Common use of SOFTWARE LICENSE AND WARRANTY Clause in Contracts

SOFTWARE LICENSE AND WARRANTY. For software developed by JDSU and contained in any Product and all related documentation (collectively "Software"), JDSU does not transfer ownership (which shall remain solely with JDSU) but only grants the Customer a perpetual, non-exclusive license to use the Software only in conjunction with a single unit of JDSU Product.. Such license is transferable only with the transfer of ownership of the Product in which it is used. Except for making a backup or archival copy or as permitted by law and provided that the said copies contains all of the JDSU proprietary notices contained in the original Software, Customer shall not (a) modify, translate, reproduce, copy, reverse engineer, decompile or disassemble all or any portion of the Software, (b) distribute, market, disclose, rent, lease or create derivative works, or sublicense the use of, the Software to any third party, or (c) permit or authorize anyone within Customer's reasonable control to do any acts in (a) or (b). JDSU warrants that the Software under normal use and service as originally delivered to Customer will function substantially in accordance with the functional description set out in the Product specification and/or user manual supplied with the Software for a period of ninety (90) days from the date of shipment. JDSU's sole liability and Customer's sole remedy for a breach of this Software warranty shall be JDSU's commercially reasonable efforts to rectify the non-conformity or, if after repeated efforts JDSU is unable to rectify the non-conformity, JDSU shall accept return of the Product containing the non-conforming Software and shall issue a credit to Customer for all amounts paid by Customer for the corresponding Product. This warranty is void if failure of the Software has resulted from accident, misuse, abuse, misapplication or modification. JDSU's Software is provided to non-Department of Defense (DOD) agencies of the United States Government with RESTRICTED RIGHTS and its supporting documentation is provided with LIMITED RIGHTS. Use, duplication, or disclosure by the United States Government is subject to the restrictions as set forth in subparagraph "C" of the Commercial Computer Software - Restricted Rights clause at FAR 52.227-19. In the event the sale is to a DOD agency, the Government's rights in Software, supporting documentation, and technical data are governed by the restrictions in the Technical Data Commercial Items clause at DFARS 252.227-7015 and DFARS 227.7202. If Customer breaches any provision of this Agreement with respect to any Software, then (a) JDSU may terminate Customer's license for the Software and related documentation by delivering to Customer notice thereof, and (b) upon receipt of the notice, Customer shall destroy or deliver to JDSU all copies of the Software.

SOFTWARE LICENSE AND WARRANTY. For software developed by JDSU MEMSCAP and contained in any Product and all related documentation (collectively "Software"), JDSU MEMSCAP does not transfer ownership (which shall remain solely with JDSUMEMSCAP) but only grants the Customer a perpetual, non-exclusive license to use the Software restricted to use related only in conjunction with a to the operation of the single unit of JDSU Product.. . Such license is transferable only with the transfer of ownership of the Product in which it is used. Except for making a backup or archival copy or as permitted by law and provided that the said copies contains all of the JDSU proprietary notices contained in the original Softwarelaw, Customer shall not (a) modify, translate, reproduce, copy, reverse engineer, decompile or disassemble all or any portion of the Software, (b) distribute, market, disclose, rent, lease or create derivative works, or sublicense the use of, the Software to any third party, or (c) permit or authorize anyone within Customer's reasonable control to do any acts in (a) or (b). JDSU MEMSCAP warrants that the Software under normal use and service as originally delivered to Customer will function substantially in accordance with the functional description set out in the Product specification and/or user manual supplied with the Software for a period of ninety (90) days from the date of shipment. JDSUMEMSCAP's sole liability and Customer's sole remedy for a breach of this Software warranty shall be JDSUMEMSCAP's commercially reasonable good faith efforts to rectify the non-conformity or, if after repeated efforts JDSU MEMSCAP is unable to rectify the non-conformity, JDSU MEMSCAP shall accept return of the Product containing the non-conforming Software and shall issue a credit refund to Customer for all amounts paid in by Customer for the corresponding Productin respect thereof. This warranty is void if failure of the Software has resulted from accident, misuse, abuse, misapplication or modification. JDSUMEMSCAP's Software is provided to non-Department of Defense (DOD) agencies of the United States Government with RESTRICTED RIGHTS and its supporting documentation is provided with LIMITED RIGHTS. Use, duplication, or disclosure by the United States Government is subject to the restrictions as set forth in subparagraph "C" of the Commercial Computer Software - Restricted Rights clause at FAR 52.227-19. In the event the sale is to a DOD agency, the Government's rights in Software, supporting documentation, and technical data are governed by the restrictions in the Technical Data Commercial Items clause at DFARS 252.227-7015 and DFARS 227.7202. If Customer breaches any provision of this Agreement with respect to any Software, then (a) JDSU may terminate Customer's license for the Software and related documentation by delivering to Customer notice thereof, and (b) upon receipt of the notice, Customer shall destroy or deliver to JDSU all copies of the Software.

SOFTWARE LICENSE AND WARRANTY. For software developed by JDSU Calmar Laser and contained in any Product and all related documentation (collectively "Software"), JDSU Calmar Laser does not transfer ownership (which shall remain solely with JDSUCalmar Laser) but only grants the Customer a perpetual, non-exclusive license to use the Software restricted to use related only in conjunction with a to the operation of the single unit of JDSU Product.. . Such license is transferable only with the transfer of ownership of the Product in which it is used. Except for making a backup or archival copy or as permitted by law and provided that the said copies contains all of the JDSU proprietary notices contained in the original Softwarelaw, Customer shall not (a) modify, translate, reproduce, copy, reverse engineer, decompile or disassemble all al l or any portion of the Software, (b) distribute, market, disclose, rent, lease or create derivative works, or sublicense the use of, the Software to any third party, or (c) permit or authorize anyone within Customer's reasonable control to do any acts in (a) or (b). JDSU Calmar Laser warrants that the Software under normal use and service as originally delivered to Customer will function substantially in accordance with the functional description set out in the Product specification and/or user manual supplied with the Software for a period of ninety (90) days from the date of shipment. JDSUCalmar Laser's sole liability and Customer's sole remedy for a breach of this Software warranty shall be JDSUCalmar Laser's commercially reasonable good faith efforts to rectify the non-conformity nonconformity or, if after repeated efforts JDSU Calmar Laser is unable to rectify the non-conformity, JDSU Calmar Laser shall accept return of the Product containing the non-conforming Software and shall issue a credit refund to Customer for all amounts paid in by Customer for the corresponding Productin respect thereof. This warranty is void if failure of the Software has resulted from accident, misuse, abuse, misapplication or modification. JDSUCalmar Laser's Software is provided to non-Department of Defense (DOD) agencies of the United States Government with RESTRICTED RIGHTS and its supporting documentation is provided with LIMITED RIGHTS. Use, duplication, or disclosure by the United States Government is subject to the restrictions as set forth in subparagraph "C" of the Commercial Computer Software - Restricted Rights clause at FAR 52.227-19. In the event the sale is to a DOD agency, the Government's rights in Software, supporting documentation, and technical data are governed by the restrictions in the Technical Data Commercial Items clause at DFARS 252.227-7015 and DFARS 227.7202. If Customer breaches any provision of this Agreement with respect to any Software, then (a) JDSU may terminate Customer's license for the Software and related documentation by delivering to Customer notice thereof, and (b) upon receipt of the notice, Customer shall destroy or deliver to JDSU all copies of the Software.