END-USER LICENSE AGREEMENT FOR SCKR COMMUNICATION LINK SOFTW ARE
IMPORTANT --- READ CAREFULLY: This is a legal agreement between the end u ser (“YOU”), and Food Automation Service Techn iques, Inc.
(“FAST”), the supplier of the SCKR Communication Link Software (the “SCKR Link Software”) which is embedded within the controller of this ap-
pliance purchased from the BLODGETT OVEN COMPANY (“COMPANY”). The SCKR Link Software includes computer software, the associated
media, operational instructions, and any printed materials. The SCKR Link Software is used to establish communication to and from a terminal,
computer, server or another controller. By using the SCKR Link Software you agree to be bound by the terms of this End-User License Agreement
(“EULA”). If you do not agree to the terms of this EULA, promptly contact the COMPANY or FAST, and a controller that does not contain the SCKR
Link Software will be provided as a replacement.
Software Product License
The SCKR Link Software is copyrighted and is protected by United States copyright laws and international treaty provisions. The SCKR Link Soft-
ware is licensed, not sold. Title, ownership rights, and intellectual property rights in the SCKR Link Software remains with FAST. You may not remove
any copyright notice of the SCKR Link Software as well as the identification mark “SCKR Communication Link” located on the front panel and com-
munication port of the controller.
8. License: FAST grants to you a non-transferable, nonexclusive license to:
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use the SCKR LinkSoftware embedded within the controller only if such controller is temporarily connected to a single terminal or computer
for the exclusive purpose of configuring the operating parametersand testing of this appliance. The SCKR Link Software may only be used
with the controller.
You may not, unless under a separately purchased SCKR Network License from FAST:
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use the SCKR Link Software for peer-to-peer networking or networking of multiple FAST controllers;
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use the SCKR Link Software for the purpose of p ermanently connecting the FAST controller to a terminal, a computer, server or another
controller.
This requirement stands whether y ou purchased a server from FAST, third party application software or develop an application yourself.
9. Copyright: You agree that the SCKR Link Software is the property of FAST and is proprietary to them. You agree to use your best efforts to
prevent and protect, the contents of the SCKR Link Software, or any part of, from unauthorized use or disclosure.
10. License Fee: The SCKR Link Software license is granted in consideration for the license fee which has been paid by the C O MPANY. The li-
cense fee may have been charged separately when you purchased your controller or included in the total purchase price of the controller.
11. De scription of Other Rights and Limitations: You may not:
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modify, network, rent, loan, distribute, sublicense or create derivative works based upon the SCKR Link Software in whole or in part or
electronically transmit the SCKR Link Software over a network.
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disassemble, reverse compile, translate or decipher the software or protocols of the SCKR Link Software, in whole or in part, for any pur-
pose.
No license under any existing or future patents to which FAST has rights, interest or title thereto is g ranted by FAST to you except that which is
necessary for the limited use of the SCKR Link Software in the form p rovided to you and as authorized herein.
The SCKR Link Software contains copyrighted material, trad e secrets and other proprietary material and in order to protect them you may not de-
compile, reverse engineer, disassemble or otherwise reduce the SCKR Link Software to a human-perceivable form.
All your rights under the EULA are transferred with the controller, and the recipient agrees to abide by the terms of the EULA. Once you have trans-
ferred the controller all your rights under this EULA are terminated.
12. Termination: Without prejudice to any other rights, FAST may terminate this EULA without refund if you failto comply with the terms and condi-
tionsofthisEULA.
13. Limited Warranty: FAST WARRANTS THAT THE SCKR LINK SOF TWARE WILL, UNDER NORMAL AND ANTICIPATED USE, AND WHEN
USED IN THE SPECIFIED OPERATING CONDITIONS, BE FREE FROM MATERIAL OPERATING DEFECTS FOR TWO (2) YEARS FROM THE
DATE O F PURCHASE. IF ANY C L AIM IS MADE THAT THE SCKR LINK SOFTWARE INFRINGES THIRD PARTY INTELLECTUAL PROPERTY,
FAST’S OBLIGATIONS SHALL BE EXCLUSIVELY SET FORTH IN 2-312(3) AND 2-607 OF THE CONNECTICUT UCC. FAST WILL BE OBLI-
GATED ON ANY CLAIM ONLY IF (1) YOU HAVE PROVIDED US WITH PROMPT NOTIC E OF ANY SUCH CLAIM; AND (2) ANY SUCH C LAIM
IS NOT BASED UPON YOUR FAILURE TO INSTALL AND OPERATE THE GOODS IN ACCORDANCE WITH OUR SPECIFICATIONS AND DI-
RECTIONS; AND (3) ANY SUCH CLAIM IS NOT ATTRIBUTABLE TO EQUIPMENT OR OTHER DEVICES SUPPLIED BY ANYONE BUT FAST;
AND (4) YOU ALLOW US TO CONTROL THE DEFENSE AGAINST OR OTHER OPPOSITION TO SUCH CLAIM, INCLUDING THE SETTLE-
MENT OF SUCH CLAIM AND ANY RELATED PROCEEDINGS.
14. No Other Warranties: EXCEPT AS SET FORTH ABOVE, FAST DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED , INCLUDING
WITHOUT LIMITATION, ANY WARRANTIES AS TO THE SUITABILITY, MERCHANTABILITY OR FITNESS WITH REGARD TO THE SCKR LINK
SOFTWARE.
15. No Liability for Consequential Damages: IN NO EVENT SHALL FAST BE LIABLE FOR ANY LOST OR ANTICIPATED PROFITS, OR ANY
INCIDENTAL,EXEMPLARY,SPECIAL,ORCONSEQUENTIALDAMAGESARISINGOUTOFTHEUSEOFORINABILITYTOUSETHESCKR
LINK SOFTWARE, REGARDLESS OF WHETHER FAST WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS
DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIM-
ITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL FAST’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES
AND CAUSES OF ACTION, WHETHER IN C O NTRAC T, TORT, NEGLIGENCE OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU FOR
THE SCKR LINK SOFTWARE.
16. U.S. Government Restricted Rights: The SCKR Link Software is provided with “Restricted Rights.” Use, duplication or disclosure by the
government is subject to restrictions as set forth in FAR52.227-19 and DFAR252.227-7013 et seq. or its successor. Use of the SCKR Link Soft-
ware by the Government constitutes acknowledgment of FAST’s proprietary rights in them. Manufacturer is Food Automation Service Tech-
niques, Inc. Stratford Connecticut.
THIS SOFTWARE LICENSE AGREEMENT AND WARRANTY ARE GOVERNED BY THE LAWS OF THE STATE OF CONNECTICUT, U.S.A.
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