Ericsson | Antenna Line Congurator
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all or part of Licensed Software� Customer shall have
no right to use any patent, trademark, copyright, trade
secret, or other intellectual property of Ericsson other
than that granted by this EULA�
1�6 Customer may sell or otherwise transfer Licensed
Software to any third party only in full and only where
(i) Customer will completely and irrevocably cease any
further own use of Licensed Software and (ii) Ericsson
has given its written approval� Ericsson will give its
approval, if (i) Customer affirms in writing that Customer
has completely transferred original Licensed Software
to the specified third party and deleted any and all
remaining copies and documentation, and (ii) the third
party has given its written consent towards Ericsson to
comply with the terms and conditions of this EULA�
1�7 The Software may contain third-party technology,
including open source software (“Third-Party
Technology”)� Third-Party Technology may be licensed
to Customer under separate license terms if specified
in the documentation, “read me”, or similar files� If any
applicable third-party license requires Ericsson to provide
source code to the Third-Party Technology, Ericsson will
provide it upon written request�
2� PROTECTION AND SECURITY
2�1 Customer agrees not to disclose, release, or make
available in any form any portion of Licensed Software
to any person other than Customer‘s own employees or
contractors�
Customer agrees to make sure that its employees and
contractors that have access to Licensed Software are
or will be party to written agreements acknowledging
a duty to protect Customer‘s confidential materials,
including the Licensed Software�
2�2 Customer agrees to keep Licensed Software
(including archival copies, if any), in a secure
environment and shall take all steps reasonably
necessary to protect Licensed Software or any part
thereof from unauthorized disclosure or release�
Customer may not export or reexport the Licensed
Software in any form except in compliance with all
applicable laws and regulations�
2�3 Customer agrees that a breach of this EULA will cause
irreparable harm to Ericsson and that Ericsson shall have
the right to get injunctive relief against any unauthorized
use, disclosure, copying, or transfer of any part of
Licensed Software� Licensed Software may contain
software from third parties who are intended to be third-
party beneficiaries of this EULA�
3� WARRANTY AND LIABILITY
3�1 Licensed Software, as provided, shall at the date of
transfer of risk substantially conform to the specifications
provided by Ericsson� The warranty period shall be one
(1) year starting at the date of delivery of Licensed
Software (“warranty period”)� Ericsson shall at its option
and within a reasonable time after receiving notification
from Customer of defects detected in the Licensed
Software use commercially reasonable efforts to:
(i) correct defects detected in the Licensed Software; (ii)
replace the defective Licensed Software with another
software offering substantially similar functionality;
or (iii) reveal adequate and reasonable ways to work
around the effects of the defect� If such efforts fail,
Customer shall have the right to rescind the agreement or
to request a reasonable reduction of the license fee�
Warranty claims are excluded if one of the following
applies:
a) Expiry of the one (1) year warranty period
b) An insignificant deviation of Licensed Software from
its specification unless Customer claims a reasonable
reduction of the license fee
c) fThe defect is not reproducible
d) Any unauthorized change is made to Licensed
Software by Customer, unless Customer can prove that
the detected defects do not result from such changes
e) For defects or restrictions of use originating from
improper installation, operation, usage, handling,
maintenance, or disregard of the operation manual or
any other documentation by Customer
f) Customer does not give written notification of defects
at the latest within one (1) week of delivery of the
Licensed Software, and in the event of not recognizable
defects at the latest within one (1) week of their discovery
3�2 ANY FURTHER WARRANTY CLAIMS WHATSOEVER
SHALL BE EXCLUDED WITHOUT PREJUDICE TO
ANY CLAIMS FOR DAMAGES AND IN CASE OF
INFRINGEMENT OF INTELLECTUAL PROPERTY
RIGHTS PURSUANT TO SECTIONS 4 AND 5� IN
PARTICULAR ERICSSON MAKES NO OTHER
WARRANTIES, EXPRESSED OR IMPLIED, WITH
RESPECT TO LICENSED SOFTWARE AND ANY
OTHER PRODUCTS OR SERVICES PROVIDED UNDER
THIS EULA INCLUDING, BUT NOT LIMITED TO, ANY
WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE� ERICSSON DOES NOT
WARRANT THAT THE FUNCTIONS CONTAINED IN
LICENSED SOFTWARE WILL MEET THE CUSTOMER‘S
REQUIREMENTS�
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