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Refer to your sales agreement to establish the terms of the limited
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Licenses
THE SOFTWARE LICENSE TERMS AVAILABLE ON THE AVAYA
WEBSITE, HTTPS://SUPPORT.AVAYA.COM/LICENSEINFO,
UNDER THE LINK “AVAYA SOFTWARE LICENSE TERMS (Avaya
Products)” 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 as set forth
below in the Designated System(s) License (DS) section as
applicable. 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
computer programs in object code, provided by Avaya or an Avaya
Channel Partner, whether as stand-alone products, pre-installed on
hardware products, and any upgrades, updates, patches, bug fixes,
or modified versions thereto. “Designated Processor” means a single
stand-alone computing device. “Server” means a set of Designated
Processors that hosts (physically or virtually) 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.
Concurrent User License (CU). 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.
Database License (DL). 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 one Instance of the same
database.
CPU License (CP). 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.
Named User License (NU). 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.
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 is the
software contained within the list of Heritage Nortel Products located
at https://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