Toshiba IP edge General Description Manual page 159

grounds for injunctive relief, without notice, against you or any other person in possession of the
Software. You and any other person whose possession of the Software violates this EULA shall
promptly surrender possession of the Software to TOSHIBA, upon demand. Furthermore, you
hereby agree not to create derivative works based on the Software. TOSHIBA reserves the right to
terminate this license and to immediately repossess the Software in the event that you or any other
person violates this EULA.
2. Software Support and Upgrade Service. NOTWITHSTANDING ANY OTHER PROVI-
SION OF THIS EULA, YOU HAVE NO LICENSE OR RIGHT TO ANY SOFTWARE SUP-
PORT AND UPGRADE SERVICE, UNLESS YOU HOLD A VALID LICENSE TO THE
ORIGINAL SOFTWARE AND HAVE PAID THE APPLICABLE FEE TO AN AUTHORIZED
CHANNEL FOR THE SOFTWARE SUPPORT AND UPGRADE SERVICE. USE OF SOFT-
WARE SUPPORT AND UPGRADE SERVICE IS LIMITED TO TOSHIBA TELECOMMUNI-
CATIONS SYSTEMS PRODUCT SUPPLIED BY AN AUTHORIZED CHANNEL FOR
WHICH YOU ARE THE ORIGINAL END USER PURCHASER OR OTHERWISE HOLD A
VALID LICENSE TO USE THE SOFTWARE THAT IS BEING UPGRADED.
3. Copyright. You acknowledge that no title to the copyright or any other intellectual property
rights in the Software is transferred to you. You further acknowledge that title and full ownership
rights to the Software and all copies thereof will remain the exclusive property of TOSHIBA and/
or its suppliers, and you will not, by this EULA, acquire any rights to the Software or any copies
thereof, except the license expressly set forth above. You will not remove or change any proprie-
tary notices contained in or on the Software. The Software is protected under applicable patent,
copyright, trade secret, and/or other proprietary laws, as well as international treaties. Any trans-
fer, use, or copying of the Software in violation of the EULA constitutes copyright infringement.
You are hereby on notice that any transfer, use, or copying of the Software in violation of this
EULA constitutes a willful infringement of copyright.
4. Critical Applications. The Software is not designed or recommended for any "critical applica-
tions". "Critical applications" means life support systems, medical applications, connections to
implanted medical devices, commercial transportation, nuclear facilities or systems or any other
applications where product failure could lead to injury to persons or loss of life or catastrophic
property damage. ACCORDINGLY, SHOULD YOU DECIDE TO USE THIS SOFTWARE FOR
ANY CRITICAL APPLICATION, TOSHIBA DISCLAIMS, TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, ANY AND ALL LIABILITY ARISING OUT OF THE
USE OF THE SOFTWARE IN ANY CRITICAL APPLICATION. IF YOU USE THE SOFT-
WARE IN A CRITICAL APPLICATION, YOU, AND NOT TOSHIBA, ASSUME FULL
RESPONSIBILITY FOR SUCH USE. Further you shall indemnify and hold TOSHIBA and its
affiliates harmless from any and all damages, liabilities, costs, and expenses, including reasonable
attorneys' fees and amounts paid in settlement of third party or government claims, incurred by
TOSHIBA and its affiliates as a result of or in any way arising from such use.
5. No Reverse Engineering. You agree that you will not attempt, and if you employ employees or
engage contractors, you will use your best efforts to prevent your employees and contractors from
attempting to reverse compile, reverse engineer, modify, translate or disassemble the Software in
whole or in part. Any failure to comply with the above or any other terms and conditions con-
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