Bosch Security Systems, Inc.
Telex Radio Dispatch C-Soft and Network Recorder Application
End User Software License Agreement

8601 E. Cornhusker Highway
P.O. Box 5579
Lincoln, Nebraska 68507, USA Tel. +1 402 467 5321
Fax +1 402 467 3279
www.telex.com

IMPORTANT INFORMATION
PLEASE READ THIS END USER LICENSE AGREEMENT (THE "LICENSE") CAREFULLY BEFORE OPENING THE PACKAGE AND/OR USING THE CONTENTS THEREOF AND/OR BEFORE DOWNLOADING OR INSTALLING THE SOFTWARE PROGRAM.
IF YOU DO NOT AGREE TO THIS LICENSE DO NOT OPEN THE PACKAGE AND/OR DOWNLOAD AND/OR INSTALL THE SOFTWARE AND PROMPTLY (AND IN ANY EVENT, WITHIN 7 DAYS FROM THE DATE YOU RECEIVED THIS PACKAGE ) RETURN THE SOFTWARE WITH THE ORIGINAL PACKAGE TO BOSCH, ERASE THE SOFTWARE, AND ANY PART THEREOF, FROM YOUR COMPUTER AND DO NOT USE IT IN ANY MANNER WHATSOEVER.

Bosch Security Systems, Inc. ("Bosch") licenses the software comprised in the Telex Radio Dispatch C-Soft and Network Recorder Application (each, together with associated documentation, the "Software") for the nonexclusive use by the end user (the "Licensee"). Licensee has read this License, and Licensee understands, accepts and expressly agrees to abide by all the terms, provisions and conditions of this License.

TERMS, PROVISIONS AND CONDITIONS OF LICENSE

  1. License of Software. Under the terms of this nonexclusive and nontransferable License:
    1. Licensee may use a machine-readable form of the Software on a single computer or a single server at a time and only for the operation of Bosch products. Licensee may not and shall not (A) use the Software except as expressly authorized in this License and in the User Documentation; (B) sell, sub-license, lease, rent, assign, pledge, or otherwise transfer, make available or share Licensee's rights under this License with any party or entity; (C) modify, translate disassemble, decompile, reverse engineer, revise or enhance the Software or attempt to discover the Software's source code or create derivative works thereof; or (D) install the Software onto a server so that it is accessible via a public network.
    2. This License does not convey to Licensee an ownership interest in or title to the Software, in whole or in part,, but only the right to use the Software in accordance with the terms of this License. Nothing in this License constitutes a waiver of Bosch's intellectual property rights under any law.
    3. Open Source Software. The Software contains certain software components that are licensed by Bosch from various open source distributors (individually and collectively, the "Open Source Software"), and redistributed by Bosch to Licensee in accordance with the provisions of the open source licenses governing the Open Source Software (each, the "Open Source License"). The Open Source Software and applicable Open Source Licenses are listed in Schedule A to this License. Upon Licensee's written request, Bosch will (A) provide to Licensee a copy of the applicable Open Source License(s) or (or specify where such license(s) may be found); and (B) provide to Licensee a copy of the Open Source Software source code, if it is publicly available without charge (although a distribution fee or a charge for related services may be applicable).
      1. No Support of Open Source Software. Licensee acknowledges and agrees that the Open Source Software is sublicensed by Bosch to Licensee without support from Bosch. Licensee additionally understands and acknowledges that the open source licenses governing the Open Source Software offer few, if any, warranties.
      2. Open Source Rights; Restrictions on Use of Software. Licensee may use, modify, link, distribute the Open Source Software to the full extent permitted under the applicable Open Source License; provided that Licensee will not incorporate, link, distribute or use any third party software or code in conjunction with the Software in any way that (i) creates any obligation with respect to the Software, including the obligation to disclose or distribute its source code; or (ii) grants to any third party any rights to the Software. Without limiting the generality of the foregoing, Licensee will not incorporate, link, distribute or use the Software with any code or software licensed under the GNU General Public License ("GPL"), Lesser General Public License ("LGPL"), Mozilla, or any other Open Source License, in any manner that could cause the Software (or any modifications thereto) to become subject to the terms of the GPL, LGPL, Mozilla or such other Open Source License. Licensee, and any other third party receiving the Software or any copies thereof, do not and will not receive any right to use the Software or copies thereof in a manner that will cause any patents, copyrights or other intellectual property rights that are owned or controlled by Bosch or any of its Affiliates to become subject to any encumbrance or terms and conditions of any third party or Open Source License. These restrictions, limitations, exclusions and conditions will apply even if Bosch becomes aware of or fails to act in a manner to address any violation or failure to comply therewith. Also, no act by Bosch will be construed as inconsistent with the intent not to cause any intellectual property rights that are owned or controlled by Bosch or any of its affiliate to become subject to any any Open Source License. For clarity and the avoidance of doubt, the restrictions set forth in this Section 1.3(B) are not intended and shall not be construed to apply to the Open Source Software.
    4. This License will terminate automatically if Licensee fails at any time to comply with any of its terms or conditions.
    5. Licensee may terminate this License at any time by returning the Software to Bosch and complying with the terms of Section 1.6 below.
    6. Except as expressly stated in this License, Bosch has no obligation to provide support, maintenance, upgrades, modifications, or new releases of the Software.
    7. Upon any termination of this License, Licensee shall immediately return the Software to Bosch, or destroy all items of the Software and delete same from Licensee's hardware. After termination of this License, Bosch will not provide any further support for the Software.
    8. The Software, including the AMBE® voice coding technology (the "Technology") embedded therein, is protected by intellectual property rights including patent rights, copyrights, and trade secrets of Digital Voice Systems, Inc. The Technology is licensed solely for use within the Software without further modification. The user of the Software is expressly prohibited from attempting to decompile, reverse engineer, or disassemble the Object Code, or in any other ways convert the Object Code into human-readable form. U.S. Pat. Nos. #5,870,405, #5,826,222, #5,754,974, #5,701,390, #5,715,365, #5,649,050, #5,630,011, #5,581,656, #5,517,511, #5,491,772, #5,247,579, #5,226,084 and #5,195,166.]
  2. Ownership and Propriety Rights; No Implied Rights. The Software is owned and copyrighted by Bosch and/or its suppliers. Except for the rights expressly granted herein, no rights whatsoever are granted to or implied in favor of Licensee. Bosch and its suppliers retain all rights to the Software, including, without limitation, all right, title and interest in or to all copyright, patent, trade secret, and other intellectual and proprietary rights therein, and any copies thereof, in whole or in part, all of which are the valuable property of Bosch and/or its suppliers. Licensee may not remove, change, or delete the copyright notice from the Software. Licensee will instruct its employees and others having access to the Software in, and ensure their compliance with the terms of, this License. Licensee shall use its best efforts to prevent any unauthorized copying of the Software. Licensee shall be responsible for any breach of any provision of this License by Licensee's employees. Licensee shall not sell, transfer, publish, disclose, commercially exploit or otherwise make available, the whole or any part of the Software, or any copies thereof, to any third party or persons not permitted by the terms of, and pursuant to the terms contained in this License and each applicable Open Source License. Licensee shall not be not in violation of this License, including this section, when a third party views the functional output resulting from Licensee's use of the Software.
  3. Software Key. Licensee understands, acknowledges and agrees that, in order to use the Software and receive the benefit of the Software's functionality, Licensee must utilize the applicable Software key made available by Bosch to purchasers of the Telex Radio Dispatch-IP Console (each, the "Software Key"). Licensee understands that a specific Software Key must be used for each of C-Soft and the Network Recorder Application.
    1. Licensee may not and shall not (A) use the Software Key except as expressly authorized in this License and User Documentation (B) sell, sub-license, lease, rent, assign, pledge, or otherwise transfer the Software Key; (C) modify, disassemble, decompile, reverse engineer, revise or enhance the Software Key or create derivative works thereof.
    2. Licensee acknowledges and agrees that its rights to the Software Key are subject to the intellectual property rights of Bosch and/or third parties. This License does not convey to Licensee an ownership interest in or title to intellectual property rights associated with the Software Key Nothing in this License constitutes a waiver of intellectual property rights of Bosch or any third party with respect to the Software Key.
  4. Taxes. The License Fees for the Software is exclusive of all applicable federal, state, provincial and local taxes including, without limitation, sales, use, property, value added, goods and services, excise, and similar taxes, and all such taxes shall be assumed and paid by Licensee, excluding taxes on Bosch's net income. In the event that Bosch determines that any such taxes are subject to withholding requirements, Bosch may bill Licensee for such taxes, and Licensee shall promptly pay the amount billed. If any such tax for which Licensee is responsible hereunder is paid by Bosch, Licensee agrees to promptly reimburse Bosch therefore.
  5. Warranty, Limitation of Liability, Remedies.
    1. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND INCLUDING A WARRANTY THAT THE SOFTWARE IS ERROR FREE OR WILL RUN UNINTERRUPTED, OR THAT IT IS IS FREE FROM INFRINGEMENT CLAIMS. ANY WARRANTY IMPLIED BY LAW, INCLUDING WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. IS EXPRESSLY DISCLAIMED HEREBY NEITHER BOSCH NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF BUSINESS, GOODWILL OR ECONOMIC OPPORTUNITY, INTERRUPTION OF BUSINESS, LOSS OF DATA, LOSS OF PROGRAMMING AND/OR PRODUCTION MATERIALS, DAMAGE TO BUSINESS REPUTATION, OR FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER UNDER THIS AGREEMENT OR OTHERWISE, OR FOR ANY CLAIM BY ANY OTHER PARTY. Bosch does not warrant the functions provided by the Software. However, Bosch warrants the diskette or other media on which the Software is furnished to be free from material defects in materials and workmanship, under normal use, for a period of 90 days from the date of original purchase. Bosch's entire liability to Licensee, and Licensee's exclusive remedy, shall be the replacement of the diskette or other media not meeting Bosch's warranty, provided that Licensee returns the defective diskette or other media to Bosch. The replacement will be warranted for the remainder of the term of the original warranty, or 30 days, whichever is longer. Licensee acknowledges that it is solely responsible for the selection of the Software to achieve Licensee's intended results, and for the installation, use, and results obtained from the Software.
    2. Limited Warranty of Software Key; Remedies. Bosch warrants, for Licensee's benefit alone, that (i) the Software Key, when and as delivered to Licensee, and for a period of three (3) years after the date of delivery (i) will perform in all material respects in accordance with the User Documentation, provided that it is used on the computer hardware and with the operating system specified in the User Documentation; and (ii) will be in all material respects free from significant defects in materials and workmanship under normal use thereof. Use of the Software Key other than normal, which shall render this warranty void, includes misuse, tampering, modification, neglect or failure to follow Bosch instructions. This warranty additionally does not cover defects not caused by Bosch (including accidents or malfeasance while the Software Key is in transit or in Licensee's possession, custody or control, or any defects or errors arising from any modification of the Software, including any Open Source Software, that is not made or approved by Bosch). Repairs not covered by this warranty shall be available on a time and material basis. Licensee understands, acknowledges and expressly agrees that all repair(s) and replacement(s) of a Software Key shall require the return of the original Software Key, and that lost Software Keys will not be replaced. If, at any time during the applicable warranty period, Bosch, or Licensee discovers one or more defects or errors in the Software Key or if the Software Key fails to operate in accordance with applicable specifications or is otherwise defective, Bosch's sole obligation shall be to repair or replace the defective item.
    EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, BOSCH DOES NOT WARRANT THAT THE SOFTWARE KEY WILL MEET LICENSEE'S REQUIRMENTS OR THAT THE OPERATION OF THE SOFTWARE KEY WILL BE UNINTERRUPTED OR ERROR-FREE. BOSCH EXPRESSLY DISCLAIMS ALL EXPRESS WARRANTIES NOT STATED HEREIN AND ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FURTHER, NOTHING IN THIS LICENSE IS INTENDED OR SHALL BE CONSTRUED AS A WARRANTY BY BOSCH OF ANY OPEN SOURCE SOFTWARE, OR AN AGREEMENT BY BOSCH TO PROVIDE ANY SUPPORT OR MAINTENANCE WITH RESPECT TO THE OPEN SOURCE SOFTWARE; ANY SUCH WARRANTY OR AGREEMENT BEING EXPRESSLY DISCLAIMED HEREBY
  6. U.S. Government Restricted Rights. Licensee will not use the Software or Software Key in any manner prohibited by applicable law, including any restrictions imposed by the United States Government. The Software is provided with restricted rights. Use, duplication, or disclosure is subject to legal restrictions of the U.S. Government as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFAR 252.227-7013, Federal Acquisition Regulation clause 52.227-19 (c) (2) Commercial Computer Software Restricted Rights, NASA clause 52.227.86 (d) Commercial Computer Software Licensing, or their successor.
  7. Export Control Laws
    1. Bosch's responsibility for delivery is limited to the delivery of the Software to Licensee. Bosch will not be responsible for obtaining any export licenses or re-export licenses which may be required for any subsequent shipping of the Software to destinations determined by Licensee.
    2. In the event that Licensee, or any subsequent party handling the Software after delivery by Bosch to Licensee, does export the Software then, as between Bosch and Licensee:
    3. Licensee shall be solely responsible for compliance with all applicable laws and regulations relating to such export including, but not limited to (a) export licenses or license exceptions, (b) determining correct classification at the time of export; and (c) any other regulatory agency approval requirements; and
    4. any diversion of the Software contrary to applicable law (including but not limited to U.S. law and the law of the jurisdiction in which Licensee is located) by Licensee or any such subsequent party is prohibited, and Licensee shall be solely responsible for any diversion which is contrary to applicable law.
  8. DISCLAIMER OF CONSEQUENTIAL DAMAGES. NEITHER PARTY SHALL BE LIABLE (WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) TO THE OTHER PARTY FOR ANY LOSS OR DAMAGE (INCLUDING INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES), INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGE TO BUSINESS EARNINGS, LOST PROFITS OR GOODWILL AND LOST OR DAMAGED DATA OR DOCUMENTATION, SUFFERED BY ANY PERSON, ARISING FROM AND/OR RELATED WITH AND/OR CONNECTED TO DELIVERY, INSTALLATION, USE OR PERFORMANCE OF THE PRODUCT AND/OR ANY COMPONENT OF THE PRODUCT, EVEN IF SUCH PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  9. Governing Law. This License shall be construed according to the laws of the State of New York and the U.S. The provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply. Any dispute will be subject to arbitration under the rules of the American Arbitration Association and shall take place in Lincoln, Nebraska, Metropolitan area of Rochester, New York, U.S.A.
  10. Entire Agreement. This License any Bosch Standard Terms and Conditions as applicable from time to time, as well as all exhibits, schedules or appendices hereto, constitutes the complete and exclusive statement of the terms hereof and supersedes all prior oral and written statements of any kind made by the parties or their representatives with respect to the subject matter hereof. Any customer purchase order or similar document issued by Licensee or subsequent shall not be part of this License and shall not add to or modify any of the terms hereof. This License may not be changed or supplemented except by a written amendment signed by authorized representatives of the parties.

SCHEDULE A
Bosch Security Systems, Inc.

Telex Radio Dispatch C-Soft and Network Recorder Application
End User Software License Agreement

Open Source Software
and Open Source Software Licenses

  1. Linux Operating System (www.kernel.org) GNU GPL License
  2. OPAL SIP library – (http://www.opalvoip.org) – MPL License
  3. Cherokee web server (http://www.cherokee-project.com) – GPL License
  4. ALSA – Advance Linux Sound Architecture – (http://www.alsa-project.org) – LGPL
  5. Expat – XML parser – (http://www.libexpat.org) – MIT License
  6. Direct Frame Buffer – (http://www.directfb.org) – LGPL License
  7. Busybox – (http://www.busybox.net) – GPL version 2 license
Check here if you have read and agree with EULA