Echelon NodeUtil Node Utility User Manual

Page 38

Advertising
background image

32

License Agreement

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

SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR INDIRECT

DAMAGES ARISING FROM THE SUPPLY OR USE OF THE LICENSED
SOFTWARE, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY

(INCLUDING NEGLIGENCE). THIS LIMITATION WILL APPLY EVEN IF
ECHELON OR AN AUTHORIZED DISTRIBUTOR HAS BEEN ADVISED OF

THE POSSIBILITY OF SUCH DAMAGES, EXCEPT TO THE EXTENT THAT

LIABILITY MAY NOT BY LAW BE LIMITED OR EXCLUDED, AND
NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY

LIMITED REMEDY. IN NO EVENT SHALL ECHELON'S LIABILITY EXCEED

ONE THOUSAND DOLLARS ($1,000). YOU AGREE THAT THE FOREGOING
LIMITATIONS REFLECT A REASONABLE ALLOCATION OF RISK.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE

EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND

EXCLUSIONS MAY NOT APPLY TO YOU.
SAFE OPERATION

YOU ASSUME RESPONSIBILITY FOR, AND HEREBY AGREE TO USE YOUR

BEST EFFORTS IN, DESIGNING YOUR PRODUCTS TO PROVIDE FOR SAFE
OPERATION THEREOF, INCLUDING, BUT NOT LIMITED TO,

COMPLIANCE OR QUALIFICATION WITH RESPECT TO ALL SAFETY

LAWS, REGULATIONS AND AGENCY APPROVALS, AS APPLICABLE. THE
NEURON® CHIP, LONTALK PROTOCOL, NEURON CHIP FIRMWARE,

NETWORK ADAPTERS, AND THE LICENSED SOFTWARE ARE NOT

DESIGNED OR INTENDED FOR USE AS COMPONENTS IN EQUIPMENT
INTENDED FOR SURGICAL IMPLANT INTO THE BODY, OR OTHER

APPLICATIONS INTENDED TO SUPPORT OR SUSTAIN LIFE, FOR USE IN

FLIGHT CONTROL OR ENGINE CONTROL EQUIPMENT WITHIN AN
AIRCRAFT, OR FOR ANY OTHER APPLICATION IN WHICH THE FAILURE

OF THE NEURON CHIP, LONTALK PROTOCOL, NEURON CHIP

FIRMWARE, NETWORK ADAPTERS, OR THE LICENSED SOFTWARE
COULD CREATE A SITUATION IN WHICH PERSONAL INJURY OR DEATH

MAY OCCUR, AND YOU SHALL HAVE NO RIGHTS HEREUNDER FOR ANY
SUCH APPLICATIONS.
COMPLIANCE WITH EXPORT CONTROL LAWS
You agree to comply with all applicable export and reexport control laws and
regulations, including the Export Administration Regulations ("EAR")

maintained by the United States Department of Commerce. Specifically, You

covenant that You shall not -- directly or indirectly -- sell, export, reexport,
transfer, divert, or otherwise dispose of any software, source code, or technology

(including products derived from or based on such technology) received from

Echelon under this Agreement to any country (or national thereof) subject to
antiterrorism controls or U.S. embargo, or to any other person, entity, or

destination prohibited by the laws or regulations of the United States, without

obtaining prior authorization from the competent government authorities as
required by those laws and regulations. You agree to indemnify, to the fullest

extent permitted by law, Echelon from and against any fines or penalties that
may arise as a result of Your breach of this provision. This export control clause

shall survive termination or cancellation of this Agreement.

Advertising