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standard warranty language, as well as information regarding support for this product while under warranty is available to Avaya customers and other parties through the
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the warranty is provided to You by said Avaya Channel Partner and not by Avaya.
"Hosted Service" means a hosted service subscription that You acquire from either Avaya or an authorized Avaya Channel Partner (as applicable) and which is described
further in Hosted SAS or other service description documentation regarding the applicable hosted service. If You purchase a Hosted Service subscription, the foregoing
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THE FOLLOWING APPLIES IF YOU PURCHASE A HOSTED SERVICE SUBSCRIPTION FROM AVAYA OR AN AVAYA CHANNEL PARTNER (AS APPLICABLE), THE
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Terms of Use for Hosted Services" OR SUCH SUCCESSOR SITE AS DESIGNATED BY AVAYA, AND ARE APPLICABLE TO ANYONE WHO ACCESSES OR USES THE
HOSTED SERVICE. BY ACCESSING OR USING THE HOSTED SERVICE, OR AUTHORIZING OTHERS TO DO SO, YOU, ON BEHALF OF YOURSELF AND THE
ENTITY FOR WHOM YOU ARE DOING SO (HEREINAFTER REFERRED TO INTERCHANGEABLY AS "YOU" AND "END USER"), AGREE TO THE TERMS OF USE. IF
YOU ARE ACCEPTING THE TERMS OF USE ON BEHALF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND
SUCH ENTITY TO THESE TERMS OF USE. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT WISH TO ACCEPT THESE TERMS OF USE, YOU MUST
NOT ACCESS OR USE THE HOSTED SERVICE OR AUTHORIZE ANYONE TO ACCESS OR USE THE HOSTED SERVICE. YOUR USE OF THE HOSTED SERVICE
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THAT FOR CERTAIN HOSTED SERVICES IF APPLICABLE, YOU MAY HAVE THE OPPORTUNITY TO USE FLEX LICENSES, WHICH WILL BE INVOICED ACCORDING
TO ACTUAL USAGE ABOVE THE CONTRACT LICENSE LEVEL. CONTACT AVAYA OR AVAYA'S CHANNEL PARTNER FOR MORE INFORMATION ABOUT THE
LICENSES FOR THE APPLICABLE HOSTED SERVICE, THE AVAILABILITY OF ANY FLEX LICENSES (IF APPLICABLE), PRICING AND BILLING INFORMATION, AND
OTHER IMPORTANT INFORMATION REGARDING THE HOSTED SERVICE.
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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. 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,
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executing at a particular time: (i) on one physical machine; or (ii) on one deployed software virtual machine ("VM") or similar deployment.
License type(s)
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.
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