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24 FIRMWARE LICENSE
SCADAMETRICS
FIRMWARE LICENSE AGREEMENT
1. This agreement covers licensing terms for all firmware that is provided within computer memory that is a part of this
EtherMeter Appliance.
2. This is an agreement between Licensor (SCADAmetrics) and Licensee, who is being licensed to use the
SCADAmetrics Firmware Suite.
3. Licensee acknowledges that this is only a limited nonexclusive license. Licensor is and remains the owner of all titles,
rights, and interests in the Firmware.
4. The firmware is integral to the EtherMeter appliance, and this License forbids the Licensee to install the Firmware on
additional computers and/or devices. Licensee will not make copies of the Firmware or allow copies of the Firmware to be
made by others, unless authorized by this License Agreement.
5. This License forbids the decompilation, disassembly, reverse engineering or modification the Firmware or any portion of
it; and this License forbids any attempt to bypass, unlock, or disable any protective or initialization system on the
Firmware.
6. This Firmware is subject to a limited warranty. Licensor warrants to Licensee that the physical medium on which this
Firmware is distributed is free from defects in materials and workmanship under normal use, the Firmware will perform
according to its printed documentation, and to the best of Licensor's knowledge Licensee's use of this Firmware according
to the printed documentation is not an infringement of any third party's intellectual property rights. This limited warranty
lasts for a period of ONE (1) YEAR after delivery. To the extent permitted by law, THE ABOVE-STATED LIMITED
WARRANTY REPLACES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND LICENSOR DISCLAIMS ALL
IMPLIED WARRANTIES INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY,
NONINFRINGEMENT, OR OF FITNESS FOR A PARTICULAR PURPOSE. No agent of Licensor is authorized to make
any other warranties or to modify this limited warranty. Any action for breach of this limited warranty must be commenced
within ONE (1) YEAR of the expiration of the warranty. Because some jurisdictions do not allow any limit on the length of
an implied warranty, the above limitation may not apply to this Licensee. If the law does not allow disclaimer of implied
warranties, then any implied warranty is limited to ONE (1) YEAR after delivery of the Firmware to Licensee. Licensee has
specific legal rights pursuant to this warranty and, depending on Licensee's jurisdiction, may have additional rights.
7. In case of a breach of the Limited Warranty, Licensee's exclusive remedy is as follows: Licensee will return all copies of
the Firmware to Licensor, at Licensee's cost, along with proof of purchase. (Licensee can obtain a step-by-step
explanation of this procedure, including a return authorization code, by contacting Licensor at 595 VISTA HILLS,
EUREKA, MISSOURI 63025 USA (636)938-9633.) At Licensor's option, Licensor will either send Licensee a replacement
copy of the Firmware, at Licensor's expense, or issue a full refund.
8. Notwithstanding the foregoing, LICENSOR IS NOT LIABLE TO LICENSEE FOR ANY DAMAGES, INCLUDING
COMPENSATORY, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES,
CONNECTED WITH OR RESULTING FROM THIS LICENSE AGREEMENT OR LICENSEE'S USE OF THIS
FIRMWARE. Licensee's jurisdiction may not allow such a limitation of damages, so this limitation may not apply.
9. Licensee agrees to defend and indemnify Licensor and hold Licensor harmless from all claims, losses, damages,
complaints, or expenses connected with or resulting from Licensee's business operations.
10. Licensor has the right to terminate this License Agreement and Licensee's right to use this Firmware upon any
material breach by Licensee.
11. Licensee agrees to return to Licensor or to destroy all copies of the Firmware upon termination of the License.
12. This License Agreement is the entire and exclusive agreement between Licensor and Licensee regarding this
Firmware. This License Agreement replaces and supersedes all prior negotiations, dealings, and agreements between
Licensor and Licensee regarding this Firmware.
13. This License Agreement is governed by the law of MISSOURI applicable to MISSOURI contracts.
14. This License Agreement is valid without Licensor's signature. It becomes effective upon the earlier of Licensee's
signature or Licensee's use of the Firmware.
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