Patton electronic 3034/3038 End User License Agreement, 1. Definitions, Title, Term, Warranty

Model 3034/3038 Getting Started Guide E • End user license agreement

End User License Agreement

By opening this package, operating the Designated Equipment or downloading the Program(s) electronically, the End User agrees to the following conditions:

1. Definitions

A)Effective Date shall mean the earliest date of purchase or download of a product containing the Patton Electronics Company Program(s) or the Program(s) themselves.

B)Program(s) shall mean all software, software documentation, source code, object code, or executable code.

C)End User shall mean the person or organization which has valid title to the Designated Equipment.

D)Designated Equipment shall mean the hardware on which the Program(s) have been designed and pro- vided to operate by Patton Electronics Company.

2. Title

Title to the Program(s), all copies of the Program(s), all patent rights, copyrights, trade secrets and proprietary information in the Program(s), worldwide, remains with Patton Electronics Company or its licensors.

3. Term

The term of this Agreement is from the Effective Date until title of the Designated Equipment is transferred by End User or unless the license is terminated earlier as defined in section “6. Termination” on page 58.

4. Grant of License

A)During the term of this Agreement, Patton Electronics Company grants a personal, non-transferable, non-assignable and non-exclusive license to the End User to use the Program(s) only with the Designated Equipment at a site owned or leased by the End User.

B)The End User may copy licensed Program(s) as necessary for backup purposes only for use with the Des- ignated Equipment that was first purchased or used or its temporary or permanent replacement.

C)The End User is prohibited from disassembling; decompiling, reverse-engineering or otherwise attempt- ing to discover or disclose the Program(s), source code, methods or concepts embodied in the Program(s) or having the same done by another party.

D)Should End User transfer title of the Designated Equipment to a third party after entering into this license agreement, End User is obligated to inform the third party in writing that a separate End User License Agreement from Patton Electronics Company is required to operate the Designated Equipment.

5. Warranty

The Program(s) are provided as is without warranty of any kind. Patton Electronics Company and its licensors disclaim all warranties, either express or implied, including but not limited to the implied warranties of mer- chantability, fitness for a particular purpose or non-infringement. In no event shall Patton Electronics Com- pany or its licensors be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use of or inability to use the Program(s), even if Patton Electronics Company has been advised of the possibil- ity of such damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

End User License Agreement 57