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End User License Agreement (Zhone and Affiliates)
License. Zhone Technologies, Inc. and/or an affiliate ("Zhone") hereby grants you
("User")—either an individual or a single business entity—the non-exclusive right to
install, access, run, or inter. act with ("Use") one copy of the enclosed software (which
may have been, or may be, provided on media, as part of a hardware platform, through
download, or otherwise) and associated documentation ("Software") on the first
computer system on which User installs the Software ("System") solely for internal
business purposes (including, without limitation, providing products and services to
User's customers) and subject to the restrictions below). Zhone may, in its sole
discretion, make available future updates or upgrades to the Software each of which is
also Software subject hereto. Title to and all patent rights, copyrights and other
intellectual property rights in the Software are retained by Zhone and its direct and
indirect suppliers and licensors ("Licensors").
Restrictions. The Software may not be (a) Used on or from any system other than the
System; (b) Used with more than any maximum number of subscribers stated in the
documentation accompanying the Software; (c) Used so as to circumvent any
technological measure included therein or provided by Zhone from time to time to
control access to or limit use of the Software; (d) sublicensed, rented, leased or lent to
third parties; (e) imported or exported into any jurisdiction except in compliance with
all applicable laws of the United States and such jurisdiction; (f) transferred to a third
party unless (A) User transfers the original and all surviving copies to a third party who
has agreed in writing to be bound hereby and (B) such third party pays to Zhone such
reasonable additional fee as Zhone may impose from time to time with respect to such
transfer; or (g) made available to third parties as part of any time-sharing or service
bureau arrangement. User shall not have the right to use the Software or any portion
thereof for a use other than that contemplated by its documentation. User will not copy
all or any part of the Software or attempt, or encourage or permit any third party, to
modify, adapt, make derivative works from, reverse engineer, reverse compile,
disassemble or decompile the Software or any portion thereof except and only to the
extent that such activity is expressly permitted by law notwithstanding this limitation.
Violation of any of the foregoing shall be deemed a material breach hereof. User may
make a reasonable number of copies solely for archival or disaster recovery and subject
to the restrictions imposed by copyright law, but may not modify or otherwise copy the
Software. User agrees to reproduce product identification, copyright and other
proprietary notices of Zhone and Licensors on all copies. User's rights are only as
expressly stated herein. Zhone may immediately terminate your rights if you violate the
provisions hereof.
Limited Warranty. Zhone warrants that the media containing the Software is free from
defects in material and workmanship for ninety (90) days following your purchase of
the Software. You may provide written notice of such defect (addressed to Zhone
Technologies, Inc., Attention: Customer Service, 7001 Oakport Street @ Zhone Way,
Oakland, CA 94621) no later than ten (10) days following expiration of such period
and, as your sole and exclusive remedy, Zhone will provide replacement media.
NEITHER ZHONE NOR ITS LICENSORS MAKE ANY OTHER WARRANTY,
EXPRESS, IMPLIED OR STATUTORY. ZHONE AND ITS LICENSORS DISCLAIM
ALL WARRANTIES OF FITNESS FOR PARTICULAR PURPOSE,
MERCHANTABILITY AND NON-INFRINGEMENT. Some states or other
jurisdictions do not allow the exclusion of implied warranties on limitations on how
long an implied warranty lasts, so the above limitations may not apply to you. This
warranty gives you specific legal rights, and you may also have other rights which vary
from one state or jurisdiction to another.
Limit of Liability. In case of any claim hereunder or related to the Software, neither
Zhone nor its Licensors shall be liable for direct damages exceeding the price paid by
User for the Software or for special, incidental, consequential or indirect damages, even
if advised in advance of the potential thereof.
U.S. Government Users. The Software is a "commercial item" as defined at 48 C.F.R.
2.101, consisting of "commercial computer software" and "commercial computer
software documentation" as such terms are used in 48 C.F.R. 12.212. Under 48 C.F.R.
12.212 and 48 C.F.R. 227.7202-1 to 227.7202-4, U.S. Government Users acquire the
Software only with the rights set forth therein.
Third Party Licensors. This Zhone End User License Agreement may be accompanied
by differing or additional provisions applicable to portions of the Software provided by
one or more Licensors ("Licensor Provisions"). User acknowledges and agrees that its
Use of such portions of the Software is subject to the Licensor Provisions.
Do not install this Software unless you agree to these provisions.
Return the Software promptly for a refund if you do not agree.
Copyright © 2005 Zhone Technologies, Inc.