THIS END USER LICENSE AGREEMENT ("SOFTWARE LICENSE TERMS") GOVERNS THE USE OF
AVAYA'S PROPRIETARY SOFTWARE AND THIRD-PARTY PROPRIETARY SOFTWARE. READ THESE
SOFTWARE LICENSE TERMS CAREFULLY, IN THEIR ENTIRETY, BEFORE INSTALLING,
DOWNLOADING OR USING THE SOFTWARE (AS DEFINED IN SECTION A BELOW). 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 DOING SO
(HEREINAFTER REFERRED TO INTERCHANGEABLY AS "YOU" AND "END USER"), AGREE TO
THESE SOFTWARE LICENSE TERMS AND CONDITIONS AND CREATE A BINDING CONTRACT
BETWEEN YOU AND AVAYA INC. OR THE APPLICABLE AVAYA AFFILIATE ("AVAYA").
IF YOU ARE ACCEPTING THESE SOFTWARE LICENSE TERMS ON BEHALF OF A COMPANY OR
OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH
ENTITY TO THESE SOFTWARE LICENSE TERMS. IF YOU DO NOT HAVE SUCH AUTHORITY
OR DO NOT WISH TO BE BOUND BY THESE SOFTWARE LICENSE TERMS, YOU MUST RETURN
OR DELETE THE SOFTWARE WITHIN TEN (10) DAYS OF DELIVERY FOR A REFUND OF
THE FEE, IF ANY, YOU PAID FOR THE LICENSE OR IF SOFTWARE IS ACCESSED
ELECTRONICALLY, SELECT THE "DECLINE" BUTTON AT THE END OF THESE SOFTWARE
LICENSE TERMS OR THE EQUIVALENT OPTION.
 
 
means any entity that is directly or indirectly controlling,
controlled by, or under common control with Avaya Inc. or End User. For
purposes of this definition, "control" means the power to direct the
management and policies of such party, directly or indirectly, whether through
ownership of voting securities, by contract or otherwise; and the terms
"controlling" and "controlled" have meanings correlative to the foregoing.
 
means information published by Avaya in varying mediums
which may include product information, operating instructions and performance
specifications that Avaya generally makes available to users of its products.
Documentation does not include marketing materials.
 
means Avaya's computer programs in object code, provided by
Avaya or an Avaya Channel Partner, whether as stand-alone products or
pre-installed on hardware products, and any upgrades, updates, bug fixes, or
modified versions thereto.
 
These Software License Terms are applicable to anyone who installs,
downloads, and/or uses Software and/or Documentation, obtained from Avaya or
an Avaya reseller, distributor, direct partner, system integrator, service
provider or other partner authorized to provide Software to End Users in the
applicable territory ("Avaya Channel Partner"). Some or all of the Software
may be remotely hosted or accessible to you through the Internet. You are not
authorized to use the Software, if the Software was obtained from anyone other
than Avaya or an Avaya Channel Partner.
These Software License Terms govern your use of the Software and/or
Documentation except to the extent: (i) you are obtaining the Software
directly from Avaya and you have a separate signed agreement with Avaya
governing your use of the Software, (ii) you are obtaining the Software from
an Avaya Channel Partner and you have a separate signed agreement with Avaya
governing your use of Software obtained from that Avaya Channel Partner,
(iii) the Software is accompanied by a Shrinkwrap License, or (iv) the
Software is governed by Third Party Terms. If you have a separate signed
purchase agreement with Avaya, as set forth in (i) or (ii) above, such
agreement shall take precedence over these Software License Terms to the
extent of any conflict. With respect to third party elements subject to a
Shrinkwrap License or other Third Party Terms, the Shrinkwrap License or other
Third Party Terms shall take precedence over any signed agreement with Avaya
and these Software License Terms to the extent of any conflict.
 
Avaya grants you a personal, non-sublicensable,
non-exclusive, non-transferable license to use Software and associated
Documentation obtained from Avaya or an Avaya Channel Partner and for which
applicable fees have been paid for your internal business purposes at the
indicated capacity and features and within the scope of the applicable license
types described below and at locations where the Software is initially
installed. Documentation shall be used only in support of the authorized use
of the associated Software. Software installed on mobile-devices and clients,
such as a laptop or mobile phone, may be used outside of the country where the
Software was originally installed, provided that such use is on a temporary
basis only.
Notwithstanding the foregoing
limitation permitting use of the Software only at the location where it is
initially installed, you may move eligible right to use license entitlements
("RTU") for certain specified Software from one location to another in
accordance with Avaya's then-current software license portability policy
("License Portability Policy"), which License Portability Policy is available
upon request, subject to the conditions set forth in this Section C (i):
You shall provide written notice within ten (10) days to Avaya of any RTU
moves including but not limited to, the number and type of licenses
moved, the location of the original Server and the location of the new
Server, the date of such RTU moves and any other information that Avaya
may reasonably request;
You may only move RTU's to and from Designated Processors or Servers
supporting the same Software application;
You must reduce the quantity of the licenses on the original Server by
the number of RTU's being moved to the new Server;
You acknowledge that: (1) you may be charged additional fees when moving
RTU's as per Avaya's then-current License Portability Policy,
(2) maintenance services do not cover system errors caused by moves not
performed by Avaya, (3) you are responsible for any programming,
administration, design assurance, translation or other activity to make
sure the Software will scale and perform as specified as a result of any
license moves, and if any such transfer results in a requirement for
Avaya system engineering or requires the use of on-site Avaya personnel,
you will be charged the Time and Materials fees for such activity;
If your maintenance coverage differs on licenses on the same product
instance at the location of the new Server, service updates, recasts
and/or fees may apply and any fee adjustments for differences in coverage
will only be made on a going forward basis as of the date Avaya receives
notice of the RTU move; and
You may move RTU's from one Affiliate to another Affiliate provided that
you comply with all of the conditions of this Section, including, without
limitation, providing the name and address of the new Affiliate in your
written notice under subpart (a) above, and provided such new Affiliate
agrees to be bound by these Software License Terms.
With respect to Software distributed by
Avaya to you for non-production purposes, the scope of the license granted
herein shall be to use the Software in a non-production environment solely for
testing or other non-commercial purposes on a single computer or as otherwise
designated by Avaya ("Non-Production License").
 
Avaya retains title to and ownership of the Software,
Documentation, and any modifications or copies thereof. Except for the limited
license rights expressly granted in these Software License Terms, Avaya
reserves all rights, including without limitation copyright, patent, trade
secret, and all other intellectual property rights, in and to the Software and
Documentation and any modifications or copies thereof,. The Software contains
trade secrets of Avaya, its suppliers, or licensors, including but not limited
to the specific design, structure and logic of individual Software programs,
their interactions with other portions of the Software, both internal and
external, and the programming techniques employed.
 
To the extent permissible under applicable
law, you agree not to: (i) decompile, disassemble, reverse engineer, reverse
translate or in any other manner decode the Software; (ii) alter, modify or
create any derivative works or enhancements, adaptations, or translations of
the Software or Documentation; (iii) sell, sublicense, lease, rent, loan,
assign, convey or otherwise transfer the Software or Documentation except as
expressly authorized by Avaya in writing, and any attempt to do so is void;
(iv) distribute, disclose or allow use of the Software or Documentation, in
any format, through any timesharing service, service bureau, network or by
any other similar means except as expressly authorized by Avaya in writing;
(v) allow any service provider or other third party, with the exception of
Avaya's authorized maintenance providers who are acting solely on behalf of
and for the benefit of End User, to use or execute any software commands that
facilitate the maintenance or repair of any product; (vi) gain access to or
the use of any Software or part thereof without authorization from Avaya;
(vii) enable or activate, or cause, permit or allow others to enable or
activate any logins reserved for use by Avaya or Avaya's authorized
maintenance providers; (viii) publish the results of any tests run on the
Software; (ix) disclose, provide, or otherwise make available to any third
party any trade secrets contained in the Software or Documentation; (x) use
the Software in a virtualized environment except as expressly authorized by
these Software License Terms, or (xi) permit or encourage any third party to
do any of the foregoing.
End User agrees not to allow anyone other than its authorized employees,
agents or representatives who have a need to use the Software or Documentation
to have access to the Software or Documentation. End User agrees to inform any
third party to whom you give access to the Software or Documentation of these
Software License Terms and shall obligate such third party to comply with such
terms and provisions. End User shall be responsible for any third party's
failure to comply with these Software License Terms and shall indemnify Avaya
for any damages, loss, expenses or costs, including attorneys' fees and costs
of suit, incurred by Avaya as a result of non-compliance with this Section.
Additional License Restrictions Applicable to the EU. Notwithstanding the
limitations in Sections C and E regarding the use of Software at locations
where initially installed and transfer of licenses, End Users located in a
member state of the European Union may, in accordance with the judgment(s) of
Court of Justice of the European Union, resell licenses, subject to the
following conditions:
Prior to resale of a license, End User will promptly, but not less than
30 days prior to a resale, notify Avaya in writing of its intention to
resell a license.
Unless expressly agreed otherwise in writing, End User will not be
permitted to resell less than its entire license to a buyer.
End User will resell the Software subject to these Software License
Terms and shall ensure that the buyer is bound by these Software
License Terms.
Upon resale of a license, End User shall immediately and permanently
cease all use of and destroy all copies of the Software and any
related materials in End User's possession or control and, upon
Avaya's request, certify such destruction in writing. Avaya may
audit End User's compliance with the foregoing in accordance with
Section J below.
End User will keep appropriate records of all license resale including,
but not limited to, the name and location of the buyer and the number
and types of licenses resold.
End User acknowledges that: (a) resale of a license is subject to any
relevant Third Party Terms; (b) maintenance services do not cover
system errors caused by license resale not performed by Avaya;
(c) Avaya is not responsible for any programming, administration,
design assurance, translation or other activity to make sure the
Software will scale and perform as specified as a result of any
license resale, and if any such resale results in a requirement for
Avaya system engineering or requires the use of on-site Avaya
personnel, End User will be charged the then applicable Avaya time and
materials rates for such activity; (d) any resale of a maintenance
services agreement between Avaya and the original licensee is subject
to Avaya's prior written approval. Avaya reserves the right to
withhold such approval and/or offer the new licensee a maintenance
services agreement subject to different terms and conditions; and
(e) if not expressly agreed by Avaya in writing otherwise, the resale
of licenses does not entitle the End User to cancel or partially
cancel a maintenance services agreement during the agreed term.
If the Software is rightfully located in a member state of the European Union
and End User needs information about the Software in order to achieve
interoperability of an independently created software program with the
Software, End User will first request such information from Avaya. Avaya may
charge End User a reasonable fee for the provision of such information. End
User agrees to protect such information in accordance with Section P below,
and shall use such information only in accordance with the terms and
conditions under which Avaya provides such information. To the extent that the
End User is expressly permitted by applicable mandatory law to undertake any
activities related to achieving interoperability of an independently created
software program with the Software, End User will not exercise those rights
until End User has given Avaya twenty (20) days written notice of its intent
to exercise any such rights.
 
You agree to retain, in the same form and
location, all proprietary legends and/or logos of Avaya and/or Avaya's
suppliers on any permitted copies of the Software or Documentation.
 
End User may create a reasonable number of archival and
backup copies of the Software and the Documentation.
 
End User's right to use any upgrades to the Software shall be
conditioned upon End User having a valid license to use the original Software
and paying the applicable license fee to Avaya or an Avaya Channel Partner for
such upgrade.
 
Avaya's Global Product Warranty Policy for End Users, which
details a limited warranty for Software and Software media and the applicable
procedures , exclusions, and disclaimers, is available through the following
website: 
http://support.avaya.com
, or such successor site as designated by
Avaya. Please note that if you are acquiring the Software from an Avaya Channel
Partner outside the United States of America or Canada, the warranty is
provided to you by said Avaya Channel Partner and not by Avaya.
 
Avaya and the Avaya Channel Partner who provided the Software
have the right to inspect or audit by remote polling or other reasonable means,
and to inspect End User's books, records, and accounts during normal business
hours and with reasonable notice, to determine End User's compliance with these
Software License Terms, including but not limited to usage levels. In the event
such inspection or audit uncovers non-compliance with these Software License
Terms, then without prejudice to Avaya's termination rights hereunder, End User
shall promptly pay Avaya any applicable license fees. End User agrees to keep a
current record of the location of the Software.
 
If you breach
these Software License Terms and if within ten (10) business days of Avaya's
written request to cure, you have not cured all breaches of license limitations
or restrictions, Avaya may, with immediate effect, terminate the licenses
granted in these Software License Terms without prejudice to any available
rights and remedies Avaya may have at law or in equity. Upon termination or
expiration of the license for any reason, you must immediately permanently
destroy all copies of the Software and any related materials in your possession
or control and, upon Avaya's request, certify such destruction in writing. The
provisions concerning confidentiality, the protection of trade secrets and
proprietary rights, indemnity, license restrictions, export control, and all
limitations of liability and disclaimers and restrictions of warranty (as well
as any other terms which, by their nature, are intended to survive termination)
will survive any termination or expiration of the Software License Terms.
 
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 in Section M 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. "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.
 
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.
 
End User may install and use the Software
on multiple Designated Processors or one or more Servers, so long as
only the licensed number of Units are accessing and using the Software
at any given time. A "Unit" means the unit on which Avaya, at its sole
discretion, bases the pricing of its licenses and can be, without
limitation, an agent, port or user, an e-mail or voice mail account in
the name of a person or corporate function (e.g., webmaster or
helpdesk), or a directory entry in the administrative database utilized
by the Software that permits one user to interface with the Software.
Units may be linked to a specific, identified Server or an Instance of
the Software.
 
End User may install and use each copy or an
Instance of the Software on one Server or on multiple Servers provided
that each of the Servers on which the Software is installed
communicates with no more than an Instance of the same database.
 
End User may install and use each copy or Instance of
the Software on a number of Servers up to the number indicated in the
order provided that the performance capacity of the Server(s) does not
exceed the performance capacity specified for the Software. End User
may not re-install or operate the Software on Server(s) with a larger
performance capacity without Avaya's prior consent and payment of an
upgrade fee.
 
You may: (i) install and use the Software on
a single Designated Processor or Server per authorized Named User
(defined below); or (ii) install and use the Software on a Server so
long as only authorized Named Users access and use the Software.
"Named User," means a user or device that has been expressly
authorized by Avaya to access and use the Software. At Avaya's sole
discretion, a "Named User" may be, without limitation, designated by
name, corporate function (e.g., webmaster or helpdesk), an e-mail or
voice mail account in the name of a person or corporate function, or
a directory entry in the administrative database utilized by the
Software that permits one user to interface with the Software.
 
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" 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
, or such successor site as designated by
Avaya. For Heritage Nortel Software, Avaya grants you 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.
 
Certain software programs or portions thereof
included in the Software may contain software (including open source software)
distributed under third party agreements ("Third Party Components"), which
contain terms regarding the rights to use certain portions of the Software
("Third Party Terms"). As required, information regarding distributed Linux OS
source code (for those Products that have distributed Linux OS source code) and
identifying the copyright holders of the Third Party Components and the Third
Party Terms that apply is available in the Documentation or on Avaya's website
at: 
http://support.avaya.com/Copyright,
or such successor site as designated by
Avaya. You agree to the Third Party Terms for any such Third Party Components.
 
EXCEPT FOR PERSONAL INJURY CLAIMS OR WILLFUL
MISCONDUCT, AND TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER AVAYA,
AVAYA AFFILIATES, THEIR LICENSORS OR SUPPLIERS, NOR ANY OF THEIR DIRECTORS,
OFFICERS, EMPLOYEES, OR AGENTS SHALL BE LIABLE FOR (i) ANY INCIDENTAL, SPECIAL,
PUNITIVE, EXEMPLARY, STATUTORY, INDIRECT OR CONSEQUENTIAL DAMAGES, (ii) ANY
LOSS OF PROFITS, REVENUE, OR DATA, TOLL FRAUD, OR COST OF COVER, SUBSTITUTE
GOODS OR PERFORMANCE, OR (iii) ANY DIRECT DAMAGES ARISING UNDER THESE SOFTWARE
LICENSE TERMS IN EXCESS OF THE FEES PAID FOR THE SOFTWARE GIVING RISE TO THE
CLAIM IN THE TWELVE MONTH PERIOD IMMEDIATELY PRCEDING THE DATE GIVING RISE TO
THE CLAIM. REGARDLESS OF WHETHER THEY WERE ADVISED, HAD OTHER REASON TO KNOW,
OR IN FACT KNEW OF THE POSSIBILITY THEREOF AND REGARDLESS OF WHETHER THE
LIMITED REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. THESE LIMITATIONS OF
LIABILITY IN THIS SECTION WILL APPLY TO ANY DAMAGES, HOWEVER CAUSED, AND ON
ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING, BUT
NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE.
 
End User acknowledges that the
Software and Documentation are confidential information of Avaya and its
suppliers and contain trade secrets of Avaya and its suppliers. End User
agrees at all times to protect and preserve in strict confidence the Software
and Documentation using no less than the level of care End User uses to
protect its own information of a confidential nature and to implement
reasonable security measures to protect the trade secrets of Avaya and
its suppliers.
 
Your privacy is important to Avaya. Avaya's data privacy
policy can be found at
http://investors.avaya.com/governance/data_privacy.asp,
or such successor site as designated by Avaya. The download or use of the
Software may require the processing of personal data (including, but not
limited to contact name, company address, company phone or fax, or company
email) pertaining to your company or to your company's personnel. Such data
will be used by Avaya for communication, administrative, and operational
purposes related to the Software, including but not limited to tracking
Software activations, communicating regarding trouble tickets and alarms, and
providing Software updates. Personal data required to download or use the
Software must be submitted to Avaya. Failing the submission of such data, the
download or use of the Software may not be possible. You or your personnel
have a right to access and correct erroneous personal data pertaining to you
or your personnel and to object for legitimate reasons to the processing and
transfer of this data. You can exercise this right by contacting in writing
the Data Privacy Officer of the applicable Avaya Affiliate.
 
The Software is not fault-tolerant and is not
designed, manufactured or intended for any use in any environment that
requires fail-safe performance in which the failure of the Software could
lead to death, personal injury or significant property damage ("High Risk
Activities"). Such environments include, among others, control systems in a
nuclear, chemical, biological or other hazardous facility, aircraft navigation
and communications, air traffic control, and life support systems in a
healthcare facility. End User assumes the risks for its use of the Software
in any such High Risk Activities.
 
End User is advised that the Software is of U.S. origin and
subject to the U.S. Export Administration Regulations ("EAR"). The Software
also may be subject to applicable local laws and regulations. Diversion
contrary to U.S. and/or applicable local country law and/or regulation is
prohibited. You agree not to directly or indirectly export, re-export, import,
download, or transmit the Software to any country, end user or for any use
that is contrary to applicable U.S. and/or local country regulation or statute
(including but not limited to those countries embargoed by the U.S.
government). You represent that neither the U.S. Bureau of Industry and
Security (BIS) nor any other governmental agency has issued sanctions against
End User or otherwise suspended, revoked or denied End User's export
privileges. You agree not to use or transfer the Software for any use relating
to nuclear, chemical or biological weapons, or missile technology, unless
authorized by the U.S. and applicable local government by regulation or
specific written license. Additionally, you are advised that the Software may
contain encryption algorithm or source code that may not be exported to
government or military end users without a license issued by the U.S. BIS and
any other country's governmental agencies, where applicable.
 
The Software is classified as "commercial computer
software" and the Documentation is classified as "commercial computer software
documentation" or "commercial items," pursuant to 48 CFR FAR 12.212 or DFAR
227.7202, as applicable. Any use, modification, reproduction, release,
performance, display or disclosure of the Software or Documentation by the
Government of the United States shall be governed solely by the terms of these
Software License Terms and shall be prohibited except to the extent expressly
permitted by these Software License Terms, and any use of the Software and/or
Documentation by the Government constitutes agreement to such classifications
and to these Software License Terms.
 
End User acknowledges that certain Software may contain
programming that: (i) restricts, limits and/or disables access to certain
features, functionality or capacity of such Software subject to the End User
making payment for licenses to such features, functionality or capacity;
or (ii) periodically deletes or archives data generated by use of the Software
and stored on the applicable storage device if not backed up on an alternative
storage medium after a certain period of time.
 
These Software License Terms will be governed by New York
law, excluding choice of law principles and the United Nations Convention on
Contracts for the International Sale of Goods. Any claim, dispute or
controversy (collectively a "Claim") arising out of or relating to these
Software License Terms, including without limitation the formation,
interpretation, breach or termination hereof, or any issue regarding whether
a Claim is subject to arbitration hereunder, that cannot be settled by good
faith negotiation between the parties within a reasonable period of time, will
be conclusively determined by a final and binding arbitration proceeding to
take place in New York City, New York. Such proceeding will be conducted in
English and administered by JAMS pursuant to the JAMS Comprehensive
Arbitration Rules and Procedures then in effect, or in the event one of the
parties is located outside of the United States, pursuant to the JAMS
International Arbitration Rules then in effect, before a panel of one
arbitrator chosen in accordance with such rules. The arbitrator will not award
punitive or exemplary damages, and will not have the authority to limit,
expand or otherwise modify the Software License Terms. The ruling by the
arbitrator may be entered in any court having jurisdiction over the parties or
any of their assets. The parties will evenly split the cost of the
arbitrator's fees, but each party will bear their own attorneys' fees and
other costs associated with the arbitration. The parties agree that this
arbitration provision may be enforced by injunction or other equitable order,
and no bond or security of any kind will be required with respect to any such
injunction or order. In addition and notwithstanding the foregoing, Avaya
shall be entitled to take any necessary legal action, including without
limitation seeking immediate injunctive relief from a court of competent
jurisdiction, in order to protect Avaya's intellectual property and its
confidential or proprietary information (including but not limited to trade
secrets). If any provision of these Software License Terms is determined to be
unenforceable or invalid, these Software License Terms will not be rendered
unenforceable or invalid as a whole, and the provision will be changed and
interpreted so as to best accomplish the objectives of the original provision
within the limits of applicable law. The failure to assert any rights under
the Software License Terms, including, but not limited to, the right to
terminate in the event of breach or default, will not be deemed to constitute
a waiver of the right to enforce each and every provision of the Software
License Terms in accordance with their terms. If you move any Software, and as
a result of such move, a jurisdiction imposes a duty, tax, levy or fee
(including withholding taxes, fees, customs or other duties for the import and
export of any such Software), then you are solely liable for, and agree to
pay, any such duty, taxes, levy or other fees.
The parties confirm that it is their wish that these
Software License Terms, as well as all other documents relating hereto,
including all notices, have been and shall be drawn up in the English language
only. Les parties aux presentes confirment leur volonte que cette convention,
de meme que tous les documents, y compris tout avis, qui s'y rattachent,
soient rediges en langue anglaise.