User's Guide
BELOW), EXCEPT TO THE EXTENT: (A) THERE IS A SEPARATE SIGNED CONTRACT BETWEEN CUSTOMER
AND RAJANT GOVERNING CUSTOMER’S USE OF THE SOFTWARE, OR (B) THE SOFTWARE INCLUDES A
SEPARATE “CLICKACCEPT” LICENSE AGREEMENT OR THIRD PARTY LICENSE AGREEMENT AS PART OF
THE INSTALLATION OR DOWNLOAD PROCESS GOVERNING CUSTOMER’S USE OF THE SOFTWARE. TO
THE EXTENT OF A CONFLICT BETWEEN THE PROVISIONS OF THE FOREGOING DOCUMENTS, THE ORDER
OF PRECEDENCE SHALL BE (1)THE SIGNED CONTRACT, (2) THE CLICKACCEPT AGREEMENT OR THIRD
PARTY LICENSE AGREEMENT, AND (3) THE AGREEMENT. FOR PURPOSES OF THE AGREEMENT,
“SOFTWARE” SHALL MEAN COMPUTER PROGRAMS, INCLUDING FIRMWARE AND COMPUTER
PROGRAMS EMBEDDED IN RAJANT EQUIPMENT, AS PROVIDED TO CUSTOMER BY AN APPROVED
SOURCE, AND ANY UPGRADES, UPDATES, BUG FIXES OR MODIFIED VERSIONS THERETO (COLLECTIVELY,
“UPGRADES”), ANY OF THE SAME WHICH HAS BEEN RELICENSED UNDER THE RAJANT SOFTWARE
TRANSFER AND RELICENSING POLICY (AS MAY BE AMENDED BY RAJANT FROM TIME TO TIME) OR
BACKUP COPIES OF ANY OF THE FOREGOING.
License. Conditioned upon compliance with the terms and conditions of the Agreement, RAJANT grants
to Customer a nonexclusive and nontransferable license to use for Customer’s internal business
purposes the Software and the Documentation for which Customer has paid the required license fees
to an Approved Source. “Documentation” means written information (whether contained in user or
technical manuals, training materials, specifications or otherwise) pertaining to the Software and made
available by an Approved Source with the Software in any manner (including on CDRom, or online). In
order to use the Software, Customer may be required to input a registration number or product
authorization key and register Customer’s copy of the Software online at RAJANT’S website to obtain
the necessary license key or license file.
Customer’s license to use the Software shall be limited to, and Customer shall not use the Software in
excess of, a single hardware chassis or card or such other limitations as are set forth in the applicable
Supplemental License Agreement or in the applicable purchase order which has been accepted by an
Approved Source and for which Customer has paid to an Approved Source the required license fee (the
“Purchase Order”).
Unless otherwise expressly provided in the Documentation or any applicable Supplemental License
Agreement, Customer shall use the Software solely as embedded in, for execution on, or (where the
applicable Documentation permits installation on non RAJANT equipment) for communication with
RAJANT equipment owned or leased by Customer and used for Customer’s internal business purposes.
No other licenses are granted by implication, estoppel or otherwise.
For evaluation or beta copies for which Rajant does not charge a license fee, the above requirement to
pay license fees does not apply.
General Limitations. This is a license, not a transfer of title, to the Software and Documentation, and
Rajant retains ownership of all copies of the Software and Documentation. Customer acknowledges
that the Software and Documentation contain trade secrets of Rajant or its suppliers or licensors,
including but not limited to the specific internal design and structure of individual programs and