Patton electronic 2977 user manual Software License Agreements

Model 2977 DialFire RAS User Manual A • Software License Agreements

Agreement for using the DialFire driver software with the Microsoft Windows 2000 operating system

LICENSE. Patton Electronics Company, Inc. grants to you only a non-assignable, nonexclusive and non- transferable license to use the software contained on this media (hereinafter "Patton Software") subject to the terms and conditions of this Software License Agreement. Your use will be limited to an object code version of the Patton Software. Your use of the Patton Software will be limited to one computer. The license will com- mence on the day you receive the Patton Software and will continue until this license is terminated by its own terms and conditions. You may make one copy of the Patton Software, but only for archival or backup pur- poses, and if you do make that additional copy, you agree to reproduce all copyright and other proprietary rights notices that appear on the Patton Software. You are granted only a limited license to use the Patton Soft- ware, and Patton retains all right, title, interest and ownership in and to the Patton Software, which includes all rights arising under the patent, copyright, trade secret or trademark laws of the United States or any foreign jurisdiction.

CONFIDENTIALITY. You understand and agree that the Patton Software contains valuable confidential and trade secret information which is the extremely valuable property of Patton. You agree to expend all necessary efforts to ensure that the Patton Software is not disclosed or made available to any third party or any employee or contractor that doesn't have a need to know.

REVERSE ENGINEERING. You agree not to disassemble, decompile or reverse engineer the Patton Software under any circumstances.

WARRANTIES. Patton warrants only that: (a) the media upon which you receive Patton Software will be free of defects in material and workmanship for a period of ninety (90) days from your receipt of the Patton Soft- ware; and (b) that if the Patton Software is supplied to you electronically, and there is an error in transmission, and you inform us of that error within ninety days of your receipt of the Patton Software, Patton will re-trans- mit the Software to you. YOU UNDERSTAND AND AGREE THAT EXCEPT AS STATED ABOVE, THE PATTON SOFTWARE IS SUPPLIED 'AS IS,' AND PATTON EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, GUARANTEES, OR REMEDIES WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MER- CHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

LIABILITY LIMITATIONS. UNDER NO CIRCUMSTANCES WILL PATTON OR ANY OF ITS DIS- TRIBUTORS OR SUPPLIERS BE LIABLE FOR LOSS OF DATA, REPROCUREMENT COSTS, LOST REVENUE OR PROFITS OR ANY OTHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAM- AGES, EVEN IF THOSE DAMAGES WERE FORESEEABLE OR YOU HAVE INFORMED PATTON OF POTENTIAL LIABILITY. PATTON'S TOTAL LIABILITY TO YOU FOR DAMAGES FOR ANY REASON SHALL NOT EXCEED THE PRICE ACTUALLY PAID TO PATTON BY YOU FOR THE PRODUCT ASSOCIATED WITH THE SOFTWARE.

TITLE AND OWNERSHIP. You acknowledge and agree that Patton retains all right, title and interest in and to the Software. You agree to indemnify, defend and hold harmless Patton against any loss suffered or expendi- ture made by Patton arising from an assertion of an interest in or title to the Patton Software by you and against any breach by you of any copyright, patent rights, or any other rights in the Patton Software.

TERMINATION. You acknowledge and agree that Patton may terminate your license and use of the Patton Software without notice if, at any time, you fail to comply with a material term or condition of this Software License Agreement. Immediately upon termination of this license, you will return all copies of the Patton Soft- ware to Patton, together with all documentation, modifications and enhancements thereto, or at Patton's

Agreement for using the DialFire driver software with the Microsoft Windows 2000 operating system 57