User Manual

SOMA NETWORKS INC. ENDUSER PRODUCT
LICENSE AGREEMENT
THE SOMAPORT™ SUBSCRIBER STATION AND
PROVIDED SOFTWARE CONTAIN CERTAIN
COMPUTER PROGRAMS AND OTHER
PROPRIETARY MATERIAL OF SOMA NETWORKS
INC. OR LICENSED TO SOMA NETWORKS, INC.,
THE USE OF WHICH IS SUBJECT TO THIS
AGREEMENT. BY: (A) SIGNING AN AGREEMENT
FOR SERVICE WITH YOUR SERVICE PROVIDER; (B)
OPENING THE SEALED ENVELOPE CONTAINING
THE SOMAPORT; OR (C) USING THE SOMAPORT,
YOU ASSENT TO AND ACCEPT THIS ENDUSER
PRODUCT LICENSE AGREEMENT. IF YOU DO NOT
AGREE WITH ALL THE TERMS OF THIS
AGREEMENT YOU MUST RETURN THIS PRODUCT
(WITH THE ENVELOPE STILL SEALED), ALL
MANUALS AND DOCUMENTATION, ANY
SOFTWARE PACKAGES PROVIDED WITH THE
SOMAPORT AND PROOF OF PAYMENT TO THE
PLACE YOU OBTAINED THEM FOR A FULL
REFUND WITHIN THIRTY (30) DAYS OF FIRST
ACQUIRING THE SOMAPORT, OTHERWISE YOU
ARE DEEMED TO HAVE ACCEPTED AND AGREED
TO THESE TERMS AND CONDITIONS.
UNAUTHORIZED REPRODUCTION,
DISTRIBUTION, DECOMPILATION OR OTHER
REVERSE ENGINEERING OF THIS PRODUCT
INCLUDING ITS HARDWARE AND/OR SOFTWARE,
OR ANY PORTION OF IT, IS PROHIBITED AND
MAY RESULT IN SEVERE CIVIL AND CRIMINAL
PENALTIES, AND WILL BE PROSECUTED TO THE
MAXIMUM EXTENT POSSIBLE UNDER THE LAW.
1. GRANT OF LICENSE: Subject to the terms of this
Enduser Product License Agreement (the “Agreement”),
SOMA Networks, Inc. (“SOMA”) grants you (the
“Licensee”) a non-sub-licensable, non-exclusive right
(“License”) to use the Product. “Product” means, collectively,
the Software and the provided hardware, and specifically the
SOMAport™ subscriber station and its accessories, if any,
together with documentation provided to you by SOMA or
your service provider. “Software” means, collectively, the
version of the SOMA software program in object code
format and all updates to that program distributed to you by
SOMA, directly or indirectly, by any means and includes any
firmware provided to you with the Product. You have no
right, unless otherwise explicitly permitted, to receive any
source code or design documentation relating to the Product.
SOMA retains ownership of all Software copies. The
Software and this License is only provided to you to be used
in conjunction with the SOMAport provided to you by
SOMA or your service provider when you subscribed to
services that utilize the SOMA wireless air interface
technology and is not licensed to you to be used for any other
purpose.
2. RESTRICTIONS: Except as reasonably required to use
the Product strictly in accordance with the License and this
Agreement, you may not copy any Software. Licensee shall
not (and shall not allow any third party to): (I) decompile,
disassemble, or otherwise reverse engineer or attempt to
reconstruct or discover any source code or underlying ideas
or algorithms or file formats or programming or
interoperability interfaces of the Product by any means
whatsoever; (II) remove any Product identification, copyright
or other notices; (III) modify, incorporate into or with other
software or create a derivative work of any part of the
Software or Product; or (IV) modify or otherwise alter the
operation of the Product. Various components, functions,
routines and/or portions of the Product may be protected by
Intellectual Property Rights (“IPR”) including, but not
limited to, designs, copyrights, trade secrets and one or more
patents or pending patent applications. Licensee is licensed
under such IPR, if any, only to the extent that such a license
is required by the licensee to operate the Product in the
manner intended by SOMA. No other rights are granted
under such IPR and no right to repair or replace the Product
is intended or provided and specifically, no right of
reconstruction, substitution or repair is provided.
3. TERMINATION: This License is effective until
terminated. This License will terminate automatically if you
fail to cure any material breach, as determined at the sole
discretion of SOMA, of this Agreement within thirty (30)
days after such breach first occurs (or immediately in the case
of a breach of § 2). Upon termination, you shall immediately
cease all use of the Product and return all of the Product
including Software, hardware, manuals, documentation of
any kind accompanying Product to the place where you first
obtained such Product or such other location as may be
designated from time to time. Except for this License and
except as otherwise expressly provided herein, the terms of
the Agreement shall survive termination.
4. WARRANTY DISCLAIMER: THE SOFTWARE IS
PROVIDED “AS IS” WITHOUT WARRANTY OF ANY
KIND INCLUDING, WITHOUT LIMITATION, ANY
WARRANTY OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE OR NON-
INFRINGEMENT. FURTHER, SOMA DOES NOT
WARRANT, GUARANTEE OR MAKE ANY
REPRESENTATIONS REGARDING THE USE, OR
THE RESULTS OF THE USE, OF THE PRODUCT OR