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 or 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 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 unlimited 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 diagnostic and programming modems 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 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 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 of trespassing or any other similar action by customer is hereby waived.
