Grandstream Beta Test
Firmware
GRANDSTREAM BETA FIRMWARE END USER LICENCE AGREEMENT THIS AGREEMENT CONSISTS OF ONE PART: A. GRANDSTREAM BETA FIRMWARE END USER LICENCE AGREEMENT PLEASE READ ALL PARTS CAREFULLY. IN ORDER TO DOWNLOAD THE GRANDSTREAM BETA FIRMWARE("THE SOFTWARE"), YOU MUST FIRST ACCEPT THE TERMS AND CONDITIONS OF THESE AGREEMENTS. BY USING ALL OR ANY PORTION OF THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THESE AGREEMENTS. IF YOU DO NOT AGREE THEN DO NOT DOWNLOAD THE SOFTWARE. In this Agreement "Host" means the party which downloads the software. In this Agreement "Desktop" means a graphical user interface, whether accessible via a console attached to the Host, via the Software, or by any similar means. 1. Intellectual Property Rights The Software, its structure and algorithms, and the Information are protected by copyright and other intellectual property laws, and all intellectual property rights in them belong to Grandstream Networks, Inc. ("Grandstream"), or are licensed to it. You may not reproduce, publish, transmit, modify, create derivative works from, or publicly display the Software or part thereof. Copying or storing or using the Software other than as permitted in Clause 3 is expressly prohibited unless you obtain prior written permission from Grandstream. 2. Permitted and Prohibited Uses 2.1 During the term of this Agreement and as long as you comply with the terms of this agreement, you may use the Software only for your personal use or for the internal use of your business. 3. Limitation on Liability EXCEPT FOR THE EXPRESS WARRANTIES GIVEN IN THIS AGREEMENT, TO THE EXTENT PERMITTED BY LAW, GRANDSTREAM DISCLAIMS ALL WARRANTIES ON THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND FITNESS FOR PARTICULAR PURPOSE. TO THE EXTENT PERMITTED BY LAW GRANDSTREAM SHALL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL INDIRECT OR INCIDENTAL LOSS OR DAMAGES WHATSOEVER INCLUDING LOST PROFITS OR SAVINGS ARISING OUT OF THE USE OF THE SYSTEM, RELIANCE ON THE DATA PRODUCED OR INABILITY TO USE THE SYSTEM (INCLUDING LOSS OR DAMAGE TO YOUR (OR ANY OTHER PERSON'S) DATA OR COMPUTER PROGRAMS) EVEN IF GRANDSTREAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTHING IN THIS AGREEMENT LIMITS LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM A PARTY'S NEGLIGENCE OR FROM FRAUDULENT MISREPRESENTATION ON THE PART OF A PARTY. 4. Term and Termination This licence shall continue in force unless and until it is terminated by Grandstream by e-mail notice to you, if it reasonably believes that you have breached a material term of this Agreement. In the case above, you must delete and destroy all copies of the Software in your possession and control and overwrite any electronic memory or storage locations containing the System. 5. General Terms 5.1 The construction, validity and performance of this Agreement shall be governed in all respects by English law, and the Parties agree to submit to the non- exclusive jurisdiction of the English courts. 5.2 If any provision of this agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect. 5.3 Despite anything else contained in this Agreement, neither party will be liable for any delay in performing its obligations under this Agreement if that delay is caused by circumstances beyond its reasonable control (including, without limitation, any delay caused by an act or omission of the other party) and the party affected will be entitled to a reasonable extension of time for the performance of its obligations. 5.4 No waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term. 5.5 You may not assign, subcontract, sublicense or otherwise transfer any of your rights or obligations under this Agreement. 5.6 This agreement constitutes the entire agreement between you and Grandstream.
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