Echelon NodeUtil Node Utility User Manual

Page 37

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NodeUtil User’s Guide

31

(a) copy the Licensed Software (except as expressly permitted above),
(b) modify or translate any Licensed Software,

(c) modify, translate, reverse engineer, decompile, disassemble or otherwise

attempt (i) to defeat, avoid, bypass, remove, deactivate, or otherwise circumvent

any software protection mechanisms in the Licensed Software, including without
limitation any such mechanism used to restrict or control the functionality of the

Licensed Software, or (ii) to derive the source code or the underlying ideas,
algorithms, structure or organization from the Licensed Software, or
(d) distribute, rent, transfer or grant any rights in the Licensed Software (except

as expressly permitted above) in any form to any person without the prior written
consent of Echelon.
This license is not a sale. Title and copyrights to the Licensed Software and any

copies made by you remain with Echelon and its suppliers. Unauthorized copying
of the Licensed Software, 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 not use Echelon's name, logo or trademarks, except that You may make

appropriate and truthful reference to Echelon and Echelon products and

technology in Your company and product literature, in accordance with Echelon's
guidelines for use of its trademarks and provided that you properly attribute

Echelon's trademark. No license is granted, express or implied, under any

Echelon trademarks, trade names or service marks.

LIMITED WARRANTY AND DISCLAIMER
THIS LICENSED SOFTWARE IS PROVIDED "AS IS" WITHOUT
REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS,

IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY

IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY
PARTICULAR PURPOSE AND NONINFRINGEMENT. The entire risk as to

the quality and performance of the Licensed Software is borne by Recipient.

Should the Licensed Software prove defective, Recipient and not Echelon
assumes the entire cost of any service and repair.
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

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