Echelon IzoT NodeBuilder - Manual (Page 288)

comply with the above restrictions, will result in automatic termination of this license
and will make available to Echelon other legal remedies.
TERMINATION
This license will continue until terminated. Unauthorized copying of the Licensed
Software or failure to comply with the above restrictions will result in automatic
termination of this Agreement and will make available to Echelon other legal
remedies. This license will also automatically terminate if you go into liquidation,
suffer or make any winding up petition, make an arrangement with Your creditors, or
suffer or file any similar action in any jurisdiction in consequence of debt. Upon
termination of this license for any reason you will destroy all copies of the Licensed
Software. Any use of the Licensed Software after termination is unlawful.
TRADEMARKS
You may make appropriate and truthful reference to Echelon and Echelon products
and technology in Your company and product literature; provided that You properly
attribute Echelon’s trademarks and do not use the name of Echelon or any Echelon
trademark in Your name or product name. No license is granted, express or implied,
under any Echelon trademarks, trade names, trade dress, or service marks.
LIMITED WARRANTY AND DISCLAIMER
Echelon warrants to you that, for a period of ninety (90) days from the date of
delivery or transmission to You, the Licensed Software programs under normal use
will perform substantially in accordance with the Licensed Software specifications
contained in the Documentation. Echelon’s entire liability and Your exclusive
remedy under this warranty will be, at Echelon’s option and expense, to use
reasonable commercial efforts to attempt to correct or work around errors, to replace
the Licensed Software with functionally equivalent Licensed Software, or to
terminate this Agreement and accept return of the NodeBuilder Development Tool
and refund Your purchase price less a reasonable amount for use.
NOTWITHSTANDING THE FOREGOING, ECHELON MAKES NO
WARRANTIES WHATSOEVER WITH RESPECT TO THE NODEBUILDER
EXAMPLE APPLICATIONS.
EXCEPT FOR THE EXPRESS LIMITED WARRANTIES AND CONDITIONS
GIVEN BY ECHELON ABOVE, ECHELON AND ITS SUPPLIERS MAKE AND
YOU RECEIVE NO OTHER WARRANTIES OR CONDITIONS, EXPRESS,
IMPLIED, STATUTORY OR OTHERWISE OR IN ANY COMMUNICATION
WITH YOU, AND ECHELON AND ITS SUPPLIERS SPECIFICALLY DISCLAIM
ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY
QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR
NONINFRINGEMENT AND THEIR EQUIVALENTS. Echelon does not warrant
that the operation of the Licensed Software will be uninterrupted or error free or that
the Licensed Software will meet Your specific requirements.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS
274 Appendix D: Software License Agreement