Echelon NodeBuilder Resource Editor User Manual

Page 86

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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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Appendix B: NodeBuilder Resource Editor Software License Agreement

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