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Policies & Legal

Avaya Intellectual Property Policy

Avaya Intellectual Property (IP), such as software, proprietary maintenance tools and programs, updates, patches and fixes (the Intellectual Property or "IP") comprise a key strategic asset central to the value proposition of maintenance offers supported by both Avaya and our Channel Partners. Protection of Avaya software enables Avaya to continue to invest in R&D efforts to further improve the Customer's experience. Avaya wants Customers to have a positive experience and to have Avaya equipment work optimally. A Customer or Channel Partner using licensed Avaya IP supports a Customer's quality experience and protects the Avaya brand as a whole.


IP Initiative Goals

Avaya Client Services IP Protection initiatives are targeted to accomplish the following:

- Reinforce the value of Software and Firmware updates as Intellectual Property, such that the misuse and/or unauthorized access, copying and distribution of them will have tangible consequences to violators, including UMP's.
- Ensure Customer and Channel Partner compliance by reinforcing Intellectual Property policies.
- Improve security, consistency, and quality of service pack and software update delivery.
- Clarify the Avaya Support Coverage value proposition with Customers.
- Implement best in class technology solutions in support of policy and process improvements.

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Eligibility for Software Updates

Avaya service pack/firmware/software updates are made available to customers and authorized partners through the Avaya Diagnostics & Tools website: Product Licensing and Delivery System (PLDS), Enterprise Solutions PEP Library (ESPL), Key Code Retrieval System (KRS), Avaya Direct International (ADI), Data Networking Electronic Licensing, Remote Feature Activation (RFA) and the Octel®/Access License Key. Service pack and software updates may be downloaded and installed by eligible customers and by authorized partners on behalf of eligible customers, provided the customers have a legal entitlement.

Customers are eligible to obtain/install service packs/firmware and software updates if they:

- Purchased a new installation or upgrade and are under warranty coverage;
- Purchased Avaya Direct/Retail (US only) or Wholesale maintenance through a Channel Partner; or
- Are supported by a Channel Partner who has purchased an Avaya Support Coverage such as Joint Services Delivery (JSD), Partner Support Services (PSS), Legacy Protection Plan (LPP), Partner Assurance Support Services (PASS), Support Advantage (SA) - Co-Delivery, Customer Owned and Maintained Maintenance (COAM) for heritage Nortel Networks products, Modularized Extended Support Plan (MESP) or IP Office Support Services (IPOSS).

Customers are not eligible to obtain/install service packs, software updates and firmware (excluding firmware for phones/terminals and security patches) if:

- They have Product software or hardware that is out of warranty with no Avaya Support Coverage; or
- Their Product software or hardware is covered by a support services contract with a Channel Partner who has not purchased Avaya Support Coverage.

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Customer & Channel Partner Considerations

Avaya software is provided under and governed by a limited license, the terms of which are set forth in the Avaya Global Software License Terms policy which applies to the Customer regardless of whether the Customer acquired Avaya products or services directly from Avaya or from a third party. If a Customer obtains any Avaya services, Avaya product (including equipment or software) or any services for Avaya products from or through an authorized Channel Partner, the Customer must review and provide to the Channel Partner the Customer's written acceptance of the Avaya Software License Terms.

Downloading, copying, sharing or distributing service packs, firmware and/or software based on the rights of a particular Customer location that has a valid entitlement, and then providing said service packs, firmware and/or software to another customer or location without Avaya Support Coverage may constitute a violation of Avaya's legal rights, including a breach of a Customer's agreements with Avaya, copyright infringement, patent infringement and/or an act of software piracy.

Customers who receive service packs and software updates (other than those that are security patches or firmware for terminals/phone sets) and are applied to Customer systems without Avaya Support Coverage or a valid software warranty in place constitute a violation of Avaya Software License Terms (aka End User License Agreement - EULA) or Avaya Software License Terms (Heritage Nortel Network Products) and expose the Customer to possible legal action, which may include monetary damages and injunctive relief.

Channel Partners may not build and maintain their own library of Avaya patches, service packs or software. Instead Channel Partner employees should be accessing Avaya service pack/license libraries when needed to support a specific Customer for the most up to date patch, service pack or software. This process ensures that an entitlement check is completed for each Customer's system or application and ensures that software patches and updates are only provided to Customers who are entitled or authorized.

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Service Pack and Dot Release Guardian Technlogy Implemented

With the general availability of Aura® Communications Manager (CM) 6.2 on July 9, 2012, Avaya deployed patent pending Service Pack and Dot Release Guardian technology that protects minor releases and service packs from being illegally installed. Only customers and channel partners that have active Avaya support agreement entitlements or are under warranty when the software is published can successfully install entitled CM 6.2 and later version service packs and dot releases.

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