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Software Rules
Copyright Information - Our Software, our rights, your rights and responsibilities
Rental Systems
If you rent a telephone or information system from us, you need only insure the
software residing thereon in not copied, altered, examined, reverse
engineered, or otherwise tampered with. The software, like the hardware
being rented belongs to us. It is not for sale, and no copies of any kind are allowed without our express written
permission.
Purchased Systems
If you have purchased a telephone or information system from us, you have purchased the
hardware and manufacturer's software only. Any other custom software
authored and provided by us to you for use on or with your system
is not sold. Like almost all others, our software is protected by
Federal Copyright. It is provided to you under license from us.
The licensed is not transferable. The software may not be copied,
given, bartered, rented, sold or otherwise transferred to another
person, business, organization, or other entity of any kind. The
software is intended for use only on the machine it resides on when
delivered to you. This license is granted for your limited use as
long as the system it resides on is under warranty or is maintained
by us under our standard Maintenance Service Agreement ("MSA")
contract. Upon cancellation of the MSA contract, the software license
expires concurrently. At such time we erase any such custom software
at no charge to you. Your system will continue to operate in a standard
mode utilizing the manufacturer's core operating system software
and default COS program.
Remote TCP/IP or dial-up units are not sold. The
are provided free of extra cost as long as your system is under its
initial warranty or under contractual maintenance by Duke Communications,
and the attendant recurring maintenance fees are paid in advance.
Upon Default in payment or other material breach of the contractual
Maintenance Service Agreement, customer agrees to promptly return
such TCP/IP or dial-up modem(s); ATI-D's and or other associated maintenance
equipment or tools not sold to customer on original or subsequent
Bill of Sale. Access to such equipment for removal and recovery
by Duke Communications or its agents or assigns is hereby acknowledged,
and any claim for trespassing or any other similar action by customer
is hereby waived.
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