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Dialogic Corporation License Agreement for Use of Software
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Dialogic Corporation License Agreement for Use of Software
This is an Agreement between you, the Company, and your Affiliates (referred to in some instances as "You" and in other
instances as "Company") and all Your Authorized Users and Dialogic Corporation ("Dialogic").
YOU SHOULD CAREFULLY READ THE SOFTWARE LICENSE AGREEMENT ("AGREEMENT") ON THIS SEALED PACKAGE BEFORE
OPENING THE PACKAGE. BY OPENING THE PACKAGE, YOU ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF
YOU DO NOT AGREE WITH OR ARE UNWILLING TO ACCEPT THESE
TERMS AND CONDITIONS, YOU MAY RETURN THE PACKAGE IN UNOPENED "AS NEW" CONDITION (INCLUDING ALL
DOCUMENTATION AND BINDERS OR OTHER CONTAINERS) FOR A FULL REFUND. BY DOWNLOADING, INSTALLING, COPYING
OR OTHERWISE USING THE ENCLOSED SOFTWARE ("PROGRAM"), YOU FURTHER AGREE AND ACKNOWLEDGE THAT YOU
HAVE READ THIS AGREEMENT AND UNDERSTAND IT, AND THAT BY TAKING ANY ONE OR MORE OF SUCH STEPS/ACTIONS
YOU AGREE TO BE BOUND BY SUCH TERMS AND CONDITIONS. DIALOGIC IS UNWILLING TO LICENSE THE SOFTWARE TO
YOU IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
Intellectual Property
The enclosed Software ("Program") and all accompanying documentation are individually and collectively owned by Dialogic
Corporation ("Dialogic"), its subsidiaries and/or its suppliers and are protected by all applicable intellectual property laws and
international treaty provisions. Therefore, You and Your Authorized Users must treat the Program and documentation like any
other material so protected, except as expressly permitted in this Agreement. In particular, but without limitation, You
acknowledge that the Program and its accompanying documentation constitute valuable intellectual property rights, including
without limitation trade secrets and copyrights, and confidential information of Dialogic. The Program and all programs
developed thereunder and all copies thereof (including without limitation translations, compilations, partial copies with
modifications and updated works) are proprietary to Dialogic and title to all applicable copyrights, trade secrets, patents and
other intellectual property rights therein remains in Dialogic, its subsidiaries, and/or its suppliers. Except as expressly permitted
in this Agreement, You shall not sell, transfer, publish, disclose, display or otherwise make available the Program or copies
thereof to others. You agree to secure and protect the Program, its accompanying documentation and copies thereof in a
manner consistent with the maintenance of Dialogic's rights therein and to take appropriate action by instruction or agreement
with Your employees and/or consultants who are permitted access to the Program to satisfy Your obligations hereunder.
Violation of any provision of this paragraph shall be the basis for immediate termination of this Agreement. Because
unauthorized use or transfer of the Software or documentation may diminish substantially the value of such materials and
irrevocably harm Dialogic, if You breach the provisions of this Section of this Agreement, Dialogic shall be entitled to injunctive
and/or other equitable relief, in addition to other remedies afforded by law, to prevent a breach of this Section of this Agreement.
Grant of License
Subject to the terms and conditions of this Agreement Dialogic grants to You a non-exclusive, personal, non-transferable
license to use the Program in object code form only and solely in accordance with the following terms and conditions:
• You may make, install and use only one (1) copy of the Program on a single-user computer, file server, or on a workstation
of a local area network, and only in conjunction with a legally acquired Dialogic® hardware or software product You may
also make one copy solely for backup or archive purposes;
• The primary Authorized User on the computer on which the Program is installed may make a second copy for his/her
exclusive use on either a home or portable computer;
• You may copy the Program into any machine readable or printed form for backup or modification purposes in support of
Your use of one copy of the Program;
• You may distribute the Program in object code only and only as part of, or integrated by You into, a computer system that
(i) contains a Dialogic hardware product, (ii) includes a substantial amount of other software and/or hardware manufactured
or marketed by You and (iii) is marketed and sublicensed to an end user for the end user's own internal use in the regular
course of business (a "Licensed System");
• Each end user to whom a Licensed System is distributed must agree to license terms with respect to the Program that are
at least as protective of Dialogic's rights in the Program as those set forth in this Agreement;
• You shall receive one (1) Program master disk, and shall be solely responsible for copying the Program into the Licensed
Systems and for warranting the physical media on which it is copied
• You may make one (1) copy of the documentation accompanying the Program, provided that all copyright notices contained
within the documentation are retained;
• You may modify the Program and/or merge it into another Program for Your use in one computer; (any portion of this
Program will continue to be subject to the terms and conditions of this Agreement);
• You may transfer the Program, documentation and the license to another eligible party within Your Company if the other
party agrees to accept the terms and conditions of this Agreement. If You transfer the Program and documentation, You
must at the same time either transfer all copies whether in printed or machine readable form to the same party or destroy
any copies not transferred; this includes all modifications and portions of the Program contained in or merged into other
Programs;