AVAYA SOFTWARE DEVELOPMENT KIT LICENSE AGREEMENT 

REVISED: October 14, 2019 

READ THIS CAREFULLY BEFORE ELECTRONICALLY ACCESSING OR USING THIS PROPRIETARY 
PRODUCT! 

THIS IS A LEGAL AGREEMENT (“AGREEMENT”) BETWEEN YOU, INDIVIDUALLY, AND/OR THE 
LEGAL ENTITY FOR WHOM YOU ARE OPENING, INSTALLING, DOWNLOADING, COPYING OR 
OTHERWISE USING THE AVAYA SOFTWARE DEVELOPMENT KIT (“SDK”) (COLLECTIVELY, AS 
REFERENCED HEREIN, “YOU”, “YOUR”, OR “LICENSEE”) AND AVAYA INC. OR ANY AVAYA 
AFFILIATE (COLLECTIVELY, “AVAYA”). IF YOU ARE ACCEPTING THE TERMS AND CONDITIONS OF 
THIS AGREEMENT ON BEHALF OF A LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU 
HAVE FULL LEGAL AUTHORITY TO ACCEPT ON BEHALF OF AND BIND SUCH LEGAL ENTITY TO THIS 
AGREEMENT. BY OPENING THE MEDIA CONTAINER, BY INSTALLING, DOWNLOADING, COPYING 
OR OTHERWISE USING THE AVAYA SOFTWARE DEVELOPMENT KIT (“SDK”) OR AUTHORIZING 
OTHERS TO DO SO, YOU SIGNIFY THAT YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF 
THIS AGREEMENT. IF YOU DO NOT HAVE SUCH AUTHORITY OR DO NOT WISH TO BE BOUND BY 
THE TERMS OF THIS AGREEMENT, SELECT THE "DECLINE" BUTTON AT THE END OF THE TERMS OF 
THIS AGREEMENT OR THE EQUIVALENT OPTION AND YOU SHALL HAVE NO RIGHT TO USE THE 
SDK. 

1.0 DEFINITIONS. 
1.1 “Affiliates” means any entity that is directly or indirectly controlling, controlled by, or under common control with 
Avaya Inc. For purposes of this definition, “control” means the power to direct the management and policies of such 
party, directly or indirectly, whether through ownership of voting securities, by contract or otherwise; and the terms 
“controlling” and “controlled” have meanings correlative to the foregoing. 
1.2 “Avaya Software Development Kit” or “SDK” means Avaya technology, which may include Software, Client 
Libraries, Specification Documents, Software libraries, application programming interfaces (“API”), Software tools, 
Sample Application Code and Documentation. 
1.3 “Client Libraries” mean any enabler code specifically designated as such and included in a SDK. Client Libraries 
may also be referred to as “DLLs”, and represent elements of the SDK required at runtime to communicate with Avaya 
products or other SDK elements. 
1.4 “Change In Control” shall be deemed to have occurred if any person, entity or group comes to own or control, 
directly or indirectly, beneficially or of record, voting securities (or any other form of controlling interest) which 
represent more than fifty percent (50%) of the total voting power of the Licensee. 
1.5 “Derivative Work(s)” means any translation (including translation into other computer languages), port, compiling 
of Source Code into object code, combination with a pre-existing work, modification, correction, addition, extension, 
upgrade, improvement, compilation, abridgment or other form in which an existing work may be recast, transformed 
or adapted or which would otherwise constitute a derivative work under the United States Copyright Act. Permitted 
Modifications will be considered Derivative Works. 
Avaya Software Development Kit License Terms (10/14/2019) 

© 2016-2019 Avaya Inc. All rights reserved. Avaya and the Avaya Logo are trademarks of Avaya Inc. and may be registered in certain jurisdictions. All trademarks identified by the ® or TM are 

registered trademarks, service marks or trademarks, respectively, of Avaya Inc. All other trademarks are the property of their respective owners. 


1.6 “Documentation” includes programmer guides, CDs, manuals, materials, and information appropriate or necessary 
for use in connection with the SDK. Documentation may be provided in machine-readable, electronic or hard copy 
form. 
1.7 “Intellectual Property” means any and all: (i) rights associated with works of authorship throughout the world, 
including copyrights, neighboring rights, moral rights, and mask works, (ii) trademark and trade name rights and 
similar rights, (iii) trade secret rights, (iv) patents, algorithms, designs and other industrial property rights, (v) all other 
intellectual and industrial property rights (of every kind and nature throughout the world and however designated) 
whether arising by operation of law, contract, license, or otherwise, and (vi) all registrations, initial applications, 
renewals, extensions, continuations, divisions or reissues thereof now or hereafter in force (including any rights in any 
of the foregoing). 
1.8 “Permitted Modification(s)” means Licensee’s modifications of the Sample Application Code as needed to 
create applications, interfaces, workflows or processes for use with Avaya products. 
1.9 “Specification Document” means any notes or similar instructions in hard copy or machine readable form, 
including any technical, interface and/or interoperability specifications that define the requirements and conditions for 
connection to and/or interoperability with Avaya products, systems and solutions. 
1.10 “Source Code” means human readable or high-level statement version of software written in the source language 
used by programmers and includes one or more programs. Source Code programs may include one or more files, such 
as user interface markup language (.mxml), action script (.as), precompiled Flash code (.swc), java script (.js), 
hypertext markup language (.html), active server pages (.asp), C# or C# .Net source code (.cs), java source code 
(.java), java server pages (.jsp), java archives (.jar), graphic interchange format (.gif), cascading style sheet (.css), 
audio files (.wav) and extensible markup language (.xml) files. 
1.11 “Sample Application Code” means Software provided for the purposes of demonstrating functionality of an 
Avaya product through the Avaya Software Development Kit. 
1.12 “Software” means data or information constituting one or more computer or apparatus programs, including 
Source Code or in machine-readable, compiled object code form. 
2.0 LICENSE GRANT. 
2.1 SDK License. 
A. Provided Licensee pays to Avaya the applicable license fee (if any), Avaya hereby grants Licensee a limited, 
non-exclusive, non-transferable license (without the right to sublicense, except as set forth in 2.1B(iii)) under 
the Intellectual Property of Avaya and, if applicable, its licensors and suppliers to (i) use the SDK solely for the 
purpose of Licensee's internal development efforts to develop applications, interfaces, value-added services 
and/or solutions, workflows or processes to work in conjunction with Avaya products; (ii) to package Client 
Libraries for redistribution with Licensee’s complementary applications that have been developed using this 
SDK, subject to the terms and conditions set forth here and in Schedule 2 (if any); (iii) use Specification 
Documents solely to enable Licensee’s products, services and application solutions to exchange messages and 
signals with Avaya products, systems and solutions to which the Specification Document(s) apply; (iv) modify 
and create Derivative Works of the Sample Application Code, Specification Documents and Documentation 
solely for internal development of applications, interfaces, workflows or processes for use with Avaya products, 
integration of such applications, interfaces, workflows and processes with Avaya products and interoperability 
testing of the foregoing with Avaya products; and (v) compile or otherwise prepare for distribution the Sample 
Application Code with Permitted Modifications, into an object code or other machine-readable program format 
for distribution and distribute the same subject to the conditions set forth in Section 2.1B. 
B. The foregoing license to use Sample Application Code is contingent upon the following: (i) Licensee must 
ensure that the modifications made to the Sample Application Code as permitted in clause (iv) of Section 2.1A 
Avaya Software Development Kit License Terms (10/14/2019) 

© 2016-2019 Avaya Inc. All rights reserved. Avaya and the Avaya Logo are trademarks of Avaya Inc. and may be registered in certain jurisdictions. All trademarks identified by the ® or TM are 

registered trademarks, service marks or trademarks, respectively, of Avaya Inc. All other trademarks are the property of their respective owners. 


are compatible and/or interoperable with Avaya products and/or integrated therewith, (ii) Licensee may 
distribute the Sample Application Code with Permitted Modifications, provided that such distribution is subject 
to an end user pursuant to Licensee’s current end user license agreement (“Licensee EULA”) that is consistent 
with the terms of this Agreement (including terms in Schedule 2 (if any)) , and is equally as protective as 
Licensee’s standard software license terms, but in no event shall the standard of care be less than a reasonable 
degree of care, and (iii) Licensee ensures that each end user who receives Client Libraries or Sample Application 
Code with Permitted Modifications has all necessary licenses for all underlying Avaya products associated with 
such Client Libraries or Sample Application Code. 

C. Licensee acknowledges and agrees that it is licensed to use the SDK only in connection with Avaya products 
(and if applicable, in connection with services provided by or on behalf of Avaya). 
D. With respect to Software that contains elements provided by third party suppliers, Licensee may install and 
use the Software in accordance with the terms and conditions of the applicable license agreements, such as 
“shrinkwrap” or “click-through” licenses, accompanying or applicable to the Software. 
2.2 No Standalone Product. Nothing in this Agreement authorizes or grants Licensee any rights to distribute or 
otherwise make available to a third party the SDK, in whole or in part, or any Derivative Work in source or object 
code format on a standalone basis other than the modifications permitted in Section 2.1B of this Agreement. 
2.3 Proprietary Notices. Licensee shall not remove any copyright, trade mark or other proprietary notices incorporated 
in the copies of the SDK, Sample Application Code and redistributable files in Licensee’s possession or control or 
any modifications thereto. Redistributions in binary form or other suitable program format for distribution, to the 
extent expressly permitted, must also reproduce Avaya’s copyright, trademarks or other proprietary notices as 
incorporated in the SDK in any associated Documentation or “splash screens” that display Licensee copyright notices. 
2.4 Third-Party Components. You acknowledge certain software programs or portions thereof included in the SDK 
may contain software distributed under third party agreements (“Third Party Components”), which may contain terms 
that expand or limit rights to use certain portions of the SDK (“Third Party Terms”). Information identifying the 
copyright holders of the Third Party Components and the Third Party Terms that apply is available in the attached 
Schedule 1 (if any), SDK, Documentation, or on Avaya’s web site at: http://support.avaya.com/Copyright (or such 
successor site as designated by Avaya). The open source software license terms provided as Third Party Terms are 
consistent with the license rights granted in this Agreement, and may contain additional rights benefiting You, such 
as modification and distribution of the open source software. The Third Party Terms shall take precedence over this 
Agreement, solely with respect to the applicable Third Party Components, to the extent that this Agreement imposes 
greater restrictions on You than the applicable Third Party Terms. Licensee is solely responsible for procuring any 
necessary licenses for Third Party Components, including payment of licensing royalties or other amounts to third 
parties, for the use thereof. 
2.5 Copies of SDK. Licensee may copy the SDK only as necessary to exercise its rights hereunder. 
2.6a No Reverse Engineering. Licensee shall have no rights to any Source Code for any of the software in the SDK, 
except for the explicit rights to use the Source Code as provided to Licensee hereunder. Licensee agrees that it shall 
not cause or permit the disassembly, decompilation or reverse engineering of the Software. Notwithstanding the 
foregoing, if the SDK is rightfully located in a member state of the European Union and Licensee needs information 
about the Software in the SDK in order to achieve interoperability of an independently created software program with 
the Software in the SDK, Licensee will first request such information from Avaya. Avaya may charge Licensee a 
reasonable fee for the provision of such information. If Avaya refuses to make such information available, then 
Licensee may take steps, such as reverse assembly or reverse compilation, to the extent necessary solely in order to 
achieve interoperability of the Software in the SDK with an independently created software program. To the extent 
that the Licensee is expressly permitted by applicable mandatory law to undertake any of the activities listed in this 
section, Licensee will not exercise those rights until Licensee has given Avaya twenty (20) days written notice of its 
intent to exercise any such rights. 

Avaya Software Development Kit License Terms (10/14/2019) 

© 2016-2019 Avaya Inc. All rights reserved. Avaya and the Avaya Logo are trademarks of Avaya Inc. and may be registered in certain jurisdictions. All trademarks identified by the ® or TM are 

registered trademarks, service marks or trademarks, respectively, of Avaya Inc. All other trademarks are the property of their respective owners. 


2.6.b License Restrictions. To the extent permissible under applicable law, Licensee agrees not to: (i) publish, sell, 
sublicense, lease, rent, loan, assign, convey or otherwise transfer the SDK; (ii) distribute, disclose or allow use the 
SDK, in any format, through any timesharing service, service bureau, network or by any other means; (iii) distribute 
or otherwise use the Software in the SDK in any manner that causes any portion of the Software that is not already 
subject to an OSS License to become subject to the terms of any OSS License; (iv) link the Source Code for any of 
the software in the SDK with any software licensed under the Affero General Public License (Affero GPL) v.3 or 
similar licenses; (v) access information that is solely available to root administrators of the Avaya products, systems, 
and solutions; (vi) develop a Snap-in that causes adverse effects to Avaya and third-party products, services, solutions, 
such as, but not limited to, poor performance, software crashes and cessation of their proper functions; and (vii) 
develop a Snap-in that blocks or delays emergency calls; (viii) emulate an Avaya SIP endpoint by form or user 
interface design confusingly similar as an Avaya product ; (ix) reverse engineer Avaya SIP protocol messages; or (ix) 
permit or encourage any third party to do any of (i) through (ix), inclusive, above. 
2.7 Responsibility for Development Tools. Licensee acknowledges that effective utilization of the SDK may require 
the use of a development tool, compiler and other software and technology of third parties, which may be incorporated 
in the SDK pursuant to Section 2.4. Licensee is solely responsible for procuring such third party software and 
technology and the necessary licenses, including payment of licensing royalties or other amounts to third parties, for 
the use thereof. 
2.8 U.S. Government End Users. The SDK shall be classified as "commercial computer software" and the 
Documentation is classified as "commercial computer software documentation" or "commercial items," pursuant to 
FAR 12.212 or DFAR 227.7202, as applicable. Any use, modification, reproduction, release, performance, display or 
disclosure of the SDK or Documentation by the Government of the United States shall be governed solely by the terms 
of the Agreement and shall be prohibited except to the extent expressly permitted by the terms of the Agreement. 
2.9 Limitation of Rights. No right is granted to Licensee to sublicense its rights hereunder. All rights not expressly 
granted are reserved by Avaya or its licensors or suppliers and, except as expressly set forth herein, no license is 
granted by Avaya or its licensors or suppliers under this Agreement directly, by implication, estoppel or otherwise, 
under any Intellectual Property right of Avaya or its licensors or suppliers. Nothing herein shall be deemed to authorize 
Licensee to use Avaya's trademarks or trade names in Licensee's advertising, marketing, promotional, sales or related 
materials. 
2.10 Independent Development. 
2.10.1 Licensee understands and agrees that Avaya, Affiliates, or Avaya’s licensees or suppliers may acquire, license, 
develop for itself or have others develop for it, and market and/or distribute applications, interfaces, value-added 
services and/or solutions, workflows or processes similar to that which Licensee may develop. Nothing in this 
Agreement shall restrict or limit the rights of Avaya, Affiliates, or Avaya’s licensees or suppliers to commence or 
continue with the development or distribution of such applications, interfaces, value-added services and/or solutions, 
workflows or processes. 
2.10.2 Nonassertion by Licensee. Licensee agrees not to assert any Intellectual Property related to the SDK or 
applications, interfaces, value-added services and/or solutions, workflows or processes developed using the SDK 
against Avaya, Affiliates, Avaya’s licensors or suppliers, distributors, customers, or other licensees of the SDK. 
2.11 Feedback and Support. Licensee agrees to provide any information, comments, problem reports, enhancement 
requests and suggestions regarding the performance of the SDK (collectively, “Feedback”) via any public or private 
support mechanism, forum or process otherwise indicated by Avaya. Avaya monitors applicable mechanisms, forums, 
or processes but is under no obligation to implement any of Feedback, or be required to respond to any questions 
asked via the applicable mechanism, forum, or process. Licensee hereby assigns to Avaya all right, title, and interest 
in and to Feedback provided to Avaya. 
2.12(a) Fees and Taxes. To the extent that fees are associated with the license of the SDK, Licensee agrees to pay to 
Avaya or pay directly to the applicable government or taxing authority, if requested by Avaya, all taxes and charges, 

Avaya Software Development Kit License Terms (10/14/2019) 

© 2016-2019 Avaya Inc. All rights reserved. Avaya and the Avaya Logo are trademarks of Avaya Inc. and may be registered in certain jurisdictions. All trademarks identified by the ® or TM are 

registered trademarks, service marks or trademarks, respectively, of Avaya Inc. All other trademarks are the property of their respective owners. 


including without limitation, penalties and interest, which may be imposed by any federal, state or local governmental 
or taxing authority arising hereunder excluding, however, all taxes computed upon Avaya’s net income. If You move 
any Software, including the SDK, and as a result of such move, a jurisdiction imposes a duty, tax, levy or fee (including 
withholding taxes, fees, customs or other duties for the import and export of any such Software), then You are solely 
liable for, and agree to pay, any such duty, taxes, levy or other fees. 

2.12(b) Audit. Avaya shall have the right, at its cost and expense, to inspect and/or audit (i) by remote polling or other 
reasonable electronic means at any time and (ii) in person during normal business hours and with reasonable notice 
Licensee’s books, records, and accounts, to determine Licensee’s compliance with this Agreement. In the event such 
inspection or audit uncovers non-compliance with this Agreement, then without prejudice to Avaya’s termination 
rights hereunder, Licensee shall promptly pay Avaya any applicable license fees. Licensee agrees to keep a current 
record of the location of the SDK. 

2.13 No Endorsement. Neither the name Avaya, Affiliates nor the names of contributors may be used to endorse or 
promote products derived from the Avaya SDK without specific prior written permission from Avaya. 
2.14 High Risk Activities. The Avaya SDK is not fault-tolerant, and is not designed, manufactured or intended for 
use or resale as on-line control equipment or in hazardous environments requiring failsafe performance, such as in the 
operation of nuclear facilities, aircraft navigation or aircraft communications systems, mass transit, air traffic control, 
medical or direct life support machines, dedicated emergency call handling systems or weapons systems, in which the 
failure of the Avaya SDK could lead directly to death, personal injury, or severe physical or environmental damage 
("high risk activities"). If Licensee uses the Avaya SDK for high risk activities, Licensee does so at Licensee’s own 
risk and Licensee assumes all responsibility and liability for such use to the maximum extent such limitation or 
exclusion is permitted by applicable law. Licensee agrees that Avaya and its suppliers will not be liable for any claims 
or damages arising from or related to use of the Avaya SDK for high risk activities to the maximum extent such 
limitation or exclusion is permitted by law. 
2.15 No Virus. Licensee warrants that (i) the applications, interfaces, value-added services and/or solutions, 
workflows or processes Licensee develops using this SDK will not contain any computer program file that includes 
time code limitations, disabling devices, or any other mechanism which will prevent the Avaya product (including 
other software, firmware, hardware), services and networks from being functional at all times (collectively “Time 
Bombs”); and (ii) the applications, interfaces, value-added services and/or solutions, workflows or processes Licensee 
develops using this SDK will be free of computer viruses, malicious or other harmful code, black boxes, malware, 
trapdoors, and other mechanisms which could: a) damage, destroy or adversely affect Avaya product, or services 
and/or end users; b) allow remote/hidden attacks or access through unauthorized computerized command and control; 
c) spy (network sniffers, keyloggers), and d) damage or erase such applications, interfaces, value-added services and/or 
solutions, workflows or processes developed using this SDK or data, or any computer files or systems of Avaya, 
Affiliates, and/or end users (collectively “Virus”). In addition to any other remedies permitted in the Agreement, if 
Licensee breaches its warranties under this Section, Licensee will, at its expense, take remedial action to eliminate 
any Time Bombs and/or Viruses and prevent re-occurrence (including implementing appropriate processes to prevent 
further occurrences) as well as provide prompt, reasonable assistance to Avaya to materially reduce the effects of the 
Time Bomb and/or Virus. 
2.16 Disclaimer. Any software security feature is not a guaranty against malicious code, deleterious routines, and other 
techniques and tools employed by computer “hackers” and other third parties to create security exposures. 
Compromised passwords represent a major security risk. Avaya encourages You to create strong passwords using 
three different character types, change Your password regularly and refrain from using the same password regularly. 
You must treat such information as confidential. You agree to notify Avaya immediately upon becoming aware of any 
unauthorized use or breach of Your user name, password, account, API Key, or other credentials as provided by Avaya 
for use of the SDK, or subscription. You are responsible for ensuring that Your networks and systems are adequately 
Avaya Software Development Kit License Terms (10/14/2019) 

© 2016-2019 Avaya Inc. All rights reserved. Avaya and the Avaya Logo are trademarks of Avaya Inc. and may be registered in certain jurisdictions. All trademarks identified by the ® or TM are 

registered trademarks, service marks or trademarks, respectively, of Avaya Inc. All other trademarks are the property of their respective owners. 


secured against unauthorized intrusion or attack and regularly back up of Your data and files in accordance with good 
computing practices. 

2.17 Third Party Licensed Software 
A. “Commercial Third Party Licensed Software” is software developed by a business with the purpose of 
making money from the use of that licensed software. “Freeware Licensed Software” is software which is made 
available for use, free of charge and for an unlimited time, but is not Open Source Licensed Software. “Open 
Source Software" or "OSS" is as defined by the Open Source Initiative (“OSI”) https://opensource.org/osd and 
is software licensed under an OSI approved license as set forth at https://opensource.org/licenses/alphabetical 
(or such successor site as designated by OSI). These are collectively referred to herein as “Third Party Licensed 
Software”. 
B. Licensee represents and warrants that Licensee, including any employee, contractor, subcontractor, or 
consultant engaged by Licensee, is to the Licensee’s knowledge, in compliance and will continue to comply 
with all license obligations for Third Party Licensed Software used in the Licensee application created using the 
SDK including providing to end users all information required by such licenses as may be necessary. 
LICENSEE REPRESENTS AND WARRANTS THAT, TO THE LICENSEE’S KNOWLEDGE, THE OPEN 
SOURCE LICENSED SOFTWARE EMBEDDED IN OR PROVIDED WITH LICENSEE APPLICATION OR 
SERVICES DOES NOT INCLUDE ANY OPEN SOURCE LICENSED SOFTWARE CONTAINING TERMS 
REQUIRING ANY INTELLECTUAL PROPERTY OWNED OR LICENSED BY AVAYA OR END USERS 
TO BE (A) DISCLOSED OR DISTRIBUTED IN SOURCE CODE OR OBJECT CODE FORM; (B) 
LICENSED FOR THE PURPOSE OF MAKING DERIVATIVE WORKS; OR (C) REDISTRIBUTABLE ON 
TERMS AND CONDITION NOT AGREED UPON BY AVAYA OR END USERS. 
C. Subject to any confidentiality obligations, trade secret or other rights or claims of Licensee suppliers, 
Licensee will respond to requests from Avaya or end users relating to Third Party Licensed Software associated 
with Licensee's use of Third Party Licensed Software. Licensee will cooperate in good faith by furnishing the 
relevant information to Avaya or end users and the requester within two (2) weeks from the time Avaya or end 
user provided the request to Licensee. 
3. OWNERSHIP. 
3.1 As between Avaya and Licensee, Avaya or its licensors or suppliers shall own and retain all Intellectual Property 
rights, in and to the SDK and any corrections, bug fixes, enhancements, updates, improvements, or modifications 
thereto and Licensee hereby irrevocably transfers, conveys and assigns to Avaya, its licensors and its suppliers all of 
its right, title, and interest therein. Avaya or its licensors or suppliers shall have the exclusive right to apply for or 
register any patents, mask work rights, copyrights, and such other proprietary protections with respect thereto. 
Licensee acknowledges that the license granted under this Agreement does not provide Licensee with title or 
ownership to the SDK, but only a right of limited use under the terms and conditions of this Agreement. 
3.2 Grant Back License to Avaya. Licensee hereby grants to Avaya an irrevocable, perpetual, non-exclusive, 
sublicensable, royalty-free, fully paid up, worldwide license under any and all of Licensee's Intellectual Property rights 
related to any Permitted Modifications, to (i) use, make, sell, execute, adapt, translate, reproduce, display, perform, 
prepare derivative works based upon, distribute (internally and externally) and sublicense the Permitted Modifications 
and their derivative works, and (ii) sublicense others to do any, some, or all of the foregoing. 
4.0 SUPPORT. 
4.1 No Avaya Support. Avaya will not provide any support for the SDK provided under this Agreement or for any 
Derivative Works, including, without limitation, modifications to the Source Code or applications built by Licensee 
Avaya Software Development Kit License Terms (10/14/2019) 

© 2016-2019 Avaya Inc. All rights reserved. Avaya and the Avaya Logo are trademarks of Avaya Inc. and may be registered in certain jurisdictions. All trademarks identified by the ® or TM are 

registered trademarks, service marks or trademarks, respectively, of Avaya Inc. All other trademarks are the property of their respective owners. 


using the SDK. Avaya shall have no obligation to provide support for the use of the SDK, or Licensee's application, 
services or solutions which may or may not include redistributable Client Libraries or Sample Application Code, to 
any third party to whom Licensee delivers such applications, services or solutions. Avaya further will not provide 
fixes, patches or repairs for any defects that might exist in the SDK or the Sample Application Code provided under 
this Agreement. In the event that Licensee desires support services for the SDK, and, provided that Avaya offers such 
support services (in its sole discretion), Licensee will be required to enter into an Avaya DevConnect Program 
Agreement or other support agreement with Avaya. 

4.2 Licensee Obligations. Licensee acknowledges and agrees that it is solely responsible for developing and supporting 
any applications, interfaces, value-added services and/or solutions, workflows or processes developed under this 
Agreement, including but not limited to (i) developing, testing and deploying such applications, interfaces, valueadded 
services and/or solutions, workflows or processes; (ii) configuring such applications, interfaces, value-added 
services and/or solutions, workflows or processes to interface and communicate properly with Avaya products; and 
(iii) updating and maintaining such applications, interfaces, value-added services and/or solutions, workflows or 
processes as necessary for continued use with the same or different versions of end user and/or third party licensor 
products, and Avaya products. 
5.0 CONFIDENTIALITY. 
5.1 Protection of Confidential Information. Licensee acknowledges and agrees that the SDK and any other Avaya 
technical information obtained by it under this Agreement (collectively, “Confidential Information”) is confidential 
information of Avaya. Licensee shall take all reasonable measures to maintain the confidentiality of the Confidential 
Information. Licensee further agrees at all times to protect and preserve the SDK in strict confidence in perpetuity, 
and shall not use such Confidential Information other than as expressly authorized by Avaya under this Agreement, 
nor shall Licensee disclose any Confidential Information to third parties without Avaya's written consent. Licensee 
further agrees to immediately 1) cease all use of all Confidential Information (including copies thereof) in Licensee's 
possession, custody, or control; 2) stop reproducing or distributing the Confidential Information; and 3) destroy the 
Confidential Information in Licensee’s possession or under its control, including Confidential Information on its 
computers, disks, and other digital storage devices upon termination of this Agreement at any time and for any reason. 
Upon request, Licensee will certify in writing its compliance with this Section. The obligations of confidentiality shall 
not apply to information which (a) has entered the public domain except where such entry is the result of Licensee's 
breach of this Agreement; (b) prior to disclosure hereunder was already rightfully in Licensee's possession; (c) 
subsequent to disclosure hereunder is obtained by Licensee on a non-confidential basis from a third party who has the 
right to disclose such information to the Licensee; (d) is required to be disclosed pursuant to a court order, so long as 
Avaya is given adequate notice and the ability to challenge such required disclosure. 
5.2 Press Releases. Any press release or publication regarding this Agreement is subject to prior written approval of 
Avaya. 
6.0 NO WARRANTY. 
The SDK and Documentation are provided “AS-IS” without any warranty whatsoever. AVAYA SPECIFICALLY 
AND EXPRESSLY DISCLAIMS ANY WARRANTIES OR CONDITIONS, STATUTORY OR OTHERWISE, 
INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR 
PURPOSE, NONINFRINGEMENT AND SATISFACTORY QUALITY. AVAYA DOES NOT WARRANT THAT 
THE SDK AND DOCUMENTATION ARE SUITABLE FOR LICENSEE'S USE, THAT THE SDK OR 
DOCUMENTATION ARE WITHOUT DEFECT OR ERROR, THAT OPERATION WILL BE UNINTERRUPTED, 
OR THAT DEFECTS WILL BE CORRECTED. FURTHER, AVAYA MAKES NO WARRANTY REGARDING 
THE RESULTS OF THE USE OF THE SDK AND DOCUMENTATION. NEITHER AVAYA NOR ITS 
SUPPLIERS MAKE ANY WARRANTY, EXPRESS OR IMPLIED, THAT THE SDK OR DOCUMENTATION IS 
SECURE, SECURITY THREATS AND VULNERABILITIES WILL BE DETECTED OR SOFTWARE WILL 
RENDER AN END USER’S OR LICENSEE’S NETWORK OR PARTICULAR NETWORK ELEMENTS SAFE 
FROM INTRUSIONS AND OTHER SECURITY BREACHES. 

Avaya Software Development Kit License Terms (10/14/2019) 

© 2016-2019 Avaya Inc. All rights reserved. Avaya and the Avaya Logo are trademarks of Avaya Inc. and may be registered in certain jurisdictions. All trademarks identified by the ® or TM are 

registered trademarks, service marks or trademarks, respectively, of Avaya Inc. All other trademarks are the property of their respective owners. 


7.0 CONSEQUENTIAL DAMAGES WAIVER. 
EXCEPT FOR PERSONAL INJURY CLAIMS, AVAYA SHALL NOT BE LIABLE FOR ANY INCIDENTAL, 
INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH, ARISING OUT OF OR 
RELATING TO THIS AGREEMENT OR USE OF THE SDK, OR FOR THE LOSS OR CORRUPTION OF DATA, 
INFORMATION OF ANY KIND, BUSINESS, PROFITS, OR OTHER COMMERCIAL LOSS, HOWEVER 
CAUSED, AND WHETHER OR NOT AVAYA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH 
DAMAGE. 

8.0 LIMITATION OF LIABILITY. 
EXCEPT FOR PERSONAL INJURY CLAIMS, IN NO EVENT SHALL AVAYA'S TOTAL LIABILITY TO 
LICENSEE IN CONNECTION WITH, ARISING OUT OF OR RELATING TO THIS AGREEMENT EXCEED 
FIVE HUNDRED DOLLARS ($500). THE PARTIES AGREE THAT THE LIMITATIONS SPECIFIED IN THIS 
SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY PROVIDED IN THIS AGREEMENT IS FOUND 
TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. 

9.0 INDEMNIFICATION. 
Licensee shall indemnify and hold harmless Avaya, Affiliates and their respective officers, directors, agents, suppliers, 
customers and employees “Indemnified Parties”) from and against all claims, demand, suit, actions or proceedings 
(“Claims”) and damages, losses, liabilities, costs, expenses, and fees (including fees of attorneys and other 
professionals) (“Damages”) based upon an allegation pertaining to wrongful use, misappropriation, or infringement 
of a third party’s Intellectual Property right arising from or relating to Licensee’s use of the SDK, alone or in 
combination with other software, such as operating systems and codecs, and the, direct or indirect, use, distribution or 
sale of any software, Derivative Works or other products (including but not limited to applications, interfaces, and 
application programming interfaces) developed utilizing the SDK. 

Licensee shall defend, indemnify and hold harmless the Indemnified Parties from and against all Claims and Damages 
arising out of or related to: (i) personal injury (including death); (ii) damage to any person or tangible property caused, 
or alleged to be caused by Licensee or Licensee’s application created by using the SDK; (iii) the failure by Licensee 
or Licensee’s application created by using the SDK to comply with the terms of this Agreement or any applicable 
laws; (iv) the breach of any representation, or warranty made by Licensee herein; (v) Licensee’s breach of any 
obligation under the Licensee EULA (as defined in Schedule 2) or Licensee Privacy Policy (as defined in Schedule 
2). 

10.0 TERM AND TERMINATION. 
10.1 This Agreement will continue through December 31st of the current calendar year. The Agreement will 
automatically renew for one (1) year terms, unless terminated as specified in Section 10.2 or 10.3 below. 
10.2 Either party shall have the right to terminate the Agreement, upon thirty (30) days written notice to the other 
party. 
10.3 Notwithstanding language to the contrary, Avaya may terminate this Agreement immediately, upon written notice 
to Licensee for breach of Section 2 (License Grant), Section 5 (Confidentiality) or Section 12 (Compliance with Laws). 
Avaya may also terminate this Agreement immediately by giving written notice if a Change In Control should occur 
or if Licensee becomes insolvent, or voluntary or involuntary proceedings by or against Licensee are instituted in 
bankruptcy or under any insolvency law, or a receiver or custodian is appointed for Licensee, or proceedings are 
instituted by or against Licensee for corporate reorganization or the dissolution of Licensee, which proceedings, if 
involuntary, have not been dismissed within thirty (30) days after the date of filing, or Licensee makes an assignment 
for the benefit of its creditors, or substantially all of the assets of Licensee are seized or attached and not released 
within sixty (60) days thereafter, or if Licensee has ceased or threatened to cease to do business in the regular course. 
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© 2016-2019 Avaya Inc. All rights reserved. Avaya and the Avaya Logo are trademarks of Avaya Inc. and may be registered in certain jurisdictions. All trademarks identified by the ® or TM are 

registered trademarks, service marks or trademarks, respectively, of Avaya Inc. All other trademarks are the property of their respective owners. 


10.4 Upon termination or earlier termination of this Agreement, Licensee will immediately cease a) all uses of the 
Confidential Information; b) Licensee agrees to destroy all adaptations or copies of the Confidential Information stored 
in any tangible medium including any document or work containing or derived (in whole or in part) from the 
Confidential Information, and certify its destruction to Avaya upon termination of this License. Licensee will 
promptly cease use of, distribution and sales of Licensee products that embody any such Confidential Information, 
and destroy all Confidential Information belonging to Avaya as well as any materials that embody any such 
Confidential Information. All licenses granted will terminate. 
10.5 The rights and obligations of the parties contained in Sections 2.3, 2.6, 2.7, 2.10, 2.11, 2.12, 3, and 5 through 18 
shall survive any expiration or termination of this Agreement. 
11.0 ASSIGNMENT. 
Avaya may assign all or any part of its rights and obligations hereunder. Licensee may not assign this Agreement or 
any interest or rights granted hereunder to any third party without the prior written consent of Avaya. The term 
"assign" includes, but is not limited to, any transaction in which there is a Change In Control or reorganization of 
Licensee pursuant to a merger, sale of assets or stock. This Agreement shall terminate immediately upon occurrence 
of any prohibited assignment. 

12.0 COMPLIANCE WITH LAWS. 
Licensee shall comply with all applicable laws and regulations, including without limitation those applicable to data 
privacy, intellectual property, trade secret, fraud, music performance rights and the export or re-export of technology 
and will not export or re-export the SDK or any other technical information provided under this Agreement in any 
form in violation of the export control laws of the United States of America and of any other applicable country. For 
more information on such export laws and regulations, Licensee may refer to the resources provided in the websites 
maintained by the U.S. Commerce Department, the U.S. State Department and the U.S. Office of Foreign Assets 
Control. 

13.0 WAIVER. 
The failure to assert any rights under this Agreement, including, but not limited to, the right to terminate in the event 
of breach or default, will not be deemed to constitute a waiver of the right to enforce each and every provision of this 
Agreement in accordance with their terms. 

14.0 SEVERABILITY. 
If any provision of this Agreement is determined to be unenforceable or invalid, this Agreement will not be rendered 
unenforceable or invalid as a whole, and the provision will be changed and interpreted so as to best accomplish the 
objectives of the original provision within the limits of applicable law. 

15.0GOVERNING LAW AND DISPUTE RESOLUTION. 

15.1 Governing Law. This Agreement and any dispute, claim or controversy arising out of or relating to this 
Agreement (“Dispute”), including without limitation the formation, interpretation, breach or termination of this 
Agreement, or any issue regarding whether a Dispute is subject to arbitration under this Agreement, will be governed 
by New York State laws, excluding conflict of law principles, and the United Nations Convention on Contracts for 
the International Sale of Goods. 
15.2 Dispute Resolution. Any Dispute will be resolved in accordance with the provisions of this Section 15. The 
disputing party shall give the other party written notice of the Dispute in accordance with the notice provision of this 
Agreement. The parties will attempt in good faith to resolve each controversy or claim within 30 days, or such other 
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© 2016-2019 Avaya Inc. All rights reserved. Avaya and the Avaya Logo are trademarks of Avaya Inc. and may be registered in certain jurisdictions. All trademarks identified by the ® or TM are 

registered trademarks, service marks or trademarks, respectively, of Avaya Inc. All other trademarks are the property of their respective owners. 


longer period as the parties may mutually agree, following the delivery of such notice, by negotiations between 
designated representatives of the parties who have dispute resolution authority. 

15.3 Arbitration of Non-US Disputes. If a Dispute that arose anywhere other than in the United States or is based upon 
an alleged breach committed anywhere other than in the United States cannot be settled under the procedures and 
within the timeframe set forth in Section 15.2, it will be conclusively determined upon request of either party by a 
final and binding arbitration proceeding to be held in accordance with the Rules of Arbitration of the International 
Chamber of Commerce by a single arbitrator appointed by the parties or (failing agreement) by an arbitrator appointed 
by the President of the International Chamber of Commerce (from time to time), except that if the aggregate claims, 
cross claims and counterclaims by any one party against the other party exceed One Million US Dollars at the time all 
claims, including cross claims and counterclaims are filed, the proceeding will be held in accordance with the Rules 
of Arbitration of the International Chamber of Commerce by a panel of three arbitrator(s) appointed in accordance 
with the Rules of Arbitration of the International Chamber of Commerce. The arbitration will be conducted in the 
English language, at a location agreed by the parties or (failing agreement) ordered by the arbitrator(s). The 
arbitrator(s) will have authority only to award compensatory damages within the scope of the limitations of Section 8 
and will not award punitive or exemplary damages. The arbitrator(s) will not have the authority to limit, expand or 
otherwise modify the terms of this Agreement. The ruling by the arbitrator(s)) will be final and binding on the parties 
and may be entered in any court having jurisdiction over the parties or any of their assets. The parties will evenly split 
the cost of the arbitrator(s)’ fees, but Avaya and Customer will each bear its own attorneys' fees and other costs 
associated with the arbitration. The parties, their representatives, other participants and the arbitrator(s) will hold the 
existence, content and results of the arbitration in strict confidence to the fullest extent permitted by law. Any 
disclosure of the existence, content and results of the arbitration will be as limited and narrowed as required to comply 
with the applicable law. By way of illustration, if the applicable law mandates the disclosure of the monetary amount 
of an arbitration award only, the underlying opinion or rationale for that award may not be disclosed. 
15.4 Choice of Forum for US Disputes. If a Dispute by one party against the other that arose in the United States or is 
based upon an alleged breach committed in the United States cannot be settled under the procedures and within the 
timeframe set forth in Section 15.2, then either party may bring an action or proceeding solely in either the Supreme 
Court of the State of New York, New York County, or the United States District Court for the Southern District of 
New York. Except as otherwise stated in Section 15.3 each party consents to the exclusive jurisdiction of those courts, 
including their appellate courts, for the purpose of all actions and proceedings arising out of or relating to this 
Agreement. 
15.5 Injunctive Relief. Nothing in this Agreement will be construed to preclude either party from seeking provisional 
remedies, including, but not limited to, temporary restraining orders and preliminary injunctions from any court of 
competent jurisdiction in order to protect its rights, including its rights pending arbitration, at any time. The parties 
agree that the arbitration provision in Section 15.3 may be enforced by injunction or other equitable order, and no 
bond or security of any kind will be required with respect to any such injunction or order. 
15.6 Time Limit. Actions on Disputes between the parties must be brought in accordance with this Section within 2 
years after the cause of action arises. 
16.0 IMPORT/EXPORT CONTROL. 
Licensee is advised that the SDK is of U.S. origin and subject to the U.S. Export Administration Regulations (“EAR”). 
The SDK also may be subject to applicable local country import/export laws and regulations. Diversion contrary to 

U.S. and/or applicable local country law and/or regulation is prohibited. Licensee agrees not to directly or indirectly 
export, re-export, import, download, or transmit the SDK to any country, end user or for any use that is contrary to 
applicable U.S. and/or local country regulation or statute (including but not limited to those countries embargoed by 
the U.S. government). Licensee represents that any governmental agency has not issued sanctions against Licensee or 
otherwise suspended, revoked or denied Licensee's import/export privileges. Licensee agrees not to use or transfer the 
SDK for any use relating to nuclear, chemical or biological weapons, or missile technology, unless authorized by the 
U.S. and/or any applicable local government by regulation or specific written license. Additionally, Licensee is 
Avaya Software Development Kit License Terms (10/14/2019) 

© 2016-2019 Avaya Inc. All rights reserved. Avaya and the Avaya Logo are trademarks of Avaya Inc. and may be registered in certain jurisdictions. All trademarks identified by the ® or TM are 

registered trademarks, service marks or trademarks, respectively, of Avaya Inc. All other trademarks are the property of their respective owners. 


advised that the SDK may contain encryption algorithm or source code that may not be exported to government or 
military end users without a license issued by the U.S. Bureau of Industry and Security and any other country’s 
governmental agencies, where applicable. 

17.0 AGREEMENT IN ENGLISH. 
The parties confirm that it is their wish that the Agreement, as well as all other documents relating hereto, including 
all notices, have been and shall be drawn up in the English language only. Les parties aux présentes confirment leur 
volonté que cette convention, de même que tous les documents, y compris tout avis, qui s'y rattachent, soient rédigés 
en langue anglaise. 

18.0ENTIRE AGREEMENT. 
This Agreement, its exhibits, schedules and other agreements or documents referenced herein, constitute the full and 
complete understanding and agreement between the parties and supersede all contemporaneous and prior 
understandings, agreements and representations relating to the subject matter hereof. No modifications, alterations or 
amendments shall be effective unless in writing signed by both parties to this Agreement. 

19. REDISTRIBUTABLE CLIENT FILES. 
The list of SDK client files that can be redistributed, if any, are in the SDK in a file called Redistributable.txt. 

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© 2016-2019 Avaya Inc. All rights reserved. Avaya and the Avaya Logo are trademarks of Avaya Inc. and may be registered in certain jurisdictions. All trademarks identified by the ® or TM are 

registered trademarks, service marks or trademarks, respectively, of Avaya Inc. All other trademarks are the property of their respective owners. 


Schedule 1 to Avaya SDK License Agreement 
Third Party Notices 

1. CODECS: WITH RESPECT TO ANY CODECS IN THE SDK, YOU ACKNOWLEDGE AND AGREE 
YOU ARE RESPONSIBLE FOR ANY AND ALL RELATED FEES AND/OR ROYALTIES, IF ANY. IT IS YOUR 
RESPONSIBILITY TO CHECK. 
THE H.264 (AVC) CODEC IS LICENSED UNDER THE AVC PATENT PORTFOLIO LICENSE FOR THE 
PERSONAL USE OF A CONSUMER OR OTHER USES IN WHICH IT DOES NOT RECEIVE REMUNERATION 
TO: (I) ENCODE VIDEO IN COMPLIANCE WITH THE AVC STANDARD ("AVC VIDEO") AND/OR (II) 
DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL ACTIVITY 
AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. NO 
LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION 
FOR THE H.264 (AVC) CODEC MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE 
HTTP://WWW.MPEGLA.COM. 

SCHEDULE 2 LICENSE TO END USER AND PASS THRU REQUIREMENTS 

1. Each distribution of a Licensee’s application that has been created using this SDK (including Client 
Libraries, Sample Application Code and Permitted Modifications) to an end user shall be pursuant to 
Licensee’s current end user license agreement (“Licensee EULA”) which must (a) acknowledge that 
the Licensee EULA is concluded between Licensee and the end user only, and not with Avaya; (b) 
acknowledge that Licensee is solely responsible for the Licensee’s application and any content thereof, 
including any and all maintenance and support (as specified in the Licensee EULA, or as required under 
applicable law), warranties (whether express or implied by law), product claims (including, but not 
limited to, claims of product liability, failure to conform with applicable laws and consumer protection 
law violations), intellectual property infringement claims (including, but not limited to, investigation, 
defense, settlement and discharge of any such claims), and legal and regulatory compliance (including, 
but not limited to, all applicable import and export laws of any country in which end users may access 
the Licensee’s application and the Avaya product or services that will run the Licensee’s application); 
(c) state the Licensee’s name and address, and the contact information (telephone number; e-mail 
address) to which any end user questions, complaints or claims with respect to the Licensee’s 
application should be directed; (d) include, and may not be inconsistent with, the terms and conditions 
for a disclaimer of support and warranties and a limitation of liability for Avaya substantially 
conforming to the pertinent text in Exhibit A, End User Flow Down Terms, and (e) otherwise comply 
with all applicable laws in all countries in which end users may access the Avaya product or services. 
2. Third Party Beneficiary. In addition, Licensee and the end user must acknowledge and agree in the 
Licensee EULA for each Licensee application that Avaya, and Avaya’s Affiliates, are third party 
beneficiaries of the Licensee EULA, and that, upon the end user’s acceptance of the terms and 
conditions of the Licensee EULA, Avaya will have the right (and will be deemed to have accepted the 
right) to enforce the Licensee EULA against the end user as a third party beneficiary thereof. The 
acknowledgment and agreement required in this sub-section 3 shall substantially conform with, and 
may not be inconsistent with, the pertinent terms and conditions for a third party beneficiary text in 
Exhibit A attached hereto. 
3. Privacy Policy and Compliance. Licensee is solely responsible for ensuring that Licensee’s 
application or service complies, with all applicable privacy laws and regulations, including but not 
limited to any notice or consent requirements, in all countries in which end users may use, purchase or 
access the Licensee’s application, Avaya product or services, especially if there is any form of user or 
device data collection, or image, picture or voice capture or recording (collectively “Recordings”), and 
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© 2016-2019 Avaya Inc. All rights reserved. Avaya and the Avaya Logo are trademarks of Avaya Inc. and may be registered in certain jurisdictions. All trademarks identified by the ® or TM are 

registered trademarks, service marks or trademarks, respectively, of Avaya Inc. All other trademarks are the property of their respective owners. 


any form of data, content or information collection, processing, maintenance, uploading, syncing, 
storage, transmission, sharing, disclosure or use performed by, through or in connection with a 
Licensee’s application. Each distribution of Licensee’s application to an end user shall be pursuant to 
Licensee’s current privacy policy governing the application (“Licensee Privacy Policy”). Licensee 
hereby agrees to maintain, and strictly comply with the terms of its Licensee Privacy Policy and provide 
clear and complete information to end users regarding the collection, and disclosure of any user or 
device data in compliance with applicable law. 

4. Licensee acknowledges Avaya included statements in the SDK to enable the collection of data by 
Google Analytics. The data collected is usage data and information of types of errors encountered by 
the SDK for the purpose of determining what features are used the most and the types of configurations 
and capacities involved (“Aggregated Data”). By default these statements are turned off in the SDK. 
Should Licensee utilize these statements or create new statements to allow Licensee to collect data, 
Licensee shall include item 1(e) in Exhibit A: End User Flow Down Terms with the applicable url to 
the Licensee’s Data Privacy Policy. Should Licensee utilize the statements, Licensee acknowledges 
Licensee will create and provide an opt-in interface that allows the end user to turn on and off the 
Aggregated Data collection. If Licensee turns on statements allowing Avaya to collect Aggregated 
Data, Licensee will contact Avaya for the applicable Data Privacy Policy. Licensee also agrees and 
acknowledges Avaya has the right to collect Aggregated Data from Licensee’s application created using 
the SDK. Avaya shall own exclusive rights, including without limitation all intellectual property rights, 
in and to the Aggregated Data subject to compliance with applicable laws. 
5. Licensee agrees and shall provide to Licensee’s end user details of the “IX™ Client SDK Commercial 
Model” 
see: http://www.devconnectprogram.com/site/global/products_resources/avaya_client_sdk/licensing 
(or such successor site as designated by Avaya) which describes the end user’s responsibility to 
purchase run time licenses from Avaya to enable the use of Licensee’s application created using the 
SDK; and the applicable information for the named user licenses, server licenses, and/or agent licenses. 
6. Licensee agrees and shall provide to Licensee’s end user the following notice: 
CODECS: WITH RESPECT TO ANY CODECS, YOU ACKNOWLEDGE AND AGREE YOU ARE 
RESPONSIBLE FOR ANY AND ALL RELATED FEES AND/OR ROYALTIES, IF ANY. IT IS 
YOUR RESPONSIBILITY TO CHECK. 

THE H.264 (AVC) CODEC IS LICENSED UNDER THE AVC PATENT PORTFOLIO LICENSE 
FOR THE PERSONAL USE OF A CONSUMER OR OTHER USES IN WHICH IT DOES NOT 
RECEIVE REMUNERATION TO: (I) ENCODE VIDEO IN COMPLIANCE WITH THE AVC 
STANDARD ("AVC VIDEO") AND/OR (II) DECODE AVC VIDEO THAT WAS ENCODED BY 
A CONSUMER ENGAGED IN A PERSONAL ACTIVITY AND/OR WAS OBTAINED FROM A 
VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. NO LICENSE IS GRANTED OR 
SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION FOR THE H.264 
(AVC) CODEC MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE 
HTTP://WWW.MPEGLA.COM. 

Avaya Software Development Kit License Terms (10/14/2019) 

© 2016-2019 Avaya Inc. All rights reserved. Avaya and the Avaya Logo are trademarks of Avaya Inc. and may be registered in certain jurisdictions. All trademarks identified by the ® or TM are 

registered trademarks, service marks or trademarks, respectively, of Avaya Inc. All other trademarks are the property of their respective owners. 


EXHIBIT A 

END USER FLOW DOWN TERMS 

The meanings of capitalized terms used but not defined herein are as defined in the Agreement. Additional defined 
terms may be set forth herein 

1. Any Licensee EULA between Licensee and its end users regarding the end user’s use of the Licensee’s 
application shall include language covering the following: 
a. NO MAINTENANCE AND SUPPORT BY AVAYA. Avaya shall have no obligation to perform any 
warranty services, technical support, or other services with respect to the software. Licensee shall provide repair 
and replacement of, and perform all other obligations in respect of, defective software to you without any 
involvement or obligation by Avaya. 
b. NO WARRANTY BY AVAYA. AVAYA MAKES NO EXPRESS REPRESENTATIONS OR 
WARRANTIES WHATSOEVER AND HAS NO WARRANTY OBLIGATIONS WITH RESPECT TO THE 
SOFTWARE, DOCUMENTATION, OR THIS EULA. AVAYA EXPRESSLY DISCLAIMS ANY AND ALL 
IMPLIED OR STATUTORY WARRANTIES WITH RESPECT TO THE SOFTWARE AND 
DOCUMENTATION INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF 
MERCHANTABILITY, NON INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. 
AVAYA FURTHER SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER PARTY ARISING FROM 
OR RELATED IN ANY MANNER TO THE SOFTWARE AND DOCUMENTATION, INCLUDING 
WITHOUT LIMITATION PRODUCT PERFORMANCE, COMPATIBILITY OR SUITABILITY. THE 
ONLY WARRANTIES PROVIDED WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION 
SHALL BE THOSE PROVIDED DIRECTLY FROM DEVELOPER. 
c. THIRD PARTY BENEFICIARY. You acknowledge and agree that Avaya, and Avaya’s affiliates, 
are third party beneficiaries of this EULA and that, upon your acceptance of the terms and conditions of the 
EULA, Avaya will have the right (and will be deemed to have accepted the right) to enforce the EULA against 
you as a third party beneficiary thereof. 
d. End User acknowledges that the software is subject to the end user making payment for licenses 
(“Run Time Licenses”) see: 
http://www.devconnectprogram.com/site/global/products_resources/avaya_client_sdk/licensing 

(or such successor site as designated by Avaya). 

e. The software may rely on a third party analytics service to collect and generate aggregated end user data 
which is used to improve product performance and its functionality. Please refer to the following website for 
more information: http://www.google.com/privacy.html (or such successor site as designated by Google) and 
http://[Licensee’s Data Privacy Policy website] (or such successor site as designated by Licensee). By accepting 
these Software License Terms and continued use of the software, service, or subscription end user consents to 
the use of such an analytics service to analyze such data. 
Avaya Software Development Kit License Terms (10/14/2019) 

© 2016-2019 Avaya Inc. All rights reserved. Avaya and the Avaya Logo are trademarks of Avaya Inc. and may be registered in certain jurisdictions. All trademarks identified by the ® or TM are 

registered trademarks, service marks or trademarks, respectively, of Avaya Inc. All other trademarks are the property of their respective owners. 


