
iv FG-750
Microsoft End-User License Agreement
You have acquired a device ("DEVICE") that includes software licensed by EXFO Inc. (EXFO) from an affiliate of Microsoft
Corporation ("MS"). Those installed software products of MS origin, as well as associated media, printed materials, and
"online" or electronic documentation ("SOFTWARE") are protected by international intellectual property laws and treaties.
Manufacturer, MS and its suppliers (including Microsoft Corporation) own the title, copyright, and other intellectual property
rights in the SOFTWARE. The SOFTWARE is licensed, not sold. All rights reserved. The Microsoft EULA for the SOFTWARE can
be found at: https://www.microsoft.com/en-us/useterms, by entering “Windows” as the Product Name, and “8” as the
Version Number.
This EULA is valid and grants the end-user rights ONLY if the SOFTWARE is genuine and a genuine Certificate of Authenticity
for the SOFTWARE is included. For more information on identifying whether your software is genuine, please see
https://www.microsoft.com/en-us/howtotell/default.aspx.
IF YOU DO NOT AGREE TO THIS END USER LICENSE AGREEMENT ("EULA"), DO NOT USE THE DEVICE OR COPY THE
SOFTWARE. INSTEAD, PROMPTLY CONTACT EXFO FOR INSTRUCTIONS ON RETURN OF THE UNUSED DEVICE(S) FOR A
REFUND. ANY USE OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO USE ON THE DEVICE, WILL CONSTITUTE
YOUR AGREEMENT TO THIS EULA (OR RATIFICATION OF ANY PREVIOUS CONSENT).
Software License Agreement (V.2016-02)
This Software License Agreement ("Agreement") shall apply to any Customer and its Users, for all its request for quotations
and purchase orders, EXFO order acknowledgements and invoices and any delivery of Software by EXFO, for which there is
no separate license agreement between you and the manufacturer or owner of the software, together with EXFO's Sales
Terms and Conditions, available at https://www.exfo.com/umbraco/surface/file/download/?ni=12228&cn=en-US or on
request, which are an integral part of this Agreement.
IMPORTANT: BY ORDERING, INSTALLING, DOWNLOADING, OR USING THE SOFTWARE OR OTHERWISE PROCEEDING
WITH ANY TRANSACTION AFTER RECEIPT OF THE AGREEMENT, OR BY CLICKING ON THE ACCEPT BUTTON OR SIMILAR
BUTTON, YOU, AS THE INDIVIDUAL OR SINGLE ENTITY ACQUIRING THE SOFTWARE (THE "CUSTOMER"), OR AS THE USER
(AS HEREINAFTER DEFINED) SIGNIFY THAT YOU HAVE READ AND ACCEPTED THE TERMS AND CONDITIONS OF THIS
AGREEMENT AS OF THE DATE ON WHICH YOU FIRST ORDER THE SOFTWARE, INSTALL, DOWNLOAD, USE OR CLICK THE
ACCEPT BUTTON (THE "EFFECTIVE DATE"). IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU SHOULD NOT ORDER,
INSTALL, DOWNLOAD, NOR USE THE SOFTWARE AND CONTACT EXFO FOR A REFUND, IF APPLICABLE.
Terms and Conditions
1. DEFINITIONS
1.1 "Documentation" means EXFO's online or electronic information manual or other printed materials that (i) contain
operating instructions and performance specifications for the Software and; (ii) EXFO delivers with the Software; and (iii)
EXFO generally makes available to all users of its Software.
1.2 "Open Source Software" means individual software components that are provided with the Software, for which the source
code is made generally available, and that are licensed under the terms of various published open source software license
agreements or copyright notices accompanying such software components which include without limitation any software
licenses approved as open source licenses by the Open Source Initiative or any substantially similar licenses.
1.3 "Product" means any hardware product developed by or on behalf of EXFO designed for use with the Software, as the
case may be.
1.4 "Software" means the software programs and software components in object code, source code or other format and all
modifications, updates, upgrades and enhancements that EXFO agrees to deliver or make available to Customer from time to
time.
1.5 "Third Party" means any individual, corporation, partnership, association or other entity, other than the parties to this
Agreement.
1.6 "Third Party Software" means the software programs distributed by EXFO as part of the Software which have been
developed by Third Parties or their licensors and may include Open Source Software.
1.7 "Users" means Customer's officers, employees, and independent agents and contractors, who are bound by enforceable
obligations to use the Software only on behalf of the Customer and only in accordance with this Agreement.
2. PROPRIETARY RIGHTS
2.1 The Customer acquiring a license to the Software is granted only those rights expressly conferred by the license grant set
forth in Section 3 of this Agreement. The Software is licensed, not sold. Title to the Software and the Documentation shall not
be passed to Customer, Users or to any other party. EXFO shall retain ownership of all rights, titles and interests, in and to the
intellectual property rights related to the Software and the Documentation, including but not limited to, patent, trademark,
copyrights, trade names, trade secrets, other similar rights, and intellectual property rights that could result from any
alterations, attachments and improvements made by either party. Title in the Third Party Software or the Open Source
Software remains with the Third Party licensors, as applicable. Customer and Users shall not, remove or modify any Software
and Documentation markings or any notices of EXFO's or its Third Party licensors' proprietary rights.