CAREFULLY READ THE FOLLOWING AGREEMENT. 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.
"Agreement" means this End User License Agreement.
"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 MLN UK HOLDCO LIMITED, on its own behalf and on behalf of its subsidiaries, divisions, affiliates and/or other authorized entities, 56 Conduit Street, London W1S 2YZ; 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 MITEL TALKIFY℠™ APPLICATION v1 or higher, all setup, installation, and configuration software, together with any related software, such as integration software applications, (i) 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) accessing 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.