User manual

4200 User Manual Edgewater Networks, Inc.
Version 1.4 48
(ii) replacing the Software with conforming software; or (iii) refunding of the license fee paid for the
Software.
EXCEPT AS EXPRESSLY PROVIDED, THE SOFTWARE IS PROVIDED TO YOU “AS IS” AND EDGEWATER
NETWORKS AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS
INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR WRITTEN
INFORMATION OR ADVICE GIVEN BY EDGEWATER NETWORKS, ITS EMPLOYEES, DISTRIBUTORS,
DEALERS, OR AGENS SHALL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW
WARRANTIES. Some states or jurisdictions do not allow the disclaimer of certain implied warranties, so
the above disclaimer may not apply to You.
5. LIMITATION OF REMEDIES. REGARDLESS OF WHETHER ANY REMEDY SET FOTH HEREIN FAILS
OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT WILL EDGEWATER NETWORKS OR ITS
SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA,
INTERRUPTION OF BUSINESS, OR OTHER SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL
DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILTY TO USE THE SOFTWARE OR ANY DATA
SUPPLIED THEREWITH, EVEN IF EDGEWATER NETWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE. IN NO
EVENT SHALL THE LIABILITY OF EDGEWATER NETWORKS EXCEED THE AMOUNT RECEIVED BY
EDGEWATER NETWORKS FROM YOU FOR THIS SOFTWARE LICENSE. Some states or jurisdictions do not
allow the exclusion or limitation of incidental, consequential, indirect or special damages, so the above
limitations may not apply to You.
6. EXPORT LAW. The Software and related technology are subject to U.S. export control laws and
may be subject to export or import regulations in other countries. You agree to strictly comply with all
such laws and regulations and acknowledge that you have the responsibility to obtain such licenses to
export, re-export or import as may be required.
7. U.S. GOVERNMENT END USERS. The Software is a “commercial item” as that term is defined at
FAR 2.101 (Oct 1995), consisting of “commercial computer software” and “commercial computer software
documentation” as such terms are used in 48 C.F.R. 12.212 (Sep 1995) and is provided to the U.S.
Government only as a commercial end item. Consistent with FAR.12.212 and DFARS 227.7202 (Jun
1995), all U.S. Government End Users acquire the Software with only those rights set forth herein.
8. GENERAL. This Agreement will be governed by the laws of the State of California, without regard
to or application of conflicts of law rules or principles. The State and Federal Courts located in Santa Clara
County shall have sole jurisdiction over any disputes arising hereunder. If any provision of this Agreement
is held to be unenforceable, that provision will be removed and the remaining provision will remain in full
force. This Agreement is the complete and exclusive statement of the agreement between us which
supersedes any proposal or prior agreement, oral or written, and any other communications between us in
relation to the subject matter of this Agreement.
If you have any questions regarding this Agreement, please contact Edgewater Networks, Inc. at 2730
San Tomas Expressway, suite 200, Santa Clara, CA 95051 or call 408.351.7200.
THE SOFTWARE AND ACCOMPANYING USER DOCUMENTATION ARE PROTECTED BY UNITED
STATES COPYRIGHT LAW AND INTERNATIONAL TREATY. UNAUTHORIZED REPRODUCTION OR
DISTRIBUTION IS SUBJECT TO CIVIL AND CRIMINAL PENALTIES.
Software included in this product contains a module called PsyVoIP which is
protected by copyright and by European, US and other patents and is provided under
licence from Psytechnics Limited.
Portions of this product also include software sponsored by the Free Software
Foundation and are covered by the GNU GENERAL PUBLIC LICENSE:
GNU GENERAL PUBLIC LICENSE
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
This License applies to any program or other work which contains a notice placed by
the copyright holder saying it may be distributed under the terms of this General
Public License. The "Program", below, refers to any such program or work, and a