This Software Update Download Agreement is provided by Hitachi Telecom (USA), Inc. ("Hitel") only to its Authorized Distributors, in good standing, subject to the terms and conditions of the Authorized Distributor Agreement, including all licensing terms contained or referred to in Exhibit A thereto , and the following. You are not an Authorized Distributor unless you are a party to a current HCX5000/HCX5000i Authorized Distributor Agreement with Hitel. By downloading each software update, you represent and warrant that: you are a Hitel HCX5000/HCX5000i Authorized Distributor in good standing under a current Authorized Distributor Agreement; and, you have read, understood and will comply with all of the terms and conditions hereof.
1. You shall provide written notice to Hitel of each and every site to which you apply each software update and the Update Level for that site that is provided by this download, within twenty-four (24) hours of your application of this software update to the respective site(s).
2. You shall comply in all material respects with any and all instructions provided by Hitel relating to the application of this software update.
3. You shall download this software update in its entirety at each site to which you apply this software update. Partial downloads are prohibited.
4. After completely applying this software update to a system, you shall IMMEDIATELY perform a system reload.
5. You shall NOT distribute or copy this software update in any form, including electronic and/or printed copies.
6. You shall comply with whatever instructions Hitel may give, should Hitel determine this software update needs to be replaced, including all Hitel instructions relating to obtaining and applying replacement software.
7. You have agreed in writing that this Software Update Download Agreement is an Addendum to and incorporated in the Authorized Distributor Agreement between you and Hitel.
8. It is the responsibility of the Distributor to keep their sites at the current Software Update Level .
9. You are required to comply with the terms and conditions of the EXPORT CONTROL PROVISIONS as included in your current Authorized Distributor Agreement, including but not limited to the following:
DISTRIBUTOR represents and warrants that it shall not, directly or indirectly, export, re-export or transship PRODUCTS and/or technical data ( including downloaded system software updates ) in violation of any applicable export control laws promulgated and administered by the government of any country having jurisdiction over the parties or the transaction(s) contemplated herein.
