Copyrights, Trademarks, Warranty, Disclaimers

Copyrights and Trademarks

This Broadband Bonding Network Appliance (TM) includes certain embedded software and firmware (collectively, “Software”). The Software is a trade secret of GFI, Inc. and is protected by various copyright and other intellectual property laws and treaties. No license is granted to you to reproduce, modify or create derivative works of, distribute, display or perform such Software. You may not reverse engineer, disassemble, decompile, or otherwise attempt to discover the source code for the Software. You may use the Software solely as embedded in this Exinda SD-WANSoftware-Defined Wide Area Network.

Copyright © 2021 GFI. All Rights Reserved. Exinda SD-WANWide Area Network, GFI, and the GFI logo are registered trademarks or trademarks of GFI, Inc.

Hardware warranty and Disclaimers

GFI warrants that this Exinda SD-WAN is free from physical defects in material and workmanship for 12 months from the date of purchase, when used within the limits set forth in the User Manual.

If you purchased the Exinda SD-WAN from a third party, contact that third party to receive warranty support. If you purchased the Exinda SD-WAN directly from GFI, to receive warranty support contact GFI Technical Support in order to obtain a Return Material Authorization (RMA) number and a description of the RMA process.

In the event this Exinda SD-WAN proves defective during the warranty period, GFI, in its sole discretion, either repairs the Exinda SD-WAN, replaces the Exinda SD-WAN with a new or refurbished Exinda SD-WAN or refunds the price paid for the Exinda SD-WAN. The new or refurbished Exinda SD-WAN is warranted for the balance of the original warranty period. The foregoing shall be the sole and exclusive remedy for a breach of the foregoing warranty.

In order to receive warranty support you must have your proof of purchase and the product serial id number. Return requests cannot be processed without proof of purchase. When returning the Exinda SD-WAN, you must mark the RMA number clearly on the outside of the package and include a copy of your original proof of purchase.

All customers located outside of the United States of America and Canada must pay for shipping and handling charges to return a defective Exinda SD-WAN.

The foregoing warranty shall be void and of no force or effect if:

• the Exinda SD-WAN is modified by any person other than GFI or is installed, operated or maintained in any manner that is inconsistent with the terms in this User Manual.
• the external Exinda SD-WAN housing is opened or tampered with.
• the Exinda SD-WAN is subject to any abuse, negligence or misuse, including without limitation physical or electrical abuse or stress, or exposure to water or fire.

Except for the limited express warranty set forth above, GFI networks makes no other warranties or representations regarding this Exinda SD-WAN or this user manual, express or implied. GFI networks disclaims all other warranties and representations, express, implied, statutory and otherwise, including, without limitation, any warranty of uninterrupted, error-free or bug-free operation, the implied warranties of non-infringement, merchantability and fitness for a particular use or purpose and any warranty as to quality or performance. No person, representative or firm is authorized to extend, enlarge or otherwise modify the limited warranty set forth above. If the exclusion of implied warranties contained herein is prohibited by applicable law, then the applicable implied warranties are limited to the duration of the express warranty described above.

Limits on Liability

In no event shall GFI networks' aggregate liability exceed the price paid for the Exinda SD-WAN. To the maximum extent permitted by applicable law, in no event shall GFI networks be liable for any indirect, special, punitive, incidental, or consequential damages, even if GFI networks was advised or aware of the possibility of such damages, and regardless of the form of action, whether in contract, tort, negligence, strict product liability or otherwise. This limitation is separate and independent of any other remedy limitations and shall not fail if such other limitation on remedy fails of its essential purpose. This limitation shall not apply to personal injury caused by the Exinda SD-WAN.

End User License Agreement

Downloading, installing or using GFI or GFI-supplied software constitutes acceptance of this agreement. GFI is willing to license the software to you only upon the condition that you accept all of the terms contained in this license agreement plus any additional limitations on the license set forth in a supplemental license agreement. To the extent of any conflict between the terms of this license agreement and any supplemental license agreement, the supplemental license agreement shall apply. by downloading, installing or using the registration number, product authorization key, license key, license file, or software, using the equipment that contains this software, or clicking an “accept” button (or a logical equivalent) during the installation or downloading process, you are binding yourself and the business entity that you represent (collectively, “customer”) to this agreement and any supplemental license agreement. If you do not agree to all of the terms of this agreement and any supplemental license agreement, then GFI is unwilling to license the software to you and:

• do not download, install or use the software
• you may return the software (including any unopened cd package or usb-keys) and any written materials for a full refund, or, if the software and written materials are supplied as part of another product, you may return the entire product for a full refund. Your right to return and refund expires 30 days after purchase from GFI or an authorized GFI reseller, and applies only if you are the original end user purchaser.

The following terms of this end user license agreement and any supplemental license agreement (collectively the “EULA”) govern customer’s access and use of each GFI or GFI-supplied software (“software”), except to the extent:

• There is a separate signed agreement between customer and GFI governing customer’s use of the software, or
• The software includes a separate “click-accept” license agreement or third party license agreement as part of the installation and/or download process governing customer’s use of the software. To the extent of a conflict between the provisions of the foregoing documents, the order of precedence shall be:

1. The signed agreement
2. The click-accept agreement or third party license agreement
3. This EULA.

License

Conditioned upon compliance with the terms and conditions of this EULA, GFI grants to customer a nonexclusive and nontransferable license to use for customer’s internal business purposes the software and the documentation for which customer has paid the required license fees. In order to use the software, customer may be required to input a registration number or product authorization key and register customer’s copy of the software on line at GFI’s web site to obtain the necessary license key or license file.

Customer’s license to use the software shall be limited to, and customer shall not use the software in excess of, a single hardware chassis or card or such number and types of agent(s), concurrent users, sessions, IPInternet protocol addresses, port(s), seat(s), server(s), site(s), or features and feature sets as are set forth in the applicable end user license agreement supplement and in the applicable purchase order accepted by GFI and for which customer has paid the required license fee.

Unless otherwise expressly provided in the documentation or any applicable supplemental license agreement, customer shall use the software solely as embedded in, for execution on, or (where the applicable documentation permits installation on non- GFI equipment) for communication with GFI equipment owned or leased by customer and used for customer’s internal business purposes. No other licenses are granted by implication, estoppel or otherwise.

General Limitations 

This is a license, not a transfer of title, to the software and documentation, and GFI retains ownership of all copies of the software and documentation. Customer acknowledges that the software and documentation contain trade secrets of GFI, its suppliers or licensors, including but not limited to the specific internal design and structure of individual programs and associated interface information. Except as otherwise expressly provided under this EULA, customer shall have no right, and customer specifically agrees not to:

1. transfer, assign or sublicense its license rights to any other person or entity, or use the Software on unauthorized or second-hand GFI equipment, and Customer acknowledges that any attempted transfer, assignment, sublicense or use shall be void;
2. make error corrections to or otherwise modify or adapt the Software or create derivative works based upon the Software, or permit third parties to do the same;
3. reverse engineer or decompile, decrypt, disassemble or otherwise reduce the Software to human-readable form, except to the extent otherwise expressly permitted under applicable law notwithstanding this restriction;
4. use or permit the Software to be used to perform services for third parties, whether on a service bureau or time sharing basis or otherwise, without the express written authorization of GFI; or
5. disclose, provide, or otherwise make available trade secrets contained within the Software and Documentation in any form to any third party without the prior written consent of GFI. Customer shall implement reasonable security measures to protect such trade secrets.

To the extent required by law, and at Customer's written request, GFI shall provide the Customer with the interface information needed to achieve interoperability between the Software and another independently created program, on payment of GFI's applicable fee, if any. Customer shall observe strict obligations of confidentiality with respect to such information and shall use such information in compliance with any applicable terms and conditions upon which GFI makes such information available.

Upgrades and Additional Copies

Notwithstanding any other provision of this EULA:

1. Customer has no license or right to use any additional copies or upgrades unless customer, at the time of acquiring such copy or upgrade, already holds a valid license to the original software and has paid the applicable fee for the upgrade or additional copies;
2. Use of upgrades is limited to GFI equipment for which customer is the original end user purchaser or lessee or who otherwise holds a valid license to use the software which is being upgraded; and
3. The making and use of additional copies is limited to necessary backup purposes only.

Proprietary Notices 

Customer agrees to maintain and reproduce all copyright and other proprietary notices on all copies, in any form, of the Software in the same form and manner that such copyright and other proprietary notices are included on the Software. Except as expressly authorized in this EULA, Customer shall not make any copies or duplicates of any Software without the prior written permission of GFI.

Term and Termination

This EULA and the license granted herein shall remain effective until terminated. Customer may terminate this EULA and the license at any time by destroying all copies of the Software and any Documentation. Customer’s rights under this EULA terminates immediately without notice from GFI if Customer fails to comply with any provision of this EULA. Upon termination, Customer shall destroy all copies of the Software and Documentation in its possession or control. In addition, the provisions of the sections titled “U.S. Government End User Purchasers” shall survive termination of this EULA.

1. use or permit the Software to be used to perform services for third parties, whether on a service bureau or time sharing basis or otherwise, without the express written authorization of GFI; or
2. disclose, provide, or otherwise make available trade secrets contained within the Software and Documentation in any form to any third party without the prior written consent of GFI. Customer shall implement reasonable security measures to protect such trade secrets.

To the extent required by law, and at Customer's written request, GFI shall provide the Customer with the interface information needed to achieve interoperability between the Software and another independently created program, on payment of GFI's applicable fee, if any. Customer shall observe strict obligations of confidentiality with respect to such information and shall use such information in compliance with any applicable terms and conditions upon which GFI makes such information available.

Export, Re-export, Transfer and Use controls

The software, documentation and technology or direct products thereof (hereafter referred to as software and technology), supplied by GFI under this EULA are subject to export controls under the laws and regulations of the United States (U.S.). Customer shall comply with such laws and regulations governing export, re-export, transfer and use of GFI software and technology and obtains all required U.S. and local authorizations, permits, or licenses. GFI and customer each agree to provide the other information, support documents, and assistance as may reasonably be required by the other in connection with securing authorizations or licenses.

Upgrades and Additional Copies

Notwithstanding any other provision of this EULA:

1. Customer has no license or right to use any additional copies or upgrades unless customer, at the time of acquiring such copy or upgrade, already holds a valid license to the original software and has paid the applicable fee for the upgrade or additional copies;
2. Use of upgrades is limited to GFI equipment for which customer is the original end user purchaser or lessee or who otherwise holds a valid license to use the software which is being upgraded; and
3. The making and use of additional copies is limited to necessary backup purposes only.

Proprietary Notices

Customer agrees to maintain and reproduce all copyright and other proprietary notices on all copies, in any form, of the Software in the same form and manner that such copyright and other proprietary notices are included on the Software. Except as expressly authorized in this EULA, Customer shall not make any copies or duplicates of any Software without the prior written permission of GFI.

Term and Termination

This EULA and the license granted herein shall remain effective until terminated. Customer may terminate this EULA and the license at any time by destroying all copies of the Software and any Documentation. Customer’s rights under this EULA terminates immediately without notice from GFI if Customer fails to comply with any provision of this EULA. Upon termination, Customer shall destroy all copies of the Software and Documentation in its possession or control. In addition, the provisions of the sections titled “U.S. Government End User Purchasers” shall survive termination of this EULA.

Government End User Purchasers

The software and documentation qualify as "commercial items," as that term is defined at federal acquisition regulation (“far”) (48 c.f.r.) 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in far 12.212. consistent with far 12.212 and DOD far supp. 227.7202-1 through 227.7202-4, and notwithstanding any other far or other contractual clause to the contrary in any agreement into which this EULA may be incorporated, customer may provide to government end user or, if this EULA is direct, government end user acquire, the software and documentation with only those rights set forth in this EULA. Use of either the software or documentation or both constitutes agreement by the government that the software and documentation are “commercial computer software” and “commercial computer software documentation,” and constitutes acceptance of the rights and restrictions herein.