User's Guide
MEA WMC6300 Pocket PC User’s Guide
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is based on an assertion that the Licensed Software infringes any issued United States patent or any trade
secret or copyright of any third party; provided, however, that You notify MeshNetworks promptly in
writing of any such claim or proceeding and give MeshNetworks full and complete authority,
information and assistance to defend such claim or proceeding at the expense of MeshNetworks; and
further provided that You give MeshNetworks sole control of the selection of counsel and the defense of
any such claim or proceeding and all negotiations for its compromise or settlement. Should the Licensed
Software become, or in MeshNetworks’ opinion be likely to become, the subject of a claim of
infringement, MeshNetworks will have the right, at MeshNetworks’ option and expense, (i) to procure
for You the right to continue using the Licensed Software, or (ii) to replace or modify the Licensed
Software with a non-infringing version of substantially equivalent function and performance.
LIMITATION. MeshNetworks will have no liability to You hereunder for any infringement based upon
(i) the combination of the Licensed Software with other products not provided by MeshNetworks; (ii) the
use of other than a current, unaltered version of the Licensed Software; (iii) the use of any derivative
works, modification or improvement of the Licensed Software not created by MeshNetworks; (iv) any
use of the Licensed Software in the practice of a process not specified by MeshNetworks. Section 8 and
9 state the sole, exclusive and entire liability of MeshNetworks, and the sole, exclusive and entire
remedy with respect to any claim of intellectual property infringement by the Licensed Software.
TERMINATION. If You breach any provision of this Agreement, then MeshNetworks may, in addition
to any other remedies it may have under law, terminate any license granted hereunder effective
immediately without liability after ten (10) days written notice to You, and You will promptly cease all
use of the Licensed Software and will return to MeshNetworks all copies of the Licensed Software. In
such event, at the request of MeshNetworks you will certify in writing that the original and all copies of
the Licensed Software has been destroyed or returned to MeshNetworks.
ASSIGNMENT AND MESHNETWORKS EQUIPMENT TRANSFER. You may not sublicense or
assign this Agreement or any interest or right granted herein without MeshNetworks’ prior written
consent. The Licensed Software is designed and configured for the sole purpose of operating with the
MeshNetworks Equipment, and accordingly this Agreement will be automatically assigned on the sale or
transfer of the MeshNetworks Equipment with which the Licensed Software operates to the person or
entity who takes title to such MeshNetworks Equipment; provided, however, that such assignee or
transferee abides by the obligations and restrictions set forth in this Agreement.
GOVERNMENT LICENSEE. The MeshNetworks Equipment and Licensed Software and
accompanying documentation were developed at private expense and no part of them is in the public
domain. The Licensed Software is “Restricted Computer Software” and “Commercial Computer
Software” and if You are acquiring the Licensed Software for the United States Government, then it is
acquiring only “restricted rights” in the Licensed Software and its Documentation, all as defined in the
applicable provisions of the Department of Defense Federal Acquisition Regulation Supplement and the
Federal Acquisition Regulations. Such unit will include a “restricted rights legend” on the
MeshNetworks Equipment and Licensed Software as may be necessary to insure the limitation of rights
acquired by the government. Notwithstanding the foregoing, this Agreement will not become effective
with respect to the United States Government without MeshNetworks’ prior written approval.
EXPORT CONTROLS. This Agreement is subject to the laws, regulations, orders, and decrees of the
United States that may be imposed from time to time restricting the import/export of the Products
to/from the United States. You will not export or re-export the Licensed Software, or any part of the
Licensed Software, directly or indirectly, prohibited by or in violation of the laws, rules or regulations of
the United States or any applicable jurisdiction. Nor will You export or re-export the Licensed Software,
or any part of the Licensed Software, directly or indirectly without first obtaining the required permission
to do so from the applicable governmental agencies.