User manual

Liebert Software Program License Agreement
61
16.0 LIEBERT SOFTWARE PROGRAM LICENSE AGREEMENT
This section contains the license agreement for Liebert OpenComms™ Nform.
LIEBERT OPENCOMMS™ NFORM SOFTWARE LICENSE AGREEMENT
This OpenComms™ Nform Software License Agreement (“Agreement”) is a legal agreement between
you and Liebert Corporation, an Ohio, United States of America, corporation, (“Liebert”). Liebert’s
OpenComms™ Nform software, including enhancements, upgrades, and any future releases is made
available exclusively for use with Liebert products and/or non-Liebert products provided that you
obtain the appropriate product template from Liebert for non-Liebert products (“Products”). The forego-
ing, including any accompanying program(s), documentation, images, animation, and text incorporated
therein, (collectively “Software”), is provided solely for commercial and industrial use under the license
terms specified herein. READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE
ATTEMPTING TO DOWNLOAD, INSTALL, OR USE THE SOFTWARE. BY DOWNLOADING,
INSTALLING, OR USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THESE TERMS AND
CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT DOWN-
LOAD, INSTALL, OR USE THE SOFTWARE. IN SUCH A CIRCUMSTANCE, THE SOFTWARE
MAY BE RETURNED WITHIN THIRTY (30) DAYS OF YOUR RECEIPT FOR A FULL SOFTWARE
REFUND. YOU REPRESENT THAT YOU (I) ARE NOT LOCATED IN, UNDER THE CONTROL OF,
OR A NATIONAL RESIDENT OF ANY COUNTRY TO WHICH THE UNITED STATES HAS EMBAR-
GOED GOODS, (II) ARE NOT ON THE U.S. TREASURY DEPARTMENT’S LIST OF SPECIALLY
DESIGNATED NATIONALS, (III) ARE NOT ON THE U.S. COMMERCE DEPARTMENT’S LIST OF
DENIED PERSONS OR (IV) ARE NOT OTHERWISE PROHIBITED BY U.S. LAW FROM RECEIV-
ING OR USING THE SOFTWARE (COLLECTIVELY “EXPORT RESTRICTIONS”). IF YOU DO NOT
HAVE AUTHORITY TO ACCEPT THIS AGREEMENT FOR YOUR ORGANIZATION, IT IS YOUR
OBLIGATION TO ENSURE THAT AN AUTHORIZED INDIVIDUAL MAKES THE DETERMINA-
TION THAT YOUR ORGANIZATION IS NOT SUBJECT TO THE ABOVE EXPORT RESTRICTIONS
PRIOR TO DOWNLOADING, INSTALLING, OR USING THE SOFTWARE.
COPYRIGHT: This Software is the proprietary property of Liebert and / or its suppliers and is pro-
tected by United States copyright laws, other applicable copyright laws, and international treaty provi-
sions. Title and ownership of all copyrights to the Software remain in Liebert or third parties.
Accordingly, your rights to use, copy and modify the Software are strictly limited to the specific rights
provided in this Agreement or as may otherwise be required by applicable copyright law.
GRANT OF RIGHTS: Liebert grants a non-exclusive, non-transferable license to you to install and use
the Software solely for use with Products and in accordance with these license terms provided, how-
ever, that you warrant and represent that you will not use this software in violation of applicable laws
and regulations or where such use detrimentally affects Liebert’s rights in the Software or subjects Lie-
bert to liability. You assume responsibility for the selection of the Software to achieve your intended
results, and for the installation, use, and the results obtained from the Software. Provided that you
have paid the applicable license fees, you may use the Software only with a single server and up to
thirty (30) Products. Any operation of the Software with any greater number at any time shall consti-
tute a material breach of this Agreement and shall terminate this license as provided for below. Soft-
ware key(s) are available under the terms of this Agreement, upon payment of any applicable license
fee(s), for you to use the Software with a single server and multiples of thirty (30) Products. By use of
the Software, you agree that Liebert may, at its option, perform an audit of your usage of the Software
to determine the number of servers and Products that are using the Software.
TERMINATION OF LICENSE: Your license is automatically terminated if you:
(1) use the Software with anything other than Products, (2) attempt to copy or reconstruct any part of
the object code, source code, or algorithms, (3) provide, disclose, sell, rent, lease, license, sublicense,
transfer or assign the Software to any third party, (4) attempt to decompile, disassemble or reverse
engineer the Software, in whole or in part, or otherwise attempt to derive the source code of the Soft-
ware, (5) use the Software in excess of the licensed coverage purchased, (6) write or develop any deriva-
tive software or any other software program based upon the Software, (7) modify or alter the Software
or (8) fail to comply with other license terms. You may elect to terminate this license at any time by
destroying the Software together with all copies and any portions thereof in any form.
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