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END USER LICENSE AGREEMENTS
READ BEFORE USING THE ACCOMPANYING SOFTWARE
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THE ACCOMPANYING
SOFTWARE, THE USE OF WHICH IS LICENSED FOR USE ONLY AS SET FORTH BELOW. IF YOU DO NOT AGREE TO THE
TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE. IF YOU USE ANY PART OF THE
SOFTWARE, SUCH USE WILL INDICATE THAT YOU ACCEPT THESE TERMS.
You have acquired a product that includes Opengear (“Opengear”) proprietary software and/or proprietary software
licensed to Opengear. This Opengear End User License Agreement (“EULA”) is a legal agreement between you (either
an individual or a single entity) and Opengear for the installed software product of Opengear origin, as well as
associated media, printed materials, and “online” or electronic documentation (“Software”). By installing, copying,
downloading, accessing, or otherwise using the Software, you agree to be bound by the terms of this EULA. If you do
not agree to the terms of this EULA, Opengear is not willing to license the Software to you. In such event, do not use or
install the Software. If you have purchased the Software, promptly return the Software and all accompanying
materials with proof of purchase for a refund.
Products with separate end user license agreements that may be provided along with the Software are licensed to you
under the terms of those separate end user license agreements.
LICENSE GRANT. Subject to the terms and conditions of this EULA, Opengear grants you a nonexclusive right and
license to install and use the Software on a single CPU, provided that, (1) you may not rent, lease, sell, sublicense or
lend the Software; (2) you may not reverse engineer, decompile, disassemble or modify the Software, except and only
to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; and (3) you
may not transfer rights under this EULA unless such transfer is part of a permanent sale or transfer of the Product,
you transfer at the same time all copies of the Software to the same party or destroy such materials not transferred,
and the recipient agrees to this EULA.
No license is granted in any of the Software’s proprietary source code. This license does not grant you any rights to
patents, copyright, trade secrets, trademarks or any other rights with respect to the Software.
You may make a reasonable number of copies of the electronic documentation accompanying the Software for each
Software license you acquire, provided that, you must reproduce and include all copyright notices and any other
proprietary rights notices appearing on the electronic documentation. Opengear reserves all rights not expressly
granted herein.
INTELLECTUAL PROPERTY RIGHTS. The Software is protected by copyright laws, international copyright treaties, and
other intellectual property laws and treaties. Opengear and its suppliers retain all ownership of, and intellectual
property rights in (including copyright), the Software components and all copies thereof, provided however, that (1)
certain components of the Software, including SDT Connector, are components licensed under the GNU General
Public License Version 2, which Opengear supports, and (2) the SDT Connector includes code from JSch, a pure Java
implementation of SSH2 which is licensed under BSD style license. Copies of these licenses are detailed below and
Opengear will provide source code for any of the components of the Software licensed under the GNU General Public
License upon request.
EXPORT RESTRICTIONS. You agree that you will not export or re-export the Software, any part thereof, or any process
or service that is the direct product of the Software in violation of any applicable laws or regulations of the United
States or the country in which you obtained them.
U.S. GOVERNMENT RESTRICTED RIGHTS. The Software and related documentation are provided with Restricted
Rights. Use, duplication, or disclosure by the Government is subject to restrictions set forth in subparagraph (c) (1) (ii)
of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c) (1) and
(2) of the Commercial Computer Software – Restricted Rights at 48 C.F.R. 52.227-19, as applicable, or any successor
regulations.
TERM AND TERMINATION. This EULA is effective until terminated. The EULA terminates immediately if you fail to
comply with any term or condition. In such an event, you must destroy all copies of the Software. You may also
terminate this EULA at any time by destroying the Software.
GOVERNING LAW AND ATTORNEY’S FEES. This EULA is governed by the laws of the State of Utah, USA, excluding its
conflict of law rules. You agree that the United Nations Convention on Contracts for the International Sale of Goods is
hereby excluded in its entirety and does not apply to this EULA. If you acquired this Software in a country outside of
the United States, that country’s laws may apply. In any action or suit to enforce any right or remedy under this EULA
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