Echelon IzoT Resource Editos User Manual

Page 86

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Appendix B: NodeBuilder Resource Editor Software License Agreement

This license is not a sale. Title, copyrights and all other rights to the Licensed

Software and any copy made by You remain with Echelon and its suppliers.

Unauthorized copying of the Licensed Software or the accompanying documentation,

or failure to 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.

WARRANTY DISCLAIMER

THE LICENSED SOFTWARE IS PROVIDED “AS IS”. ECHELON AND ITS

SUPPLIERS MAKE AND YOU RECEIVE NO WARRANTIES OR CONDITIONS

WITH RESPECT TO THE LICENSED SOFTWARE AND ECHELON AND ITS

SUPPLIERS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES AND

CONDITIONS INCLUDING THE WARRANTIES AND CONDITIONS OF

MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A

PARTICULAR PURPOSE, 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

MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT

VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

LIMITATION OF LIABILITY

IN NO EVENT WILL ECHELON OR ITS SUPPLIERS BE LIABLE FOR LOSS OF

OR CORRUPTION TO DATA, LOST PROFITS OR LOSS OF CONTRACTS,

COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR OTHER DIRECT,

SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR INDIRECT

DAMAGES, LOSSES, COSTS OR EXPENSES OF ANY KIND ARISING FROM

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