Echelon OpenLNS Commissioning Tool User Manual

Page 386

Advertising
background image

370

Appendix C – OpenLNS CT Software License Agreement

Echelon with a copy of same upon request; this right of transfer is exercisable no more than one (1)
time every year.

V. RESTRICTIONS

The License granted in Section 2 shall not permit you or allow you to permit others to:

(a) install the Licensed Software on more than one (1) Primary Computer per Valid License for a Trial

Edition and more than one (1) Primary Computer and one (1) Portable Computer per Valid License for
all other Editions;

(b) use the Licensed Software on more than one (1) computer at a time per Valid License;

(c) use the Licensed Software after the end of the Use Period for a Trial Edition;

(d) allow multiple users to use the Licensed Software on a Primary Computer at the same time;

(e) allow any individual other than the primary user to use the Licensed Software on the Portable

Computer;

(f) copy the Licensed Software (except as expressly permitted above);

(g) update or upgrade the Licensed Software after the end of the Maintenance Period with the exception of

updates that Echelon designates may be installed outside the Maintenance Period;

(h) extend the Maintenance Period after the end of the Maintenance Period;

(i) 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 software from the Licensed Software (except to the
extent that such activities may not be prohibited under applicable law); or

(j) except for the limited rights granted above, distribute, rent, loan, lease, transfer or grant any rights in

the Licensed Software or modifications thereof or the Documentation 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, Documentation, and any
copy made by You remain with Echelon or its suppliers. Unauthorized copying of the Licensed
Software, or failure to comply withthis Section V, will result in automatic termination of this license
and will make available to Echelon and its suppliers other legal remedies. You agree to indemnify, to
the fullest extent permitted by law, Echelon and its directors, officers, agents, employees, members,
subsidiaries, affiliates, and its suppliers (“Indemnitees”), for any third party claims, actions,
proceedings, liabilities, loss, damage, cost, or expenses (including, without limitation, attorney’s fees),
arising out of or in connection with Your failure to use of any Licensed Softwareas permitted under
this Agreement.

VI. VISIO

The Microsoft Corporation (“Microsoft”) Visio product(s) has been integrated or pre-installed as part of
specified editions of the Licensed Software and Echelon is obligated to pay royalties to Microsoft for
licensed copies of these editions. You hereby give Echelon permission to disclose to Microsoft Your name
and address, or the name and address of another individual within your organization, as such as been
provided to Echelon, in connection with Echelon’s delivery of its royalty report to Microsoft. Such
permission includes, if you are located outside of the United States, the transfer of this information to the
United States. Microsoft has stated that it uses the information in Echelon’s royalty report for revenue
calculation, internal revenue allocation, compliance and billing purposes. For more information about how
Echelon handles personal information, see www.echelon.com/company/legal/privacypolicy.htm.

Advertising