User's Manual

X2 and XR300 Series Notices and Regulatory Guide
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Software License and Product Warranty Agreement
THIS SOFTWARE LICENSE AGREEMENT (THE “AGREEMENT”) IS A LEGAL AGREEMENT BETWEEN YOU
(“CUSTOMER”) AND LICENSOR (AS DEFINED BELOW) AND GOVERNS THE USE OF THE SOFTWARE
INSTALLED ON THE PRODUCT (AS DEFINED BELOW). IF YOU ARE AN EMPLOYEE OR AGENT OF
CUSTOMER, YOU HEREBY REPRESENT AND WARRANT TO LICENSOR THAT YOU HAVE THE POWER
AND AUTHORITY TO ACCEPT AND TO BIND CUSTOMER TO THE TERMS AND CONDITIONS OF THIS
AGREEMENT (INCLUDING ANY THIRD PARTY TERMS SET FORTH HEREIN). IF YOU DO NOT AGREE TO
ALL OF THE TERMS OF THIS AGREEMENT RETURN THE PRODUCT AND ALL ACCOMPANYING
MATERIALS (INCLUDING ALL DOCUMENTATION) TO THE RELEVANT VENDOR FOR A FULL REFUND
OF THE PURCHASE PRICE THEREFORE.
CUSTOMER UNDERSTANDS AND AGREES THAT USE OF THE PRODUCT AND SOFTWARE SHALL BE
DEEMED AN AGREEMENT TO THE TERMS AND CONDITIONS GOVERNING SUCH SOFTWARE AND
THAT CUSTOMER IS BOUND BY AND BECOMES A PARTY TO THIS AGREEMENT.
1.0 DEFINITIONS
1.1 “Documentation” means the user manuals and all other all documentation, instructions or other similar
materials accompanying the Software covering the installation, application, and use thereof.
1.2 “Licensor” means Xirrus and its suppliers.
1.3 “Product” means a multi-radio access point containing four or more distinct radios capable of simultaneous
operation on four or more non-overlapping channels.
1.4 “Software” means, collectively, each of the application and embedded software programs delivered to
Customer in connection with this Agreement. For purposes of this Agreement, the term Software shall be
deemed to include any and all Documentation and Updates provided with or for the Software.
1.5 “Updates” means any bug-fix, maintenance or version release to the Software that may be provided to
Customer from Licensor pursuant to this Agreement or pursuant to any separate maintenance and support
agreement entered into by and between Licensor and Customer.
2.0 GRANT OF RIGHTS
2.1 Software. Subject to the terms and conditions of this Agreement, Licensor hereby grants to Customer a
perpetual, non-exclusive, non-sublicenseable, non-transferable right and license to use the Software solely as
installed on the Product in accordance with the accompanying Documentation and for no other purpose.
2.2 Ownership. The license granted under Sections 2.1 above with respect to the Software does not constitute a
transfer or sale of Licensor's or its suppliers' ownership interest in or to the Software, which is solely licensed
to Customer. The Software is protected by both national and international intellectual property laws and
treaties. Except for the express licenses granted to the Software, Licensor and its suppliers retain all rights, title
and interest in and to the Software, including (i) any and all trade secrets, copyrights, patents and other
proprietary rights therein or thereto or (ii) any Marks (as defined in Section 2.3 below) used in connection
therewith. In no event shall Customer remove, efface or otherwise obscure any Marks contained on or in the
Software. All rights not expressly granted herein are reserved by Licensor.
2.3 Copies. Customer shall not make any copies of the Software but shall be permitted to make a reasonable
number of copies of the related Documentation. Whenever Customer copies or reproduces all or any part of
the Documentation, Customer shall reproduce all and not efface any titles, trademark symbols, copyright
symbols and legends, and other proprietary markings or similar indicia of origin (“Marks”) on or in the
Documentation.
2.4 Restrictions. Customer shall not itself, or through any parent, subsidiary, affiliate, agent or other third party (i)
sell, rent, lease, license or sublicense, assign or otherwise transfer the Software, or any of Customer's rights and
obligations under this Agreement except as expressly permitted herein; (ii) decompile, disassemble, or reverse
engineer the Software, in whole or in part, provided that in those jurisdictions in which a total prohibition on
any reverse engineering is prohibited as a matter of law and such prohibition is not cured by the fact that this
Agreement is subject to the laws of the State of California, Licensor agrees to grant Customer, upon Customer's
written request to Licensor, a limited reverse engineering license to permit interoperability of the Software