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subsequent modifications, additions or deletions to this documentation, to the extent made by End User.
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warranty. In addition, Avaya's standard warranty language, as well as information regarding support for this product while under warranty is
available to Avaya customers and other parties through the Avaya Support website: http://www.avaya.com/support or such successor site as
designated by Avaya. Please note that if you acquired the product(s) from an authorized Avaya Channel Partner outside of the United States
and Canada, the warranty is provided to you by said Avaya Channel Partner and not by Avaya.
Licenses
THE SOFTWARE LICENSE TERMS AVAILABLE ON THE AVAYA WEBSITE, HTTP://SUPPORT.AVAYA.COM/LICENSEINFO, OR SUCH
SUCCESSOR SITE AS DESIGNATED BY AVAYA, ARE APPLICABLE TO ANYONE WHO DOWNLOADS, USES AND/OR INSTALLS
AVAYA SOFTWARE, PURCHASED FROM AVAYA INC., ANY AVAYA AFFILIATE, OR AN AVAYA CHANNEL PARTNER (AS
APPLICABLE) UNDER A COMMERCIAL AGREEMENT WITH AVAYA OR AN AVAYA CHANNEL PARTNER. UNLESS OTHERWISE
AGREED TO BY AVAYA IN WRITING, AVAYA DOES NOT EXTEND THIS LICENSE IF THE SOFTWARE WAS OBTAINED FROM
ANYONE OTHER THAN AVAYA, AN AVAYA AFFILIATE OR AN AVAYA CHANNEL PARTNER; AVAYA RESERVES THE RIGHT TO TAKE
LEGAL ACTION AGAINST YOU AND ANYONE ELSE USING OR SELLING THE SOFTWARE WITHOUT A LICENSE. BY INSTALLING,
DOWNLOADING OR USING THE SOFTWARE, OR AUTHORIZING OTHERS TO DO SO, YOU, ON BEHALF OF YOURSELF AND THE
ENTITY FOR WHOM YOU ARE INSTALLING, DOWNLOADING OR USING THE SOFTWARE (HEREINAFTER REFERRED TO
INTERCHANGEABLY AS "YOU" AND "END USER"), AGREE TO THESE TERMS AND CONDITIONS AND CREATE A BINDING
CONTRACT BETWEEN YOU AND AVAYA INC. OR THE APPLICABLE AVAYA AFFILIATE ("AVAYA").
Avaya grants you a license within the scope of the license types described below, with the exception of Heritage Nortel Software, for which the
scope of the license is detailed below. Where the order documentation does not expressly identify a license type, the applicable license will be
a Designated System License. The applicable number of licenses and units of capacity for which the license is granted will be one (1), unless
a different number of licenses or units of capacity is specified in the documentation or other materials available to you. Software" means
Avaya's computer programs in object code, provided by Avaya or an Avaya Channel Partner, whether as stand-alone products, pre-installed ,
or remotely accessed on hardware products, and any upgrades, updates, bug fixes, or modified versions thereto. "Designated Processor"
means a single stand-alone computing device. "Server" means a Designated Processor that hosts a software application to be accessed by
multiple users. "Instance" means a single copy of the Software executing at a particular time: (i) on one physical machine; or (ii) on one
deployed software virtual machine ("VM") or similar deployment.
License types
Designated System(s) License (DS). End User may install and use each copy or an Instance of the Software only on a number of Designated
Processors up to the number indicated in the order. Avaya may require the Designated Processor(s) to be identified in the order by type, serial
number, feature key, Instance, location or other specific designation, or to be provided by End User to Avaya through electronic means
established by Avaya specifically for this purpose.
Shrinkwrap License (SR). You may install and use the Software in accordance with the terms and conditions of the applicable license
agreements, such as "shrinkwrap" or "clickthrough" license accompanying or applicable to the Software ("Shrinkwrap License").
Heritage Nortel Software
"Heritage Nortel Software" means the software that was acquired by Avaya as part of its purchase of the Nortel Enterprise Solutions Business
in December 2009. The Heritage Nortel Software currently available for license from Avaya is the software contained within the list of Heritage
Nortel Products located at http://support.avaya.com/LicenseInfo/ under the link "Heritage Nortel Products," or such successor site as
designated by Avaya. For Heritage Nortel Software, Avaya grants Customer a license to use Heritage Nortel Software provided hereunder
solely to the extent of the authorized activation or authorized usage level, solely for the purpose specified in the Documentation, and solely as
embedded in, for execution on, or (in the event the applicable Documentation permits installation on non-Avaya equipment) for communication
with Avaya equipment. Charges for Heritage Nortel Software may be based on extent of activation or use authorized as specified in an order or
invoice.
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