# Legal

© 2015-2016 Avaya, Inc.

All Rights Reserved.

## Notice

While reasonable efforts have been made to ensure that the information in this document is complete and accurate at the time of printing, Avaya assumes no liability for any errors. Avaya reserves the right to make changes and corrections to the information in this document without the obligation to notify any person or organization of such changes.

## Documentation disclaimer

"Documentation" means information published by Avaya in varying mediums which may include product information, operating instructions and performance specifications that Avaya may generally make available to users of its products and Hosted Services. Documentation does not include marketing materials. Avaya shall not be responsible for any modifications, additions, or deletions to the original published version of documentation unless such modifications, additions, or deletions were performed by Avaya. End User agrees to indemnify and hold harmless Avaya, Avaya's agents, servants and employees against all claims, lawsuits, demands and judgments arising out of, or in connection with, subsequent modifications, additions or deletions to this documentation, to the extent made by End User.

## Link disclaimer

Avaya is not responsible for the contents or reliability of any linked websites referenced within this site or documentation provided by Avaya. Avaya is not responsible for the accuracy of any information, statement or content provided on these sites and does not necessarily endorse the products, services, or information described or offered within them. Avaya does not guarantee that these links will work all the time and has no control over the availability of the linked pages.

## Warranty

Avaya provides a limited warranty on Avaya hardware and software. Refer to your sales agreement to establish the terms of the limited warranty. In addition, Avaya’s standard warranty language, as well as information regarding support for this product while under warranty is available to Avaya customers and other parties through the Avaya Support website: http://support.avaya.com or such successor site as designated by Avaya. Please note that if You acquired the product(s) from an authorized Avaya Channel Partner outside of the United States and Canada, the warranty is provided to You by said Avaya Channel Partner and not by Avaya.

"Hosted Service" means a hosted service subscription that You acquire from either Avaya or an authorized Avaya Channel Partner (as applicable) and which is described further in Hosted SAS or other service description documentation regarding the applicable hosted service. If You purchase a Hosted Service subscription, the foregoing limited warranty may not apply but You may be entitled to support services in connection with the Hosted Service as described further in your service description documents for the applicable Hosted Service. Contact Avaya or Avaya Channel Partner (as applicable) for more information.

## Hosted Service

THE FOLLOWING APPLIES IF YOU PURCHASE A HOSTED SERVICE SUBSCRIPTION FROM AVAYA OR AN AVAYA CHANNEL PARTNER (AS APPLICABLE), THE TERMS OF USE FOR HOSTED SERVICES ARE AVAILABLE ON THE AVAYA WEBSITE, HTTP://SUPPORT.AVAYA.COM/LICENSEINFO UNDER THE LINK "Avaya Terms of Use for Hosted Services" OR SUCH SUCCESSOR SITE AS DESIGNATED BY AVAYA, AND ARE APPLICABLE TO ANYONE WHO ACCESSES OR USES THE HOSTED SERVICE. BY ACCESSING OR USING THE HOSTED SERVICE, OR AUTHORIZING OTHERS TO DO SO, YOU, ON BEHALF OF YOURSELF AND THE ENTITY FOR WHOM YOU ARE DOING SO (HEREINAFTER REFERRED TO INTERCHANGEABLY AS "YOU" AND "END USER"), AGREE TO THE TERMS OF USE. IF YOU ARE ACCEPTING THE TERMS OF USE ON BEHALF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS OF USE. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT WISH TO ACCEPT THESE TERMS OF USE, YOU MUST NOT ACCESS OR USE THE HOSTED SERVICE OR AUTHORIZE ANYONE TO ACCESS OR USE THE HOSTED SERVICE. YOUR USE OF THE HOSTED SERVICE SHALL BE LIMITED BY THE NUMBER AND TYPE OF LICENSES PURCHASED UNDER YOUR CONTRACT FOR THE HOSTED SERVICE, PROVIDED, HOWEVER, THAT FOR CERTAIN HOSTED SERVICES IF APPLICABLE, YOU MAY HAVE THE OPPORTUNITY TO USE FLEX LICENSES, WHICH WILL BE INVOICED ACCORDING TO ACTUAL USAGE ABOVE THE CONTRACT LICENSE LEVEL. CONTACT AVAYA OR AVAYA’S CHANNEL PARTNER FOR MORE INFORMATION ABOUT THE LICENSES FOR THE APPLICABLE HOSTED SERVICE, THE AVAILABILITY OF ANY FLEX LICENSES (IF APPLICABLE), PRICING AND BILLING INFORMATION, AND OTHER IMPORTANT INFORMATION REGARDING THE HOSTED SERVICE.

## Licenses

THE SOFTWARE LICENSE TERMS AVAILABLE ON THE AVAYA WEBSITE, HTTP://SUPPORT.AVAYA.COM/LICENSEINFO OR SUCH SUCCESSOR SITE AS DESIGNATED BY AVAYA, ARE APPLICABLE TO ANYONE WHO DOWNLOADS, USES AND/OR INSTALLS AVAYA SOFTWARE, PURCHASED FROM AVAYA INC., ANY AVAYA AFFILIATE, OR AN AVAYA CHANNEL PARTNER (AS APPLICABLE) UNDER A COMMERCIAL AGREEMENT WITH AVAYA OR AN AVAYA CHANNEL PARTNER. UNLESS OTHERWISE AGREED TO BY AVAYA IN WRITING, AVAYA DOES NOT EXTEND THIS LICENSE IF THE SOFTWARE WAS OBTAINED FROM ANYONE OTHER THAN AVAYA, AN AVAYA AFFILIATE OR AN AVAYA CHANNEL PARTNER; AVAYA RESERVES THE RIGHT TO TAKE LEGAL ACTION AGAINST YOU AND ANYONE ELSE USING OR SELLING THE SOFTWARE WITHOUT A LICENSE. BY INSTALLING, DOWNLOADING OR USING THE SOFTWARE, OR AUTHORIZING OTHERS TO DO SO, YOU, ON BEHALF OF YOURSELF AND THE ENTITY FOR WHOM YOU ARE INSTALLING, DOWNLOADING OR USING THE SOFTWARE (HEREINAFTER REFERRED TO INTERCHANGEABLY AS "YOU" AND "END USER"), AGREE TO THESE TERMS AND CONDITIONS AND CREATE A BINDING CONTRACT BETWEEN YOU AND AVAYA INC. OR THE APPLICABLE AVAYA AFFILIATE ("AVAYA").

Avaya grants You a license within the scope of the license types described below, with the exception of Heritage Nortel Software, for which the scope of the license is detailed below. Where the order documentation does not expressly identify a license type, the applicable license will be a Designated System License. The applicable number of licenses and units of capacity for which the license is granted will be one (1), unless a different number of licenses or units of capacity is specified in the documentation or other materials available to You. "Software" means computer programs in object code, provided by Avaya or an Avaya Channel Partner, whether as stand-alone products, pre-installed on hardware products, and any upgrades, updates, patches, bug fixes, or modified versions thereto. "Designated Processor" means a single stand-alone computing device. "Server" means a Designated Processor that hosts a software application to be accessed by multiple users. "Instance" means a single copy of the Software executing at a particular time: (i) on one physical machine; or (ii) on one deployed software virtual machine ("VM") or similar deployment.

## License types

Concurrent User License (CU). End User may install and use the Software on multiple Designated Processors or one or more Servers, so long as only the licensed number of Units are accessing and using the Software at any given time. A "Unit" means the unit on which Avaya, at its sole discretion, bases the pricing of its licenses and can be, without limitation, an agent, port or user, an e-mail or voice mail account in the name of a person or corporate function (e.g., webmaster or helpdesk), or a directory entry in the administrative database utilized by the Software that permits one user to interface with the Software. Units may be linked to a specific, identified Server or an Instance of the Software.

## Copyright

Except where expressly stated otherwise, no use should be made of materials on this site, the Documentation, Software, Hosted Service, or hardware provided by Avaya. All content on this site, the documentation, Hosted Service, and the product provided by Avaya including the selection, arrangement and design of the content is owned either by Avaya or its licensors and is protected by copyright and other intellectual property laws including the sui generis rights relating to the protection of databases. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any content, in whole or in part, including any code and software unless expressly authorized by Avaya. Unauthorized reproduction, transmission, dissemination, storage, and or use without the express written consent of Avaya can be a criminal, as well as a civil offense under the applicable law.

## Virtualization

Each product has its own ordering code and license types. Note that each Instance of a product must be separately licensed and ordered. For example, if the end user customer or Avaya Channel Partner would like to install two Instances of the same type of products, then two products of that type must be ordered.

## Third Party Components

"Third Party Components" mean certain software programs or portions thereof included in the Software or Hosted Service may contain software (including open source software) distributed under third party agreements ("Third Party Components"), which contain terms regarding the rights to use certain portions of the Software ("Third Party Terms"). As required, information regarding distributed Linux OS source code (for those products that have distributed Linux OS source code) and identifying the copyright holders of the Third Party Components and the Third Party Terms that apply is available in the products, Documentation or on Avaya’s website at: http://support.avaya.com/Copyright or such successor site as designated by Avaya. You agree to the Third Party Terms for any such Third Party Components.

THIS PRODUCT 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 MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE HTTP://WWW.MPEGLA.COM.

## Note to Service Provider

The product or Hosted Service may use Third Party Components subject to Third Party Terms that do not allow hosting and require a Service Provider to be independently licensed for such purpose. It is your responsibility to obtain such licensing.

## Preventing Toll Fraud

“Toll Fraud” is the unauthorized use of your telecommunications system by an unauthorized party (for example, a person who is not a corporate employee, agent, subcontractor, or is not working on your company's behalf). Be aware that there can be a risk of Toll Fraud associated with your system and that, if Toll Fraud occurs, it can result in substantial additional charges for your telecommunications services.

## Avaya Toll Fraud intervention

If You suspect that You are being victimized by Toll Fraud and You need technical assistance or support, call Technical Service Center Toll Fraud Intervention Hotline at +1-800-643-2353 for the United States and Canada. For additional support telephone numbers, see the Avaya Support website: http://support.avaya.com or such successor site as designated by Avaya. Suspected security vulnerabilities with Avaya products should be reported to Avaya by sending mail to: securityalerts@avaya.com.

## Trademarks

The trademarks, logos and service marks ("Marks") displayed in this site, the Documentation, Hosted Service(s), and product(s) provided by Avaya are the registered or unregistered Marks of Avaya, its affiliates, or other third parties. Users are not permitted to use such Marks without prior written consent from Avaya or such third party which may own the Mark. Nothing contained in this site, the Documentation, Hosted Service(s) and product(s) should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to the Marks without the express written permission of Avaya or the applicable third party.

Avaya is a registered trademark of Avaya Inc.

All non-Avaya trademarks are the property of their respective owners. Linux® is the registered trademark of Linus Torvalds in the U.S. and other countries.

## Downloading Documentation

For the most current versions of Documentation, see the Avaya Support website: http://support.avaya.com, or such successor site as designated by Avaya.

## Contact Avaya Support

See the Avaya Support website: http://support.avaya.com for product or Hosted Service notices and articles, or to report a problem with your Avaya product or Hosted Service. For a list of support telephone numbers and contact addresses, go to the Avaya Support website: http://support.avaya.com (or such successor site as designated by Avaya), scroll to the bottom of the page, and select Contact Avaya Support.