Westell Technologies 7400, 7401 manual Software License Agreement

User Guide UltraLine Home DSL Router (Models 7400, 7401)

21. SOFTWARE LICENSE AGREEMENT

READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY. THIS SOFTWARE IS COPYRIGHTED AND LICENSED (NOT SOLD). BY INSTALLING AND OPERATING THIS PRODUCT, YOU ARE ACCEPTING AND AGREEING TO THE TERMS OF THIS LICENSE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT, YOU SHOULD PROMPTLY RETURN THE SOFTWARE AND HARDWARE TO WESTELL TECHNOLOGIES, INC. THIS LICENSE AGREEMENT REPRESENTS THE ENTIRE AGREEMENT CONCERNING THE SOFTWARE BETWEEN YOU AND WESTELL TECHNOLOGIES, INC. (REFERRED TO AS "LICENSOR"), AND IT SUPERSEDES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING BETWEEN THE PARTIES.

1.License Grant. Licensor hereby grants to you, and you accept, a nonexclusive license to use the Compact Disk (CD) and the computer programs contained therein in machine-readable, object code form only (collectively referred to as the "SOFTWARE"), and the accompanying User Documentation, only as authorized in this License Agreement. The SOFTWARE may be used only in connection with the number of systems for which you have paid license fees as dictated in your support agreement. You agree that you will not assign, sublicense, transfer, pledge, lease, rent, or share your rights under this License Agreement. You agree that you may not nor allow others to reverse assemble, reverse compile, or otherwise translate the

SOFTWARE.

You may retain the SOFTWARE CD for backup purposes only. In addition, you may make one copy of the SOFTWARE in any storage medium for backup purposes only. You may make one copy of the User's Manual for backup purposes only. Any such copies of the SOFTWARE or the User's Manual shall include Licensor's copyright and other proprietary notices. Except as authorized under this paragraph, no copies of the SOFTWARE or any portions thereof may be made by you or any person under your authority or control.

2.Licensor's Rights. You acknowledge and agree that the SOFTWARE and the User's Manual are proprietary products of Licensor protected under U.S. copyright law. You further acknowledge and agree that all right, title, and interest in and to the SOFTWARE, including associated intellectual property rights, are and shall remain with Licensor. This License Agreement does not convey to you an interest in or to the SOFTWARE, but only a limited right of use revocable in accordance with the terms of this License Agreement.

3.License Fees. The fees paid by you under the support agreement are paid in consideration of the licenses granted under this License Agreement.

4.Term. This License Agreement is effective upon your opening of this package and shall continue until terminated. You may terminate this License Agreement at any time by returning the SOFTWARE and all copies thereof and extracts there from to Licensor. Licensor may terminate this License Agreement upon the breach by you of any term hereof. Upon such termination by Licensor, you agree to return to Licensor the SOFTWARE and all copies and portions thereof.

5.Limited Warranty. Licensor warrants, for your benefit alone, for a period of 90 days from the date of commencement of this License Agreement (referred to as the "Warranty Period") that the SOFTWARE CD in which the SOFTWARE is contained are free from defects in material and workmanship. Licensor further warrants, for your benefit alone, that during the Warranty Period the SOFTWARE shall operate substantially in accordance with the functional specifications in the User's Manual. If during the Warranty Period, a defect in the SOFTWARE appears, you may return the SOFTWARE to Licensor for replacement. You agree that the foregoing constitutes your sole and exclusive remedy for breach by Licensor of any warranties made under this Agreement.

030-300381 Rev. A 151 January 2004