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Dialogic Corporation License Agreement For Use Of Software - Dialogic Diva BRI-2FX Installationshandbuch

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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
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;
Dialogic® Diva® Media Board Installation Guide
®
hardware or software product You may also make one
page 3

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