NDC comm CompuFax user manual Networking Dynamics Corporation Software License Agreement

NETWORKING DYNAMICS CORPORATION

SOFTWARE LICENSE AGREEMENT

1. PREACCEPTAN CE N OTICE

1.1READ THE TERMS AND CONDITIONS OF THIS AGREEMENT BEFORE OPENING THE MEDIA PACKAGE. YOU ACCEPT TH IS AGREEMEN T IF YOU OPEN THE MEDIA PACKAGE, PLACE ANY SOFTWARE FROM THE MEDIA PACKAGE INTO USE OR IF YOU KEEP THE SOFTWARE MEDIA PACKAGE FOR MORE THAN THIRTY (30) DAYS.

IF YOU DO NOT AGREE TO THE TERMS ON THIS AGREEMENT, YOU MUST RETURN THE UNOPENED MEDIA PACKAGE AND DOCUMENTATION WITHIN THIRTY (30) DAYS AND YOUR MONEY WILL BE REFUNDED (LESS NORMAL SHIPPING AND HANDLING).

2. TERM

2.1This license is effective until terminated. You may terminate this license upon 30 days’ written notice to Networking Dynamics Corporation (NDC). NDC may terminate the license on 30 days’ written notice to you if you fail to comply with any term or condition of this agreement or fail to purchase a full license within thirty (30) days of or fail to pay NDC any monies due within ninety (90) days of the due date.

2.2Upon termination, you agree to return to NDC or destroy all copies of the licensed software, documentation, modifications and merged portions in any form.

3. SCOPE OF USE

3.1This license grants you the personal and non-exclusive right to use the licensed software solely (a) for your own purposes; (b) on the one particular computer system, CPU or cluster on which the license key was originally installed; and (c) according to all the terms and conditions set forth in the license.

3.2You assume responsibility for the selection of the licensed software to achieve your intended results and for its installation, use and obtained results.

3.3You may not sublicense, copy, modify or transfer the licensed software except as expressly provided in this license.

3.4You may permit others, including your employees, customers, consultants and contractors to use the licensed software if they agree to abide by the terms and conditions of this agreement.

3.5The storage media that you receive may contain certain demonstration software that you have not ordered. You agree that this software license applies to any and all software which you install from the distribution media, and that you will not place any such demonstration software into use for more than a 30 day trial period without first purchasing a valid software license. NDC may incorporate technical means to prevent you from having unlimited access to any such demonstration software.

4. PROPRIETARY RIGHTS

4.1You agree that the licensed software is the valuable property of NDC, no part of which may be reproduced or transmitted in any form or by any means, electronic, mechanical or otherwise, including photocopying and recording or in connection with any information storage or retrieval system without permission in writing from NDC.

4.2You may not copy the licensed software or its documentation except for backup purposes or to load the licensed software into the computer as part of installation or execution of the program. All other copies of the licensed software or its documentation are in violation of this license.

4.3You acknowledge that the licensed software (a) contains valuable copyright, trade secret and other intellectual and proprietary information, and

(b) remains the confidential property of NDC. You agree not to disclose or make available such information to any person for any purpose other than is necessary for your use of the licensed software as authorized by this Agreement.

4.4You agree that NDC retains full ownership of the source code to the licensed software and that you shall have no access or rights to the source code. You agree not to decompile or disassemble the licensed software. You agree not to create, or attempt to create, or permit or help others to create, the source code, or to reverse engineer or attempt to reveal NDC’s trade secrets and proprietary rights, from the licensed software furnished pursuant to this Agreement.

4.5Use, duplication or disclosure of the Product by the U.S. Government is subject to "Restricted Rights", as that term is defined in the Department of Defense ("DOD") Supplement to the Federal Acquisition Regulations ("DFARS") in paragraph 252.227-7013(c)(1) if to the DOD, or, if the Product is supplied to any unit or agency of the U.S. Government other than DOD, the Government's rights in the Product will be as defined in paragraph 52.227-19(c)(2) of the Federal Acquisition Regulations ("FAR"). Use, duplication or disclosure by any foreign government is subject to equivalent restrictions as defined in that country's laws and/ or regulations.

5. LIMITED WARRAN TY

5.1NDC warrants that the licensed software will perform substantially in accordance with the software manual when delivered. NDC will provide all reasonable services to remedy any verified non-conformity to the software manual reported within the warranty period. The warranty period begins when the licensed software is installed or thirty (30) days after delivery to you, whichever occurs first, and ends ninety (90) days later. All warranty-related support for the licensed software will terminate upon the release of any subsequent version of the licensed software.

5.2CORRECTION OF REPORTED ERRORS BY N DC IS THE SOLE AN D EXCLUSIVE REMEDY UN DER THIS WARRAN TY. THE LICENSED SOFTWARE AND DOCUMENTATION ARE PROVIDED WITHOUT ANY OTHER WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NDC DOES NOT WARRANT THAT THE LICENSED SOFTWARE WILL BE ERROR-FREE, THAT THE LICENSED SOFTWARE WILL OPERATE WITH ANY HARDWARE OR SOFTWARE OTHER THAN THAT SPECIFIED IN THE SOFTWARE MANUAL, THAT THE LICENSED SOFTWARE WILL SATISFY YOUR OWN SPECIFIC REQUIREMENTS OR THAT