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030-300411 Rev. A 138 July 2004
Westell (Models 6000, 6100, 6110)
User Guide
23. SOFTWARE LICENSE AGREEMENT (Models 6000, 6100, 6110)
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
SOFTWARE Diskettes 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 Diskettes 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
Diskettes 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.