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- mBED END USER LICENSE AGREEMENT
- REDISTRIBUTION NOT PERMITTED
- (Electronic Version)
-
- BY CLICKING ON THE "YES" BUTTON, YOU ARE CONSENTING TO
- BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF
- THE TERMS OF THIS AGREEMENT, CLICK THE "NO"
- BUTTON AND THE INSTALLATION PROCESS WILL NOT CONTINUE.
-
-
- 1. GRANT OF LICENSE. Subject to payment of applicable
- license fees, mBED Software, Inc., San Francisco,
- California ("mBED") grants you a non-exclusive license to
- use this mBED software (the "Software") and any
- accompanying documentation ("Documentation"), in the manner
- provided in Section 2 below.
-
- 2. TERMS APPLICABLE TO LICENSE GRANTS:
-
- YOU MAY:
-
- A. Use the Software on any single computer.
-
- B. Use the Software on a network, provided that each person
- accessing the Software through the network must have a copy
- licensed to that person.
-
- C. Use the Software on a second computer so long as only
- one copy is used at a time.
-
- D. Copy the Software for archival purposes, provided that
- any copy must contain all of the original Software's
- proprietary notices.
-
- E. If you have purchased licenses for multiple copies of
- the Software, make the number of copies of Software (but
- not the Documentation) which the invoice states you have
- paid for, provided that each copy made must contain all of
- the original Software's proprietary notices, including a
- complete reiteration of this End User License Agreement.
-
- YOU MAY NOT:
-
- A. Permit other individuals to use the Software except
- under the terms listed above.
-
- B. Permit concurrent use of the Software.
-
- C. Decompile or disassemble the Software or in any manner
- reverse engineer the Software or back develop algorithms
- for the Software for any purpose whatsoever.
-
- D. Copy or permit copying of the Software, other than as
- specified above.
-
- E. Remove any proprietary notices from the Software.
-
- F. Prepare modifications or adaptations of the Software or
- create derivative works based on the Software.
-
- G. Lease, sell, license, distribute or otherwise transfer
- interests in the Software.
-
- H. Bundle or otherwise combine the Software with any other
- software or product for any purpose.
-
- 3. LIMITED WARRANTY. mBED warrants that for a period of
- sixty (60) days from the date of acquisition, the Software,
- if operated as directed, will substantially achieve the
- functionality described in the Documentation. mBED's sole
- liability for any breach of this warranty shall be, in
- mBED's sole discretion: (i) to replace the defective
- Software; or (ii) to advise you how to achieve
- substantially the same functionality with the Software as
- described in the Documentation through a procedure
- different from that set forth in the Documentation; or
- (iii) if the above remedies are impracticable, to refund
- the license fee you paid for the Software. Repaired,
- corrected or replaced Software and Documentation shall be
- covered by this limited warranty for the period remaining
- under the original warranty , or if longer, for thirty (30)
- days after the date (a) of delivery or
- downloading/installation of the repaired or replaced
- Software, or (b) mBED advises you how to operate the
- Software so as to achieve the functionality described in
- the Documentation. Only if you inform mBED of your problem
- with the Software during the applicable warranty period and
- provide evidence of the date you purchased a license to the
- Software will mBED be obligated to honor this warranty.
- mBED will use reasonable commercial efforts to repair,
- replace, advise or refund pursuant to the foregoing
- warranty within 30 days of being so notified.
-
- THIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE
- BY mBED OR ITS SUPPLIERS. mBED MAKES NO OTHER EXPRESS
- WARRANTY AND NO WARRANTY OF NONINFRINGEMENT OF THIRD
- PARTIES' RIGHTS. THE DURATION OF IMPLIED WARRANTIES,
- INCLUDING WITHOUT LIMITATION THE WARRANTIES OF
- MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IS
- LIMITED TO THE ABOVE LIMITED WARRANTY PERIOD. SOME
- JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN
- IMPLED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT
- APPLY TO YOU. NO mBED DEALER, RETAILER, DISTRIBUTOR, AGENT
- OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS,
- EXTENSIONS, OR ADDITIONS TO THIS WARRANTY. If any
- modifications are made to the Software by you during the
- warranty period or if you violate the terms of this
- Agreement, then this warranty shall immediately be
- terminated. This warranty shall not apply if the Software
- is used on or in conjunction with hardware or software
- other than the unmodified version of the hardware and
- software with which the Software was designed to be used as
- described in the Documentation, THIS WARRANTY GIVES YOU
- SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER LEGAL RIGHTS
- THAT VARY BY JURISDICTION.
-
- 4. TITLE. Title, ownership rights, and intellectual
- property rights in the Software shall remain exclusively in
- mBED. The Software is protected by copyright and other
- intellectual property laws and by international treaties.
-
- 5. TERMINATION. This license is effective until
- terminated. You may terminate this license at any time by
- destroying the Software, the Documentation, and all copies
- thereof. This license will terminate automatically upon
- your failure to comply with the restrictions set forth
- above. Upon termination of this license, you agree to
- destroy the Software, the Documentation, and all copies
- thereof.
-
- 6. MISCELLANEOUS. This Agreement represents the complete
- agreement between the parties pertaining to the subject
- matter hereof, and supersedes any and all written or oral
- agreements previously existing between the parties with
- respect to such subject matter. If any provision of this
- Agreement is held to be unenforceable, such provision shall
- be reformed only to the extent necessary to make it
- enforceable. This Agreement shall be governed by
- California law (except for conflict of law provisions).
- The application of the United Nations Convention of
- Contracts for the International Sale of Goods is expressly
- excluded. If you have any questions regarding the nature
- and extent of the license granted hereby, please write to
- mBED Software, Inc., 185 Berry Street, Suite 3807, San
- Francisco, California 94107.
-
- 7. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND
- UNDER NO LEGAL THEORY, TORT, CONTRACT OR OTHERWISE, SHALL
- mBED OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY
- OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR
- CONSEQUENTIAL DAMAGES OR LOSS OF ANY CHARACTER INCLUDING
- WITHOUT LIMITATION, DAMAGES FOR COMPUTER FAILURE OR
- MALFUNCTION, OR ANY OTHER LOSSES THAT RESULT FROM THE USE
- OF THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF mBED or
- any mBED AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE
- POSSIBILITY THAT mBED'S TOTAL LIABILITY FOR ALL DAMAGES,
- LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT,
- INCLUDING NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID
- BY YOU FOR THE SOFTWARE. SOME STATES DO NOT ALLOW THE
- EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
- DAMAGES, SO THAT THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
-
- 8. U.S. GOVERNMENT END USER. The Software is a "commercial
- item," as that term is defined in 48 C.F.R. 2.101 (Oct.
- 1995), consisting of "commercial computer software" and
- "commercial computer software documentation", as such terms
- are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with
- 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1, users acquire
- the Software with only those rights set forth herein.
-
- 9. EXPORT CONTROLS. None of the Software or underlying
- information or technology may be downloaded or otherwise
- exported or reexported (i) into (or to a national or
- resident of) Cuba, Iraq, Libya, Yugoslavia, North Korea,
- Iran, Syria or any other country to which the U.S. has
- embargoed goods; or (ii) to anyone on the U.S. Treasury
- Department's list of Specially Designated Nationals or the
- U.S. Commerce Department's Table of Denial Orders. By
- downloading or using the Software, you are agreeing to the
- foregoing and you are representing and warranting that you
- are not located in, under the control of, or a national or
- resident of any such country or on any such list.
-