Appendix H: Rajant End User License Agreement
IMPORTANT: PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY. IT IS ENCLOSED IN THE
SOFTWARE PACKAGE AND /OR PRESENTED ELECTRONICALLY WHEN ACCESSING THE SOFTWARE. BY
CLICKING “I AGREE”, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IT IS VERY
IMPORTANT THAT YOU CHECK THAT YOU ARE PURCHASING RAJANT SOFTWARE OR EQUIPMENT FROM AN
APPROVED SOURCE AND THAT YOU, OR THE ENTITY YOU REPRESENT (COLLECTIVELY, THE “CUSTOMER”)
HAVE BEEN REGISTERED AS THE END USER FOR THE PURPOSES OF THIS RAJANT END USER LICENSE
AGREEMENT. IF YOU ARE NOT REGISTERED AS THE END USER YOU HAVE NO LICENSE TO USE THE
SOFTWARE AND THE LIMITED WARRANTY IN THIS END USER LICENSE AGREEMENT DOES NOT APPLY.
ASSUMING YOU HAVE PURCHASED FROM AN APPROVED SOURCE, DOWNLOADING, INSTALLING OR USING
RAJANT OR RAJANT-SUPPLIED SOFTWARE CONSTITUTES ACCEPTANCE OF THIS AGREEMENT.
RAJANT CORPORATION OR ITS AFFILIATE LICENSING THE SOFTWARE (“RAJANT”) IS WILLING TO LICENSE
THIS SOFTWARE TO YOU ONLY UPON THE CONDITION THAT YOU PURCHASED THE SOFTWARE FROM AN
APPROVED SOURCE AND THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS END USER LICENSE
AGREEMENT PLUS ANY ADDITIONAL LIMITATIONS ON THE LICENSE SET FORTH IN A SUPPLEMENTAL
LICENSE AGREEMENT ACCOMPANYING THE PRODUCT OR AVAILABLE AT THE TIME OF YOUR ORDER
(COLLECTIVELY THE “AGREEMENT”). TO THE EXTENT OF ANY CONFLICT BETWEEN THE TERMS OF THIS
END USER LICENSE AGREEMENT AND ANY SUPPLEMENTAL LICENSE AGREEMENT, THE SUPPLEMENTAL
LICENSE AGREEMENT SHALL APPLY. BY DOWNLOADING, INSTALLING, OR USING THE SOFTWARE, YOU ARE
REPRESENTING THAT YOU PURCHASED THE SOFTWARE FROM AN APPROVED SOURCE AND BINDING
YOURSELF TO THE AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THE AGREEMENT, THEN
RAJANT IS UNWILLING TO LICENSE THE SOFTWARE TO YOU AND (A) YOU MAY NOT DOWNLOAD, INSTALL
OR USE THE SOFTWARE, AND (B) YOU MAY RETURN THE SOFTWARE (INCLUDING ANY UNOPENED
PACKAGE AND ANY WRITTEN MATERIALS) FOR A FULL REFUND, OR, IF THE SOFTWARE AND WRITTEN
MATERIALS ARE SUPPLIED AS PART OF ANOTHER PRODUCT, YOU MAY RETURN THE ENTIRE PRODUCT
FOR A FULL REFUND. YOUR RIGHT TO RETURN AND REFUND EXPIRES 30 DAYS AFTER PURCHASE FROM
AN APPROVED SOURCE, AND APPLIES ONLY IF YOU ARE THE ORIGINAL AND REGISTERED END USER
PURCHASER. FOR THE PURPOSES OF THIS END USER LICENSE AGREEMENT, AN “APPROVED SOURCE”
MEANS (A) RAJANT; OR (B) A DISTRIBUTOR OR SYSTEMS INTEGRATOR AUTHORIZED BY RAJANT TO
DISTRIBUTE / SELL RAJANT EQUIPMENT, SOFTWARE AND SERVICES WITHIN YOUR TERRITORY TO END
USERS; OR (C) A RESELLER AUTHORIZED BY ANY SUCH DISTRIBUTOR OR SYSTEMS INTEGRATOR IN
ACCORDANCE WITH THE TERMS OF THE DISTRIBUTOR’S AGREEMENT WITH RAJANT TO DISTRIBUTE /
SELL THE RAJANT EQUIPMENT, SOFTWARE AND SERVICES WITHIN YOUR TERRITORY TO END USERS.
THE FOLLOWING TERMS OF THE AGREEMENT GOVERN CUSTOMER’S USE OF THE SOFTWARE (DEFINED
BELOW), EXCEPT TO THE EXTENT: (A) THERE IS A SEPARATE SIGNED CONTRACT BETWEEN CUSTOMER AND
RAJANT GOVERNING CUSTOMER’S USE OF THE SOFTWARE, OR (B) THE SOFTWARE INCLUDES A SEPARATE
“CLICK-ACCEPT” LICENSE AGREEMENT OR THIRD PARTY LICENSE AGREEMENT AS PART OF THE INSTALLATION
OR DOWNLOAD PROCESS GOVERNING CUSTOMER’S USE OF THE SOFTWARE. TO THE EXTENT OF A CONFLICT
BETWEEN THE PROVISIONS OF THE FOREGOING DOCUMENTS, THE ORDER OF PRECEDENCE SHALL BE (1)THE
SIGNED CONTRACT, (2) THE CLICK-ACCEPT AGREEMENT OR THIRD PARTY LICENSE AGREEMENT, AND (3) THE
AGREEMENT. FOR PURPOSES OF THE AGREEMENT, “SOFTWARE” SHALL MEAN COMPUTER PROGRAMS,
INCLUDING FIRMWARE AND COMPUTER PROGRAMS EMBEDDED IN RAJANT EQUIPMENT, AS PROVIDED TO
CUSTOMER BY AN APPROVED SOURCE, AND ANY UPGRADES, UPDATES, BUG FIXES OR MODIFIED VERSIONS
THERETO (COLLECTIVELY, “UPGRADES”), ANY OF THE SAME WHICH HAS BEEN RELICENSED UNDER THE
RAJANT SOFTWARE TRANSFER AND RE-LICENSING POLICY (AS MAY BE AMENDED BY RAJANT FROM TIME TO
TIME) OR BACKUP COPIES OF ANY OF THE FOREGOING.
License. Conditioned upon compliance with the terms and conditions of the Agreement, RAJANT grants
to Customer a nonexclusive and nontransferable license to use for Customer’s internal business purposes
the Soware and the Documentation for which Customer has paid the required license fees to an
Approved Source. “Documentation” means written information (whether contained in user or technical
manuals, training materials, specifications or otherwise) pertaining to the Soware and made available
by an Approved Source with the Soware in any manner (including on CD-Rom, or on-line). In order to
use the Soware, Customer may be required to input a registration number or product authorization key
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