User's Manual

Fortress ES-Series CLI Guide
iv
iv. Di
v. sclose, provide, or otherwise make available trade secrets contained within the
Software and Documentation in any form to any third party without the prior written
consent of Fortress. Customer shall implement reasonable security measures to
protect such trade secrets.
Software, Upgrades and Additional Copies
For purposes of the Agreement, “Software” shall include computer programs, including
firmware, as provided to Customer by Fortress and any (a) bug fixes, (b) maintenance
releases, (c) minor and major upgrades as deemed to be included under this EULA by
Fortress or backup copies of any of the foregoing.
NOTWITHSTANDING ANY OTHER PROVISION OF THE AGREEMENT:
i. CUSTOMER HAS NO LICENSE OR RIGHT TO MAKE OR USE ANY ADDITIONAL
COPIES OR UPGRADES UNLESS CUSTOMER, AT THE TIME OF MAKING OR
ACQUIRING SUCH COPY OR UPGRADE, ALREADY HOLDS A VALID LICENSE
TO THE ORIGINAL SOFTWARE AND HAS PAID THE APPLICABLE FEE FOR THE
UPGRADE OR ADDITIONAL COPIES;
ii. USE OF UPGRADES IS LIMITED TO FORTRESS EQUIPMENT FOR WHICH
CUSTOMER IS THE ORIGINAL END USER CUSTOMER OR LESSEE OR
OTHERWISE HOLDS A VALID LICENSE TO USE THE SOFTWARE WHICH IS
BEING UPGRADED; AND
iii. THE MAKING AND USE OF ADDITIONAL COPIES IS LIMITED TO NECESSARY
BACKUP PURPOSES ONLY.
Proprietary Notices
All copyright and other proprietary notices on all copies of the Software shall be maintained
and reproduced by the Customer in the same manner that such copyright and other
proprietary notices are included on the Software. Customer shall not make any copies or
duplicates of any Software without the prior written permission of Fortress; except as
expressly authorized in the Agreement.
Term and Termination
This EULA shall remain in effect until terminated through one of the following
circumstances:
i. At any time by Customer’s destruction of all copies of the Software and any
Documentation.
ii. By Fortress due to Customer non-compliance with any provision of the Agreement
(not applicable to U.S. Government C
ustomers).
iii. A
iv. ny United States Government Customer non-compliance and/or breach of the
terms of this Agreement shall be handled in accordance with the provisions of the
Contracts Disputes Act of 1978, as amended.
Upon termination by either the Customer or Fortress, the Customer shall destroy or return
to Fortress all copies of Software and Documentation in its possession or control. All
limitations of liability, disclaimers, restrictions of warranty, and all confidentiality
obligations of Customer shall survive termination of this Agreement. Also, the provisions
set-forth in the sections titled “U.S. Government Customers” and “General Terms
Applicable to the Limited Warranty Statement and End User License Agreement” shall
survive termination of the Agreement.
Customer Records
For Commercial Customers: Fortress and its independent accountants reserve the right
to conduct an audit of Customer records to verify compliance with this agreement.
Customer grants to Fortress and its independent accountants access to its books, records
and accounts during Customer’s normal business hours in support of such an audit.
Customer shall pay to Fortress the appropriate license fees, plus the reasonable cost of
conducting the audit should an audit disclose non- compliance with this Agreement.