Specifications
Software License
By opening this package and placing this system into service, you indicate your acceptance, and the
acceptance of the purchaser/user of the software included in the system (the "Software"), of the
following terms and conditions. Therefore READ THIS CAREFULLY and discuss with the user of the
system before operating the Software.
Grant of License: Vodavi Communications Systems (of Scottsdale, Arizona) is licensed to sell, use and
sublicense the Software, and hereby grants Customer a non-transferable, non-exclusive sublicense to
use the Software for its own purposes on a single computer system only. Title and ownership rights to
the Software and Technical manual shall remain at all times in Vodavi Technology, Inc. No other rights
to use the Software are implied.
Proprietary Materials: The Software is proprietary to and constitutes trade secrets of Vodavi
Technology, Inc. and the Technical Manual is proprietary to and constitutes trade secrets of Vodavi
Technology, Inc. All applicable rights to patents, copyrights, trademarks, and trade secrets in the
Software and Technical Manual are and shall remain in Vodavi Communications Systems. Customer
shall use utmost diligence to protect the trade secrets and other proprietary rights of Vodavi
Communications Systems in the Software and Technical Manual from disclosure to third parties.
Customer shall also promote compliance by agreement or instruction with the terms and conditions of
this License by employees or others with access to the Software and Technical manual.
Modification and Copies: Customer may copy the Software for back-up and archive purposes only.
However, Customer may not make copies of any portion of the Software to give, sell, sublicense, or
otherwise transfer to any third party, unless (i) such third party acquires all or substantially all of
Customer's assets, (ii) Customer obtains the approval of Vodavi Communications Systems, in writing,
and (iii) Customer retains no copies of the Software. Customer may not copy the Technical Manual.
The transferee must agree in writing to terms and conditions specified by Vodavi Communications
Systems, including execution of a software license and payment to Vodavi Communications Systems of
a customary inspection fee, to be granted the right by Vodavi Communications Systems to use the
Software.
Indemnification: Vodavi Communications Systems agrees that, if notified promptly and given sole
control of the defense and all related settlement negotiations, it will defend customer against any claim
based on the allegation the Software infringes a valid patent, copyright or trademark, and will pay any
resulting cost, damages and attorneys' fees awarded by a court with respect to any such claim against
Customer. Vodavi Communications Systems shall have no obligations hereunder where Customer has
modified the Software or used the Software in combination with software or equipment not provided
by Vodavi Communications Systems. If any Software becomes, or in Vodavi Communications Systems'
opinion is likely to become, subject of such claim of infringement, Vodavi Communications Systems
will, at its option and expense, either procure rights for Customer to continue using the Software, or
replace or modify the Software to provide non-infringing software that performs substantially similar
functions to the original Software. Upon failure of the foregoing provisions, Vodavi Communications
Systems will refund the purchase price of the Digital Voice Processing System less a reasonable
allowance for use. THE FOREGOING STATES THE ENTIRE LIABILITY OF Vodavi Communications
Systems FOR INFRINGEMENT BY ANY SOFTWARE PROVIDED WITH THE DIGITAL VOICE
PROCESSING SYSTEM.
Termination of License: Use of the Software on any equipment other than for which it was obtained or
authorized, or any breach of the provisions of this License shall automatically terminate this License.
Upon termination of this License, Customer shall immediately discontinue all use of the Software and
shall destroy all copies of the Software.










