Copyright © 2005 Data Design Corporation Version 05.02.06
All rights reserved.
37
TERMS AND CONDITIONS OF LICENSE REGARDING TR122 SOFTWARE SOURCE CODE:
PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING OR USING ANY SOURCE
CODE OR SOURCE CODE DOCUMENTATION RELATED TO THE TR122 PRODUCT (the “SOURCE CODE”). BY USING THE
SOURCE CODE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS, WHICH CONSTITUTE A LICENSE
AGREEMENT (the "AGREEMENT") BETWEEN YOU AND DATA DESIGN CORPORATION ("DATA DESIGN"). IN THE EVENT
THAT YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, DO NOT DOWNLOAD, COPY, OR USE THE
SOURCE CODE. THE SOURCE CODE IS GOVERNED SOLELY BY THIS AGREEMENT AND NOT BY ANY OTHER AGREEMENT
OR LICENSE THAT YOU MAY HAVE WITH DATA DESIGN, UNLESS PROVIDED IN WRITING. BY DOWNLOADING OR USING
THE SOURCE CODE, LICENSEE ACKNOWLEDGES THAT HE/SHE HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND
AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS
Under this Agreement, Data Design is providing source code for software related to the TR122 transient recorder product as delivered and
as may be amended or augmented via various mediums from time to time. LICENSEE MAY NOT USE, COPY, MODIFY, DISTRIBUTE,
SUBLICENSE OR TRANSFER THE SOURCE CODE, OR MERGED OR COMBINED PORTION THEREOF, IN WHOLE OR IN PART,
EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT. THE SOURCE CODE MAY NOT BE USED FOR ANY PURPOSE
OTHER THAN THE DEVELOPMENT OF SOFTWARE APPLICATIONS FOR THE TR122 PRODUCT.
“Source Code” means one or more hardware or software design files in source format.
“Licensee” means YOU, the user of the Source Code, under this Agreement.
License Subject to the terms and conditions of this Agreement, Data Design grants to Licensee, a non-transferable, non-exclusive, perpetual
license to use the Source Code. The Source Code, and the algorithms, concepts, techniques, methods and processes embodied therein, are
proprietary to Data Design. Data Design retains all rights with respect to the Source Code, including any copyright, patent, and other proprietary
rights, not expressly granted herein.
Licensee may implement the Source Code in a larger work, modify the Source Code, and create derivative works thereof. However, no copy or
derivative work may be presented for sale in any venue without the express written consent of Data Design. All such works must be applicable
only to use of the TR122 product. Any copy or portion of the Source Code, including any derivative works thereof, including any portion merged
into a design and any design or product that incorporates any portion of the Source Code, will continue to be subject to the terms and conditions
of this Agreement.
Any direct copies of the Source Code made by Licensee under this Agreement shall include all intellectual property notices, including copyright
and proprietary rights notices, appearing on the Source Code as provided by Data Design.
No License To Trademarks Data Design reserves exclusive use of any and all of its trademarks.
Term This Agreement is effective until terminated. Licensee may terminate this agreement at any time by destroying the Source Code together
with all copies, derivative works and portions thereof in any form (including any portions merged into a design). This Agreement will also
terminate immediately upon Licensee’s material breach or if Licensee fails to comply with any term or condition of this Agreement. Upon any
termination of this Agreement, the license and rights of License under this Agreement shall terminate, and Licensee shall destroy the Source
Code, including all copies, derivative works and portions thereof in any form (including any portions thereof merged into a design).
Payment The Source Code is being provided to Licensee at no cost, except to the extent that the Source Code may only be used in conjunction
with a product which Data Design offers for sale. Data Design shall be compensated for any customization of the Source Code performed
by Data Design as agreed upon in writing by the parties.
No Warranties, Support, or Maintenance THE SOURCE CODE IS PROVIDED TO LICENSEE "AS-IS". LICENSEE ALSO AGREES
THAT DATA DESIGN DOES NOT PROVIDE MAINTENANCE OR SUPPORT FOR THE SOURCE CODE. NO WARRANTIES,
REPRESENTATIONS, OR GUARANTIES, EITHER EXPRESS OR IMPLIED, ARE MADE WITH RESPECT TO THE SOURCE CODE,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE OR NON-INFRINGEMENT. LICENSEE ASSUMES THE ENTIRE RISK AS TO THE QUALITY, COMPLETENESS AND
PERFORMANCE OF THE SOURCE CODE AND ANY DESIGN OR PRODUCT IN WHICH THE SOURCE CODE MAY BE USED.
SHOULD THE SOURCE CODE PROVE DEFECTIVE, DATA DESIGN ASSUMES NO LIABILITY FOR ANY COST OF ANY
NECESSARY SERVICING, REPAIR, OR CORRECTION. Some jurisdictions do not allow the exclusion of implied warranties, so the above
exclusion may not apply to you in full, but shall be interpreted to apply to the maximum extent permissible under applicable law. DATA
DESIGN DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOURCE CODE WILL MEET ANY REQUIREMENTS,
OR THAT THE OPERATION OF THE SOURCE CODE WILL BE UNINTERRUPTED OR ERROR-FREE. LICENSEE ALSO ASSUMES
RESPONSIBILITY FOR THE SELECTION OF THE SOURCE CODE TO ACHIEVE INTENDED RESULTS AND FOR THE
INSTALLATION, USE, AND RESULTS OBTAINED FROM THE SOURCE CODE.
To Next Page
Loading...
Need help?
General