Inc. grants to Buyer a personal, nonexclusive, nontransferable worldwide license, for revocable use (as permitted herein) of the Software based on the terms and conditions of this License Agreement and the Master Supply Agreement to which it is attached. Buyer is permitted to install and use the Software on its server, but only in conjunction with the Navini Hardware. Buyer is not permitted to rent, sell or otherwise transfer the Software to any third parties.

2.2Ownership Rights. Under this Agreement, Buyer does not acquire any rights of ownership in the Software and related Documentation and subsequent releases and versions licensed by Navini Networks, Inc. to Buyer pursuant to this License Agreement, whether in printed or machine-readable format. Buyer acquires only the right to use the Software and related Documentation subject to the terms and conditions of this Agreement. Buyer promises to keep the Software in confidence for the benefit of Navini Networks, Inc. and agrees to destroy or return the Software and all copies at such time as Buyer chooses to cease using the Software or upon termination or cancellation of this License Agreement for any reason.

2.3Backup Copies. Buyer may copy the Software for safekeeping (archival) or backup purposes, provided that all such copies of the Software are subject to the provisions of this License Agreement, and also provided that each copy shall include in readable format any and all confidential, proprietary, and copyright notices or markings contained in the original.

2.4Assignment. The rights granted in this License Agreement are restricted for use solely by Buyer and may not be assigned, transferred, or sublicensed, however Buyer may grant access to its server to End-Users. Each Buyer shall be authorized to make use of the Software in the form in which it is provided to Buyer solely for Buyer’s own computer server location. Buyer represents that it will not use the Software for any purpose that is not expressly delineated in this Agreement. Further Buyer represents that it will comply with all export, re-export, and other laws in its use of the Software.

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