C Warranty And Software License - Nokia IP500 Series Installation Manual

C
Warranty and Software License
THE TERMS AND CONDITIONS SET FORTH ON THIS DOCUMENT CONSTITUTE THE ENTIRE AGREEMENT
BETWEEN Nokia, Inc., A DELAWARE CORPORATION ("NOKIA"), AND CUSTOMER IN RESPECT OF THE
NOKIA SOFTWARE INCLUDED IN THE PRODUCT PACKAGE, INCLUDING ANY DOCUMENTATION
THERETO (the "SOFTWARE"). NOKIA WILL NOT BE BOUND BY ANY TERMS OF ANY PRIOR AGREEMENT
OR UNDERSTANDING THAT ARE INCONSISTENT WITH THE TERMS HEREIN. THE SOFTWARE IS
LICENSED ONLY ON THE CONDITION THAT THE CUSTOMER ACCEPTS THE TERMS OF THIS AGREEMENT.
BY OPENING THE PACKAGE AND/OR BY MAKING USE OF THE ENCLOSED SOFTWARE YOU AGREE TO BE
BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS
AGREEMENT PLEASE IMMEDIATELY RETURN THE SOFTWARE IN THE PRODUCT PACKAGE TO THE
PLACE YOU PURCHASED IT FOR FULL REFUND.
1.
SOFTWARE LICENSE. Unless Customer is an approved Managed Service Provider, Nokia grants to Customer a
personal, nonexclusive and nontransferable license to use the Software in object code form solely as embedded in
equipment provided by Nokia. If Customer is an approved Managed Service Provider ("MSP"), Nokia grants a
nonexclusive and non transferable license to demonstrate the Software to clients and prospective clients in order to
market MSP's managed services and to use the Software to provide managed services provided that each copy of the
Software is used solely on behalf of and for the benefit of a single client on the single piece of equipment provided
by Nokia. An MSP may discontinue use of the Software on behalf of one client and use the Software to provide
managed services to another single client.
Customer may make one (1) archival copy of the Software provided Customer affixes to such copy all copyright,
confidentiality and proprietary notices that appear on the original. Customer shall not otherwise, in whole or in part,
copy the Software or documentation; modify the Software or create derivative works thereof; reverse compile or
reverse assemble all or any portion of the Software; rent, lease, distribute, sell, or use for time-sharing purposes, the
Software; or use or allow the Software to be used for the direct benefit of any third party. Any fixes, updates or new
releases of the Software, which may be made available to Customer, shall be deemed part of the "Software," subject
to the restrictions and limitations contained in this license.
2.
PROPRIETARY RIGHTS. All right, title and interest in and to the Software and documentation, and any copies
thereof provided by Nokia or which may be made by Customer, are and shall remain the exclusive property of Nokia
or Nokia's licensors (Nokia and its licensors are collectively referred to as "Software Owners"). Each Software
Owner shall have the right to enforce this Agreement against the Customer as to such Software Owner's Software.
3.
LIMITED WARRANTY.
3.1 Software Warranty. Nokia warrants that the Software will substantially conform to the published
specifications for a period of ninety (90) days, plus a thirty (30) day transit allowance, from the date of shipment. If
the Software is found to contain a substantial nonconformance, Nokia's sole obligation under this warranty shall be,
at Nokia's option: (a) to correct, or provide a "work around" for any material programming error or defect in the
Software, or (b) to refund to Licensee the purchase price paid and this Agreement shall terminate.
3.2 Warranty Services. In the event of a warranted problem with respect to the Software, Customer shall call its
reseller for warranty services. All repair services are provided by Nokia's authorized reseller from whom the
Customer has purchased the product on which the Software is imbedded.
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