Mitel v10.0 Initial Configuration Wizard App Owner’s Manual
- June 11, 2024
- Mitel
Table of Contents
- v10.0 Initial Configuration Wizard App
- Definitions
- Grant of License
- Proprietary Rights
- Open Source Software
- Intellectual Property Rights Indemnification
- Limited Warranties
- Limitations of Liability
- Allocation of Risk
- Export Controls
- U.S. Government Restricted Rights
- Entire Agreement, Governing Law and Venue, Data Collection
- Authorized Mitel Dealer Sublicense Requirement
- Miscellaneous Provisions
- References
- Read User Manual Online (PDF format)
- Download This Manual (PDF format)
END USER LICENSE AGREEMENT
INTIAL CONFIGURATION WIZARD v10.0 or higher
Owner’s Manual
v10.0 Initial Configuration Wizard App
CAREFULLY READ THE FOLLOWING AGREEMENT, INCLUDING ANY APPENDICES. INSTALLATION AND USE OF THE SOFTWARE CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT PROMPTLY REMOVE THE SOFTWARE AND ALL COPIES FROM YOUR SERVER OR DEVICE. LAWFUL USE OF THE SOFTWARE IS CONDITIONAL UPON YOUR COMPLIANCE WITH THE TERMS OF THIS AGREEMENT.
Definitions
“Agreement” means this End User License Agreement, including, for
clarity, appendices attached hereto, if any, which appendices shall take
precedence over any conflicting terms.
“Documentation” means the end user reference and operating manuals that
MITEL and its suppliers publish relating to the Software, excluding
documentation subject to the GNU Free Documentation License or other free
documentation license that permits reproduction.
“Mitel” means MITEL NETWORKS CORPORATION, on its own behalf and on behalf
of its parents, subsidiaries, divisions, affiliates and/or other authorized
entities, 4000 Innovation Drive, Kanata, Ontario, Canada K2K3K1;
CMG@mitel.com.
“Open Source Software” means any software components which are subject to
the GNU General Public License or other open source licenses that is provided
or downloaded with the Software (which may also be identified in one or more
of the installed software directory, through a URL link, on the software kit,
Documentation or applicable web site of Mitel), and any and all copies,
modifications, upgrades, enhancements, and new releases made or acquired by
You. Any software components that are not expressly identified as open source
software by Mitel is Software.
“Software” means the INITIAL CONFIGURATION WIZARD v10.0 or higher, ICW
v10.0 or higher, and all setup, installation, and configuration software,
together with any related software, such as: (i) integration software
applications downloaded by You, including through, (a) the Mitel Networks
Application Management Center (“Mitel AMC”), MiAccess (fka Mitel Connect)
portal, or other similar Mitel service, and (b) commercial mobile application
stores; and/or (ii) cloud-hosted applications and/or services, and includes
any and all copies, modifications, updates, upgrades, firmware, enhancements,
and new releases of the Software. Software excludes any Open Source Software.
“Software License Key” means a string of characters that must be input
into the Software when it is installed, or prior to being downloaded by You in
order to activate it for use with a specific system configuration and which
needs to be entered whenever the Software (or software accompanying the
installation) is installed, upgraded or moved to a new platform.
“Warranty Period” means ninety (90) days from the earlier of the date (a)
You purchase the license for the Software or (b) the Software is Delivered to
You. “Delivered” means, (a) for Software provided to You that is stored on CD-
ROM, DVD, portable memory stick or device, flash drive, or on any other
portable “hard” media device (“Media”), from the date on which the Media on
which the Software is stored is delivered to You, and (b) for Software that is
downloaded by You or on Your behalf from a Mitel authorized site, the date on
which the Software is downloaded.
“You” and “Your” refers to the original and first user (“user”
includes a business entity for this definition) that lawfully acquires the
Software or Documentation directly from Mitel or indirectly from Mitel through
an entity authorized Mitel.
Grant of License
2.1 Upon payment(s) of the applicable license fee or recurring fees of
the Software, Mitel grants to You a non-exclusive, non-transferable license to
use the Software and Documentation solely for the following purpose:
for server install: to install and operate the Software on one server
only for use by: (i) the number of managed systems for which licenses have
been paid; and (ii) the number and type of applications and features for which
application and feature licenses have been paid.
2.2 Use of the Software may be subject to: (a) the issuance of a
Software License Key, which will be conveyed to You upon payment of the
applicable license fees for the Software or accompanying software, including
any extensions thereof; and/or (b) an active Software Assurance Agreement,
which will be conveyed to You upon payment of the applicable fees for Software
Assurance term, including any extensions thereof. If You choose not to
purchase or accept the Software License Key or Software Assurance Agreement
from Mitel, Mitel cannot ensure the Software, accompanying software, and/or
system configuration will operate as intended, or at all.
2.3 Except as expressly permitted in this Agreement, and/or to the extent
that Mitel is not legally able to restrict You under the applicable law or
third party license and then with notice to Mitel, You will not Yourself or
allow anyone else to: (a) disassemble, reverse engineer, decompile or
otherwise attempt to discover the source code or structural framework of the
Software; (b) translate, modify, or create any derivative work of the Software
or Documentation; (c) disclose, publish, sublicense, lend, rent, or lease the
Software or Documentation; (d) copy the Software onto any public or
distributed network; (e) use the Software to operate in or as a time-sharing,
outsourcing, service bureau, application service provider or managed service
provider environment; (f) copy or reproduce the Software or Documentation; or
(g) dispose of the Software by any means whatsoever such that You are no
longer directly using the Software, unless such disposal is expressly granted
in writing by Mitel or by law and is subject to this Agreement or the then-
current terms as provided by Mitel. Any violation of this Section results in
immediate termination of license and will constitute an immediate cause of
action under all applicable claims for Mitel and any entity affected.
2.4 This license will terminate automatically if: (a) You use or permit
the use of the Software or Documentation in any manner not permitted by this
Agreement; (b) a bankruptcy or insolvency proceeding is filed by or against
You; (c) You make an assignment for the benefit of creditors; (d) an event or
proceeding analogous to those set out at paragraphs (b) and (c) above occurs
or takes place in any jurisdiction; (e) payment of applicable license and/or
service fees, agreed-upon recurring fees, and/or Software Assurance fees are
not timely paid; or (f) for cloud/hosted applications and/or services, upon
expiration of the time-based term. Upon termination, You will immediately, as
directed by Mitel, either return the Software and Documentation and all copies
You have made, including without limitation modifications and merged portions
in any form, to Mitel or destroy all copies of the Software and Documentation
and upon request, certify such destruction in writing to Mitel.
Proprietary Rights
3.1 The Software and Documentation comprises valuable patent, copyright, trade secret, trademark, mask work and other proprietary rights of Mitel and its suppliers. Mitel and its suppliers reserve all such rights. No title to or ownership of the Software or Documentation or any right therein other than expressly set out herein is transferred to You. You will not infringe any proprietary right of Mitel or its suppliers and will take appropriate steps for the protection of such rights. You will not remove, obscure or alter any notice of patent, copyright, mask work, trademark, trade secret or other proprietary rights relating to or appearing anywhere on any of the Software or Documentation, irrespective of whether any of the foregoing is registered or unregistered. You must reproduce all copyright notices on any copy of the Software and Documentation. The Software and Documentation is copyrighted by Mitel Networks Corp. © 2023, All Rights Reserved. This Software product may also contain copyright material licensed from third parties and any rights to such copyright material rest with the original owner(s). You shall hold the Software and Documentation in confidence and protect them from disclosure to persons other than your employees to whom disclosure is required on a “need to know basis.” Your confidentiality obligations do not extend to any information relating to the Software or Documentation which is now available to the general public or becomes so available by reason of any acts or omissions not attributable to You.
Open Source Software
4.1 Open Source Software is free software. You can redistribute it and/or
modify it under the terms of the applicable GNU General Public License as
published by the Free Software Foundation (either version 2 of the license, or
(at Your option) any later version) or, if the Open Source Software is
distributed under the terms of an open source license other than the GNU
General Public License, You can redistribute it and/or modify it under the
terms of the respective open source license.
4.2 Open Source Software that is subject to the GNU General Public
License is distributed free of charge to You in the hope that it will be
useful but WITHOUT ANY WARRANTY (EXPRESS OR IMPLIED); without even the implied
warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. You should
have received a copy of the GNU General Public License along with the Open
Source Software; if not, see http://www.gnu.org/licenses/.
4.3 This Software may include Open Source Software. If You would like
acopy of the Open Source Software in this Software, Mitel will provide this
toYou upon written request to legal@mitel.com.
Intellectual Property Rights Indemnification
5.1 Subject to Section 5.2 and 5.3 of this Agreement, in the event of a
third party claim or action filed against You based solely on Your use of the
Software and/or Documentation in strict adherence to the terms of this
Agreement, to the extent that it based on a claim that the Software infringes
a valid United States, Canadian, European (including United Kingdom), or
Australian intellectual property right (other than a patent reading on a
standard (e.g. IEEE) whether essential or not), Mitel may at its sole option
and without further obligation to You either; (a) obtain the right for You to
continue using the Software and/or Documentation, (b) replace or modify the
Software and/or Documentation so that it becomes non-infringing, or (c) if
such remedies are not reasonably available, to require return of the Software
and/or Documentation including all copies thereof. You agree to indemnify and,
if request by Mitel, defend Mitel against any claim or action filed against
Mitel to the extent that it is based on a claim that Your design, integration,
specification, instruction, combination, connection, operation, or particular
use infringes a valid United States, Canadian, European, or Australian
intellectual property right.
5.2 Notwithstanding anything to the contrary contained in the Agreement,
including Section 5.1 above, neither Mitel (which for purposes of this Section
5.2 includes its affiliates, subsidiaries and related companies, and their
respective officers, directors, employees and agents) nor any of its suppliers
makes any warranty of non-infringement or otherwise, and Mitel and its
suppliers will have no obligation to defend or indemnify You for any claims,
demands, losses, damages, legal costs, or expenses made against or incurred by
You for infringement of any third party patent, including contributory
infringement and inducement to infringe, with respect to Your use of the
Software and any associated services where such claims of alleged infringement
arise from: (a) the sale or use of the Software pursuant to this Agreement or
the provision of any service provided by Mitel in combination with any product
or service not owned and developed by Mitel, including without limiting the
generality of the foregoing, the following: (i) call entitlement features
restricting access, or toll free access, to a call centre, or portion thereof,
on the basis of total duration, number or nature of previous calls; (ii)
credit card toll billing for call access; (iii) synthesized disconnect
signals; (iv) calling party assigned identification numbers, especially DTMF
entry of identification numbers; (v) recording history of caller DTMF
keystrokes; (vi) preventing menu repetition; and (vii) segregating calls made
to both 800 and 900 (or like) numbers and subsequently billing those calls
made to such number(s); (b) Your alteration or modification of the Software;
(c) Your failure to implement corrections or modifications provided by Mitel
if implementation would prevent the infringement; (d) Mitel’s implementation
of a software design provided by You; (e) connection or operation of the
Software with or in conjunction with hardware, software, or services not
provided or authorized by Mitel; or (f) Your noncompliance with the provisions
of Section 5.5.
5.3 Mitel will not be responsible for determining whether You require a
license to any third-party patents, or obtaining any such license on Your
behalf, or paying any fees relating to any such license.
5.4. THIS SECTION 5 STATES THE ENTIRE LIABILITY OF EITHER YOU OR MITEL
(AND ITS SUPPLIERS) FOR ANY INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS
COVERED UNDER THIS AGREEMENT.
5.5 Each party’s indemnity obligations are subject to the following: (i)
the indemnified party promptly notifying the indemnifier in writing of the
claim provided that any failure by the indemnified party to promptly notify
the indemnifying party will not relieve the indemnifying of its obligations
except to the extent that indemnifying party is materially prejudiced by the
delay; (ii) the defending party shall have sole control of the defense and all
related settlement negotiations with respect to the claim (provided that
except to the extent Mitel is defending a claim against itself, the defending
party may not settle any claim unless it unconditionally releases the
aggrieved party of all liability and obligation); and (iii) the indemnified
party, at the indemnifier’s cost, providing reasonable assist in the defense
of such claim. If Mitel has requested You to defend a claim, and at any time,
Mitel has a reasonable basis to believe that You cannot or may not be able to
fulfill Your obligations under this Section, then, without limiting Your
obligations under this Section, Mitel shall be entitled to provide You notice
to that it has decided to become the defending party, and thereafter to assume
control of the defense and/or settlement of any such claim. Once Mitel has
notified You that it will be seeking an indemnity, unless otherwise expressly
agreed in writing, all communications (including the notice) will be deemed
Mitel’s confidential information, which You may not disclose to any third
party, other than your legal advisors, without Mitel’s prior express written
permission, and in addition, all communications in respect of any such claim
shall be subject to common interest privilege.
Limited Warranties
6.1 Mitel warrants that: (a) for the Warranty Period, the Software, as
supplied by Mitel, if properly installed, will perform substantially in
conformance with the Documentation; and (b) if the media on which the Software
is stored is provided by Mitel, or an authorized distributer for Mitel, it
will be free from defects in material and workmanship under normal use and
service for a period of 90 days from delivery. Mitel does not warrant that the
Software will be uninterrupted or error-free or that defects will be
corrected.
6.2 In the event that during the Warranty Period the Software fails to
perform substantially in accordance with the Documentation and materially
affects service and/or prevents beneficial use of the Software, Mitel will use
commercially reasonable efforts to correct the problem within a reasonable
period of time. If Mitel is unable to resolve the problem, Mitel will in its
sole discretion, either: (a) replace the Software, (b) install a new release
of the Software when it becomes generally available, or (c) return the
Software to a prior release. The foregoing is Mitel’s entire liability and
Your sole and exclusive remedy under the above limited warranty.
6.3 The limited Software warranties provided to You under this Agreement
shall become void if one of the following occurs: (a) the Software is not used
properly in accordance with the Documentation or is otherwise abused, damaged,
or negligently serviced or maintained by anyone other than Mitel, (b)
maintenance is performed on the Software by anyone not authorized by Mitel,
(c) the Software is not properly installed, integrated or used in combination
with products that are not approved by Mitel, or (d) You breach a material
term of this Agreement.
6.4 The limited Software warranties provided under this Agreement are
subject to Mitel receiving timely written notice of any nonconformity with as
much specificity as is known and as soon as You become aware of such
nonconformity, but in any event prior to the expiration of the Warranty
Period. Mitel shall have the right to inspect and test the Software to
determine, in its reasonable opinion, whether the nonconformity is covered
under the Software warranty.
6.5 YOU ASSUME FULL RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE TO
ACHIEVE YOUR INTENDED PURPOSES, FOR THE PROPER INSTALLATION AND USE OF THE
SOFTWARE AND FOR VERIFYING THE RESULTS OBTAINED FROM USE OF THE SOFTWARE.
MITEL MAKES NO REPRESENTATION OR WARRANTY THAT THE SOFTWARE OR DOCUMENTATION
WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE
INTERRUPTION OR ERROR FREE.
6.6 TO THE FULL EXTENT PERMITTED BY LAW, MITEL AND ITS SUPPLIERS
EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, TERMS AND CONDITIONS, WHETHER ORAL OR
WRITTEN, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-
INFRINGEMENT AND THIS IS SO ACKNOWLEDGED BY YOU.
6.7 THE SOFTWARE IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE IN
HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE
OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS,
AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS IN WHICH
THE FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY,
SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
6.8 IMPORTANT NOTE: Nothing in this Agreement is intended to or shall be
construed as excluding or modifying any statutory rights, warranties or
conditions which may be applicable to this Agreement, the Software or
Documentation, and which by virtue of any national or state fair trade or
other consumer legislation may not be modified or excluded. To the extent such
legislation is applicable to Your license of the Software or is required by
such legislation, any required warranty is limited in duration to ninety (90)
days from the date of installation and Mitel and its suppliers’ liability for
any breach of any such warranty or condition shall be and is hereby limited to
either: (a) the replacement of such Software; or (b) the correction of any
defect in such Software or Documentation as Mitel, at its sole discretion, may
determine to be necessary to correct the defect. All limited warranties are
void if failure of the Software has resulted from Acts of God, accident,
abuse, misapplication or electrical surge or any other cause beyond Mitel’s
control.
6.9 Mitel does not warrant or represent that the Software is immune from
fraudulent or unauthorised intrusion or use (including its use to interconnect
to long distance networks, computer virus and/or other malicious code of
whatever nature). The Software has risks inherent to all software applications
and, as such to the extent permitted by law or Mitel’s contractual
obligations,Mitel disclaims and will not be liable for any loss, damage,
injury or nonperformance, cost or expense directly or indirectly occasioned
thereby.
6.10 You are advised that the operation of E-911, its equivalent or other
emergency service, requires accurate information contained in Your database,
network/zone maps, if applicable, or equivalent, which You are solely
responsible for creating and managing. Additionally, operation of the Software
may not be able to make calls to the appropriate emergency number, for example
911, in some locations. For the avoidance of doubt, Mitel as the licensor of
Software under the Agreement is the multi-line telephone system (MLTS)
manufacturer. Mitel is not the MLTS installer, manager, or operator under the
Agreement.
Limitations of Liability
7.1 IN NO EVENT WILL MITEL OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY LOSS
OF DATA, LOSS OF PROFITS OR SAVINGS, LOSS OF BUSINESS, LOSS OF REPUTATION OR
GOODWILL OR ANY ECONOMIC LOSS OR INDIRECT, INCIDENTAL, CONSEQUENTIAL,
PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH
THIS AGREEMENT, YOUR LICENSE, USE OR INABILITY TO USE THE SOFTWARE,
DOCUMENTATION, CUSTOMER DATA, OR THE BREACH OF ANY EXPRESS OR IMPLIED WARRANTY
OR CONDITION IN CONNECTION WITH THE SOFTWARE, DOCUMENTATION, AND THIS
AGREEMENT EVEN IF MITEL OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES AND REGARDLESS OF THE NATURE OF THE CAUSE OF ACTION OR THEORY
ASSERTED REGARDING SUCH DAMAGES.
7.2 Some jurisdictions do not allow limitation or exclusion of incidental
or consequential damages in certain circumstances involving certain types of
customer classes, so that the above limitation or exclusion may not apply to
You to the extent that liability is by law incapable of exclusion or
restriction.
7.3 IN NO EVENT SHALL MITEL’S TOTAL AGGREGATE LIABILITY, DIRECT OR
INDIRECT, ARISING FROM OR IN CONNECTION WITH THE SOFTWARE, DOCUMENTATION, OR
THIS AGREEMENT EXCEED THE LESSER OF: (i) LICENSE FEES PAID BY YOU FOR THE
SOFTWARE AND DOCUMENTATION; OR (ii) SERVICE FEES PAID IN THE TWELVE (12)
MONTHS PRIOR TO THE CLAIM FOR THE CLOUD/HOSTED APPLICATION, REGARDLESS OF THE
BASIS OF THE CLAIM FOR WHICH SUCH LIABILITY ARISES FROM.
7.4 To the extent permitted by applicable law, no action arising out of
this Agreement may be brought by You more than eighteen (18) months after the
cause of action has arisen.
7.5 The installation, configuration, and use of the Software may have
legal implications. Customer acknowledges and agrees that customer (and not
Mitel) is solely responsible to ensure its installation, configuration and use
of the Software including any features therein (e.g., call recording) is
compliant with all applicable law, rule and regulation. You agree to indemnify
and, if requested by Mitel, defend Mitel against any claim or action filed
against Mitel to the extent that it is based on your failure to comply with
all applicable laws, rules, and/or regulations.
Allocation of Risk
8.1 Provisions of this Agreement such as the warranty limitations, exclusive remedies, and limitations of liability are unrelated, independent allocations of risks between You and Mitel. Unenforceability of any such allocations shall not affect the enforceability of other such allocations. The fees paid by You for the Software reflects the allocations of risk contained in this Agreement.
Export Controls
9.1 You agree to comply fully with all relevant export laws and regulations of Canada, United States, and Europe and any other applicable export laws and regulations to ensure that the Software is not exported directly, or indirectly, in violation of such laws.
U.S. Government Restricted Rights
10.1 The U.S. Government accepts the Software and Documentation as commercial computer software and/or commercial computer software documentation in accordance with the license terms set forth in this Agreement, subject to the requirements of FAR 52.227-19 Commercial Computer Software-Restricted Rights (June 1987) or DFAR 227.7202-3 “Rights in commercial computer software or commercial computer software documentation, (effective 6/30/95). For uses with the U.S. Government, the Contractor/Manufacturer is Mitel Networks, Inc., 1146 N. Alma School Road, Mesa, Arizona 85201.
Entire Agreement, Governing Law and Venue, Data Collection
11.1 YOU AGREE THAT THIS AGREEMENT IS THE COMPLETE, FINAL AND EXCLUSIVE
STATEMENT OF THE AGREEMENT BETWEEN YOU AND MITEL AND SUPERSEDES ANY PROPOSAL
OR PRIOR AGREEMENT OR ANY OTHER COMMUNICATIONS RELATING TO THE USE OF THE
SOFTWARE AND SERVICES OR ANY OF THE DOCUMENTATION.
11.2 No amendment, modification or waiver of this Agreement will be
validunless set forth in a written instrument signed by both parties.
ThisAgreement shall be governed by, and construed in accordance with, the
lawsin force in the Province of Ontario, Canada, exclusive of its conflict of
lawsprovisions. In no event shall this Agreement be construed or enforced
underthe provisions of the United Nations Convention on Contracts for
theInternational Sale of Goods or the United Nations Convention on
theLimitation Period in the International Sale of Goods, the application of
whichare expressly excluded. Each of the parties acknowledges and hereby
submitsto the exclusive jurisdiction of the Courts located in the City of
Ottawa,Ontario, Canada. Mitel and its suppliers are deemed to be third
partybeneficiaries of this Agreement.
11.3 In the event of any conflict between the terms of this Agreement and
a separate agreement for the Software that You have signed with Mitel (the
“Executed Agreement”), the terms and provisions of the Executed Agreement will
govern.
11.4 Mitel may collect personal and non-personal data from Your use of
the Software and You hereby agree to the collection. By way of example, and
not intended to be limiting, non-personal data which may be collected by Mitel
include device type, usage metrics, OS version, crash/issue types and
counters, that helps improve the stability of the software. The collection of
personal and non-personal data is for Mitel’s internal purposes only and will
be used for quality improvement of hardware and software. The collected data
will not be disclosed or shared with any third parties, except in cases where
Mitel has engaged the services of third parties for the purpose of improvement
of the Software or development of new software, and Mitel agrees to include
provisions for the protection of the collected data.
Authorized Mitel Dealer Sublicense Requirement
12.1 To the extent that this Software is first utilized, and/or configured or programmed by an authorized Mitel dealer, distributor, or system integrator and not an end user customer, then the dealer, distributor or system integrator understands and agrees that it has the duty to obtain an acceptable sub-license from the end user or notify the end user of the terms of this Agreement prior to end user’s use of the Software.
Miscellaneous Provisions
13.1 To the extent that any portion or provision of this Agreement is
found by any court or competent authority to be invalid, unlawful, or
unenforceable in any jurisdiction, that portion or provision shall be deemed
not to be a part of this Agreement, it shall not affect the enforceability of
the remainder of this Agreement nor shall it affect the validity, lawfulness
or enforceability of that portion or provision in any other jurisdiction.
13.2 This Agreement is personal to You and You may not assign your rights
or delegate Your duties under the Agreement either in whole or in part without
Mitel’s prior written consent. Mitel may assign its rights and duties at any
time for any reason. The Agreement will bind and inure to the benefit of each
party’s successors and permitted assigns. ”
13.3 The terms, conditions, and warranties contained in this Agreement
that by their sense and context are intended to survive the performance hereof
shall so survive the completion of performance, cancellation, or termination
of this Agreement. Without limiting the generality of the foregoing, the
parties agree that any limitations of liability, exclusions, and disclaimers
of warranties and indemnification obligations are essential to the parties’
entering into this Agreement and will survive the termination of the Agreement
and will apply even if the Agreement is found to have failed of its essential
purpose.
13.4 Except as otherwise set out in this Agreement, any notice provided
hereunder shall be in writing and delivered by hand, registered mail or
courier, or email to the Mitel address set out above and will be effective and
deemed delivered upon receipt. Notwithstanding the foregoing, Mitel may send
you notice by electronic means, such as .pdf email, which shall be deemed
delivered on the business day following the day on which it was sent.
Copyright © 2023, Mitel Networks Corp. All Rights Reserved.
ICW v10.0 – Software EULA
23JAN2023
2023 v1
References
Read User Manual Online (PDF format)
Read User Manual Online (PDF format) >>