User's Manual

Exalt Installation and Management Guide
ExtendAir (TDD) Series Digital Microwave Radios
203591-010 129
2012-09-04
PRODUCTS" available through the Web user interface application provided with this product.
Except as Exalt may otherwise inform You in writing, the Third Party License gives You at
least the license rights granted above in Section 6(a), and may provide additional license rights
as to the Third Party Software, but only with respect to the particular Third Party Software to
which the Third Party License applies. SUCH THIRD PARTY SOFTWARE IS PROVIDED
WITHOUT ANY WARRANTY FROM EXALT AND ITS LICENSORS, INCLUDING BUT
NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
c. Exalt and its licensors are the sole and exclusive owners of the Software, and all underlying
intellectual property rights in the Software and Hardware Product. All rights not expressly
granted to You relating to the Software are reserved by Exalt and its licensors. You take
unencumbered title to the Hardware Product, subject to Exalt's and its licensors' ownership in
the underlying intellectual property, upon payment in full to Exalt or the Exalt reseller for the
Product(s).
d. All licenses to the Software hereunder shall terminate if You fail to comply with any of the
provisions of this Agreement and do not remedy such breach within thirty (30) days after
receiving written notice from Exalt. You agree upon termination to immediately cease using
the Software and to destroy all copies of the Software which may have been provided or
created hereunder.
7 GOVERNMENT RESTRICTIONS
a. You agree that you will not export or re-export the Products without Exalt's prior written
consent, and then only in compliance with all requirements of applicable law, including but
not limited to U.S. export control regulations. You have the responsibility to obtain any
required licenses to export, re-export or import the Products. You shall defend, indemnify and
hold Exalt and its suppliers/licensors harmless from any claims arising out of Your violation
of any export control laws relating to any exporting of the Products. By accepting this
Agreement and receiving the Products, You confirm that You are not listed on any
governmental export exclusion lists and will not export or re-export the Products to any
country embargoed by the U.S. Applicable export restrictions and exclusions are available at
the official web site of the U.S. Department of Commerce Bureau of Industry and Security
(www.bis.doc.gov
).
b. For purchase by or on behalf of governmental entities (including federal, state or provincial,
and local), the governmental entity's rights in any technical data and software in the Products
include only those rights customarily provided to the public as defined in Exalt's standard
Agreement. In connection with any purchase by or on behalf of a U.S. governmental entity,
Exalt's customary commercial license in technical data and software is provided in accordance
with FAR 12.211 (Technical Data) and FAR 12.212 (Software) and, for Department of
Defense transactions, DFAR 252.227-7015 (Technical Data - Commercial Items) and DFAR
227.7202-3 (Rights in Commercial Computer Software or Computer Software
Documentation). If a governmental entity has a need for rights not conveyed under these
terms, it must negotiate a mutually acceptable written agreement with Exalt specifying and
specifically conveying such rights. Any use, modification, reproduction, release, performing,
displaying or disclosing of the Exalt Software by a governmental entity shall be governed
solely by the terms of this Agreement.
8 CONFIDENTIALITY
Purchaser acknowledges and agrees that information supplied by Exalt in connection with the
Product or this Agreement and designated by Exalt as confidential is the confidential information