DIGIUM END-USER PURCHASE AND LICENSE AGREEMENT August 1, 2006End-User Purchase and License Agreement • August 28th, 2006 • Alabama
Contract Type FiledAugust 28th, 2006 JurisdictionSubject to the terms and conditions of this Agreement and Exhibit A, Digium grants you a non- exclusive, non-sublicenseable, non-transferable license to use the Software for internal business purposes and not for resale, sublicense, leasing, or providing hosted services to third-parties. "Software" shall include any upgrades, updates, bug fixes or modified versions ("Upgrades") or backup copies of the Software supplied to you by Digium or an authorized reseller, provided you hold a valid license to the original Software and have paid any applicable fee for Upgrades. Notwithstanding the foregoing, you acknowledge that certain components of the Software may be covered by so-called "open source" software licenses ("Open Source Components"). Digium will provide a list of Open Source Components for a particular version of the Software upon your request. To the extent required by the licenses covering Open Source Components, the terms of such licenses will apply in lieu of the terms of this