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LICENSE.TXT
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LICENSE.TXT
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RTD END-USER LICENSE AGREEMENT
IMPORTANT - REVIEW THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE
INSTALLING OR USING THE SOFTWARE PROVIDED TO YOU ON COMPACT DISC, VIA WEB OR
FTP SITE, OR ON ANOTHER MEDIUM OR THROUGH ANOTHER DELIVERY MECHANISM.
BY DOWNLOADING, COPYING, INSTALLING, OR USING THIS SOFTWARE OF RTD EMBEDDED
TECHNOLOGIES, ITS SUBSIDIARIES, AND ITS SUPPLIERS (RTD), YOU (LICENSEE) ARE
AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.
DO NOT DOWNLOAD, COPY, INSTALL, OR USE THIS SOFTWARE UNTIL YOU HAVE CAREFULLY
READ AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO
THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT DOWNLOAD, COPY, INSTALL, OR
USE THIS SOFTWARE; IF YOU HAVE RECEIVED A COPY ON COMPACT DISC OR ANOTHER
MEDIUM, PLEASE PROMPTLY RETURN THE SOFTWARE UNUSED TO RTD.
1. RTD Definition: RTD means RTD Embedded Technologies, Inc. (formerly known
as Real Time Devices USA, Inc.), its subsidiaries, and its Suppliers.
2. Software Definition: Software means any of the Software provided under
this Agreement on compact disc, via a web or FTP site, or on another medium,
or through another delivery mechanism to include SOURCE CODE, SOFTWARE AND
FUNCTION LIBRARIES, EXAMPLE PROGRAMS, TEST PROGRAMS AND APPLICATIONS, and USER
MANUALS AND DOCUMENTATION.
3. Ownership and Copyright of Software: Title to the Software and all copies
thereof remain with RTD. The Software is copyrighted and is protected by
United States copyright laws and international treaty provisions. You will
not remove the copyright notice from the Software. You agree to prevent any
unauthorized copying of the Software.
4. License: RTD grants the Licensee the right to use this Software under the
following conditions
a. NO PART OF THE COMPILED SOFTWARE OR SOURCE CODE MAY BE USED OR ADAPTED
TO SUPPORT OR WORK ON ANY DEVICE OR BOARD NOT ORIGINALLY MANUFACTURED AND
SUPPLIED BY RTD.
b. Ready compiled programs must carry the name of RTD Embedded
Technologies. This information may not be modified in the case of
recompilation.
c. All Source Code, original or modified, must carry a complete
description of the original source and holder of rights of the source
code.
d. This condition of use description must follow with the Software package
if it is delivered with a product.
5. Limitations on Reverse Engineering, Decompilation, and Disassembly: You may
not reverse engineer, decompile, or disassemble the Licensed Software.
6. Termination: Without prejudice to any other rights, RTD may terminate this
Agreement if you fail to comply with the terms and conditions of this
Agreement. In such event, you must destroy all copies of the Licensed Software
and all of its component parts.
7. Disclaimer On Warranties: To the maximum extent permitted by applicable
law, RTD provides the Software and any (if any) support services related to
the Software ("Support Services") AS IS AND WITH ALL FAULTS, and hereby
disclaim all warranties and conditions, either express, implied or statutory,
including, but not limited to, any (if any) implied warranties or conditions
of merchantability, of fitness for a particular purpose, of lack of viruses,
of accuracy or completeness of responses, of results, and of lack of
negligence or lack of workmanlike effort, all with regard to the Software, and
the provision of or failure to provide Support Services. ALSO, THERE IS NO
WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION,
CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT, WITH REGARD TO THE PRODUCT.
THE ENTIRE RISK AS TO THE QUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF
THE SOFTWARE AND SUPPORT SERVICES, IF ANY, REMAINS WITH THE LICENSEE.
No oral or written advice or information given by RTD shall create a warranty
of any kind or increase in any way the limited warranty, and the customer may
not rely on any such information or advice.
8. Limitation of Liability. To the maximum extent permitted by applicable law,
in no event shall RTD, its subsidiaries, or its suppliers be liable for any
special, incidental, indirect, or consequential damages whatsoever (including,
but not limited to, damages for loss of profits or confidential or other
information, for business interruption, for personal injury, for loss of
privacy, for failure to meet any duty including of good faith or of reasonable
care, for negligence, and for any other pecuniary or other loss whatsoever)
arising out of or in any way related to the use of or inability to use the
Software, the provision of or failure to provide Support Services, or
otherwise under or in connection with any provision of License Agreement, and
even if RTD, its subsidiaries, or its suppliers has been advised of the
possibility of such damages.
9. Audit: RTD reserves the right to conduct or have conducted audits to
verify your compliance with this License Agreement.
10. U.S. Government Export Restrictions: The Licensee acknowledges that this
Software may be subject to the export control laws and regulations of the
United State, and any amendments thereof. The Licensee is responsible for
complying with all trade regulations and laws both foreign and domestic. The
Licensee acknowledges that none of the Software or underling information or
technology may be downloaded or otherwise exported or re- exported (i) into
(or to a national or resident of) any country subject to a U.S. embargo; (ii)
to anyone on the U.S. Treasury Department’s list of Specially Designated
Nationals or the U.S. Commerce Department’s Denied Parties List or Entity
List; or (iii) to any one you know or have reason to know will utilize this
Software in the development or production of nuclear, chemical, or biological
weapons. By downloading the Software from a compact disc, via a web or FTP
site, or on another medium or through another delivery mechanism you are
agreeing to the foregoing and are representing and warranting that (i) no U.S.
federal agency has suspended, revoked, or denied you export privileges, (ii)
you are not located in or under the control of a national or resident of any
such country or on any such list, and (iii) you will not export or re-export
the Software to any prohibited country, or to any prohibited person, entity,
or end-user as specified by U.S. or other Government export controls. You
further acknowledge that the Software may include technical data subject to
export and re-export restrictions imposed by United States law. You shall, at
your own expense, obtain and arrange for the maintenance in full force and
effect of all governmental approvals, consents, licenses, authorizations,
declarations, filings, and registrations as may be necessary or advisable for
the performance of all of the terms and conditions of the Agreement, including
but not limited to, foreign exchange approvals, import and offer agent
licenses, fair trade approvals and all approvals which may be required to
realize the purpose of the Agreement.
11. Applicable Laws: Any litigation arising under or relating to this License
Agreement shall be brought and jurisdiction and venue shall be proper only in
a state or federal district court in RTD’s choice of County.