TE Technology TC-720 - Manual (Page 5)

TE TECHNOLOGY, INC. (TE TECH)
License Agreement
CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE OPENING THIS PACKAGE OR SIGNIFYING YOUR ACCEPTANCE BY CLICKING THE
APPROPRIATE DIALOG BOX. OPENING THIS PACKAGE, CLICKING THE APPROPRIATE DIALOG BOX OR USING ANY PART OF THE SOFTWARE SIGNIFIES YOUR
ACCEPTANCE OF (1) THESE TERMS AND CONDITIONS FOR THE LICENSED SOFTWARE, AND (2) THE TERMS OF ACCEPTANCE OF TE TECH FOR ANY PRODUCTS
PURCHASED FROM TE TECH. IF YOU DO NOT AGREE WITH THEM, PROMPTLY RETURN THE PACKAGE UNOPENED AND UNUSED ALONG WITH ANY OTHER
ITEM THAT WAS INCLUDED IN THE SAME PRODUCT NUMBER FOR FULL CREDIT.
You, as the Customer, agree as follows:
1. DEFINITIONS
“Application Software” shall mean those portions of the Licensed Software created by TE TECH.
“Designated Hardware” shall mean the one (1) hardware device, purchased from TE TECH, upon which Customer shall run the Licensed Software.
“Licensed Software” shall mean the Application Software plus any other software supplied by TE TECH pursuant to this Agreement.
“Third Party Software” shall mean software owned or licensed by a third party, including but not limited to operating systems that is embedded within the
Licensed Software or otherwise included with any product provided to Customer from TE TECH.
2. LICENSE
2.1 Except as provided in section 2.2 below, you are granted only a personal, non-transferable, nonexclusive license to use the Licensed Software
only on the Designated Hardware. You may copy the Licensed Software into machine readable form for backup purposes or to support your use of the
Licensed Software on the Designated Hardware. No other copies shall be made unless authorized in writing by TE TECH. You may not (i) reverse engineer,
decompile, or disassemble the Licensed Software (except to the extent such foregoing restriction is expressly prohibited by applicable law); (ii) sub-license,
lease, or rent the Licensed Software; (iii) distribute in part, modify, or create derivatives of the Licensed Software; (iv) amend, modify, or supplement
Licensed Software with any additional code except for the purpose of further configuring the Licensed Software for use with Designated Hardware; or (v)
directly or indirectly, export, re-export, download, or ship the Licensed Software in violation of the laws and regulations of the U.S. The Licensed Software,
comprising proprietary trade secret information of TE TECH and/or its Licensor’s, shall be held in confidence by Customer and protected from disclosure to
third parties. No title to the intellectual property is transferred, You must reproduce and include all applicable copyright notices on any copy. Licensed
Software shall not be copied, reproduced, or used for any other purpose outside of operation of the TE TECH hardware, and shall not be used on any other
piece of hardware other than the TE TECH hardware with, or for, which it was provided. Notwithstanding the foregoing, in the event that you download
the Licensed Software from the internet without purchasing Designated Hardware, the Licensed Software may only be used for evaluation purposes and
must be deleted (including all copies) within fifteen (15) days of downloading. You may not use the Licensed Software with any other equipment other
than the Designated Hardware without prior written approval from TE TECH. If no operating system software is included in the software provided under
this Agreement, you must make provision for any required operating system software licenses. At its option, TE TECH may, upon request, provide the
source code for the Licensed Software. The limited warranty provided in section 3 below shall be null and void immediately upon TE TECH providing the
source code, or any portion thereof, to you.
2.2 If you are an authorized TE TECH distributor or an Original Equipment Manufacturer who incorporates the Licensed Software into your
equipment for sale to an end user, or you use the Licensed Software to create redistributables, you may transfer the Licensed Software to an end user
provided that the end user agrees to be bound by the provisions of this Agreement. You shall use your best efforts to enforce your agreement with
customers made in accordance with this Section 2.2 and shall promptly report any violation or suspected violation to TE TECH. In the event that your
customer violates any portion of this agreement, you agree to defend, hold harmless and indemnify TE TECH from any and all such claims. TE TECH may,
at its option, bring suit against your customer to enforce the terms of this agreement, TE TECH’s costs and expenses incurred as a result of such action
(including reasonable attorneys’ fees) shall be your responsibility.
2.3 The Licensed Software may include Third Party Software licensed to TE TECH. Customer hereby acknowledges and agrees that any Third Party
Software provided by TE TECH to Customer hereunder (a) shall not be modified and shall be used and/or used and redistributed or resold (to the extent
permitted under Section 2.2) only embedded within the TE TECH hardware product as provided by TE TECH, (b) shall always contain and only be
redistributed (to the extent permitted under Section 2.2) with all proprietary markings present as provided to Customer hereunder and under the same
terms and conditions as set forth in this Agreement. All rights and benefits afforded to TE TECH under this Agreement shall apply equally to the owner of
the Third Party Software (the “Third Party”) and its licensors with respect to the Third Party Software. The Third Party and its licensors are intended third
party beneficiaries of this Agreement, and the provisions of this Agreement relating to the Licensed Software, as the same incorporate the Third Party
Software, are made expressly for the benefit of, and are enforceable by, the Third Party and its licensors. The Third Party and its licensors retain ownership
of all copies of the Third Party Software. Unless a pass-through warranty covering the Third Party Software is extended directly to you by the Third
Party, all Third Party Software is provided “AS IS” without warranty of any kind, and each Third Party and its licensors disclaim all warranties, either
express or implied, including but not limited to the implied warranties of merchantability, title, non-infringement or fitness for a particular purpose
with regard to the Third Party Software. The Third Party shall not have any liability for special, indirect, punitive, incidental or consequential damages.
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