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IMPORTANT: READ CAREFULLY BEFORE INSTALLING OR USING THIS PRODUCT
THIS PRODUCT CONTAINS THE SOFTWARE COMPONENTS AND RELATED DOCUMENTATION AND OTHER PROPRIETARY MATERIAL (COLLECTIVELY, THE "SOFTWARE"), THE USE OF WHICH IS SUBJECT TO THE TERMS OF THIS END-USER LICENSE AGREEMENT ("AGREEMENT"). INSTALLATION OR USE OF THE SOFTWARE CONSTITUTES YOUR AND YOUR COMPANY'S ASSENT TO AND ACCEPTANCE OF ALL OF THE TERMS OF THIS AGREEMENT AND YOUR AGREEMENT TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST RETURN THE SOFTWARE AND ALL MANUALS AND DOCUMENTATION TO SINGLETON LABS.
This End-User License Agreement (the "Agreement") constitute the agreement between Singleton Labs ("Licensor") and the individual or entity who has ordered the products which are the subject of this Agreement ("You") for the license of the Software.
Licensor hereby grants to You a non-transferable, non-exclusive, non-sublicensable, temporary, limited license to install and use the Software on the number of computers for which You have paid the applicable license fees solely for your business operations and subject to the terms and conditions set forth in this Agreement.
Licensor and/or its licensors retains all ownership, title and intellectual property rights with respect to the Software and all copies and portions thereof, whether or not incorporated into or with other software. Licensor and/or its licensors reserve all rights not expressly granted to You herein. Any license granted by Licensor under this Agreement is not a sale of the Software or any portion or copy thereof. The Software contains valuable trade secrets of Licensor and its licensors. All worldwide ownership of and all rights, title and interests in and to the Software, and all copies and portions of the Software, including without limitation, all intellectual property rights therein and thereto, are and will remain exclusively with Licensor. The Software is protected, among other ways, by the copyright laws of the United States and international copyright treaties. All rights not expressly granted herein are retained by Licensor and its licensors.
You have no right to receive, use or examine any source code or design documentation relating to the Software.
You may not:
Any and all copies made by You as permitted hereunder must contain all of the original Software's copyright, trademark and other proprietary notices and marks.
The Software is provided only for, and the license is granted for the sole purpose of Your internal evaluation of the Software and not for any productive or commercial use. You will make no other use of the Software or any portion thereof, whether or not incorporated into or with any other software.
Unless earlier terminated as provided in the Agreement, the license granted hereunder will terminate 30 days from the delivery of the Software to You (the "Evaluation Period").
Any use of the Software beyond the Evaluation Period requires payment of the applicable license fee(s). You agree that on or before the end of the Evaluation Period, You will either pay the applicable end-user list price or license fee(s) with respect to the Software or cease using the Software, or destroy any copies that you have made, and remove the Software from your computers.
In addition to termination and any other remedies Licensor may have or exercise, if You breach the terms of this Agreement or any other portion of the Agreement, You shall promptly pay to Licensor its end-user list price or license fee(s) for each unauthorized use of the Software.
LICENSOR PROVIDES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE OR THE USE OF FUNCTIONING THEREOF (INCLUDING, WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT) AND WILL HAVE NO LIABILITY WHATSOEVER IN CONNECTION WITH THE SOFTWARE OR THE USE OR FUNCTIONING THEREOF OR LOSS OF DATA RESULTING THEREFROM.
Licensor is under no obligation to provide technical support, or to provide updates or error corrections for the Software in any way. Provided that You are using the Software under an Evaluation License You will receive product version updates (e.g. modifications and error corrections) as Licensor, in its sole discretion, releases them from time to time and technical support via the Web and E-Mail for certain time periods set by Licensor in its sole discretion.
The Software and any license authorization codes are confidential and proprietary information of Singleton Labs. You agree to take adequate steps to protect the Software and any license authorization codes, if any, from unauthorized disclosure or use. You agree that You will not disclose the Software, in source code or object code form, to any third party.
LICENSOR EXPRESSLY DISCLAIMS, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, AND ANY WARRANTY THAT MAY ARISE BY REASON OF TRADE USAGE, CUSTOM OR COURSE OF DEALING. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE WILL BE FREE FROM BUGS OR THAT ITS USE WILL BE UNINTERRUPTED NOR THAT THE SOFTWARE WILL OPERATE WITH ANY HARDWARE AND/OR OTHER SOFTWARE OR REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SOFTWARE OR DOCUMENTATION IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT THE SOFTWARE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND.
THE ENTIRE RISK AS TO RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. ANY LIABILITY OF LICENSOR WITH RESPECT TO THE SOFTWARE, THE PERFORMANCE THEREOF OR DEFECTS THEREIN, OR UNDER THIS AGREEMENT, UNDER ANY WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL THEORY SHALL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR, IF REPLACEMENT IS INADEQUATE AS A REMEDY, OR, IN LICENSOR'S SOLE OPINION, IMPRACTICAL, TO A REFUND OF THE ACTUAL AMOUNT PAID BY YOU TO LICENSOR, IF ANY, FOR THE SOFTWARE OR SERVICES GIVING RISE TO THE CLAIM.
UNDER NO CIRCUMSTANCES WILL LICENSOR OR ITS LICENSORS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO THE SOFTWARE, THIS AGREEMENT, WHETHER DUE TO A BREACH OF LICENSOR'S OBLIGATIONS HEREUNDER OR OTHERWISE, EVEN IF LICENSOR OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR IF SUCH DAMAGE COULD HAVE BEEN REASONABLY FORESEEN, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY EXCLUSIVE REMEDY PROVIDED IN THIS AGREEMENT. SUCH LIMITATION ON DAMAGES INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS OF DATA OR SOFTWARE, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR IMPAIRMENT OF OTHER GOODS. IN NO EVENT WILL LICENSOR OR ITS LICENSORS BE LIABLE FOR THE COSTS OF PROCUREMENT OF SUBSTITUTE SOFTWARE OR SERVICES.
YOU ACKNOWLEDGE THAT THIS SOFTWARE IS NOT DESIGNED OR LICENSED FOR USE IN ON-LINE EQUIPMENT IN HAZARDOUS ENVIRONMENTS SUCH AS OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR CONTROL, OR LIFE-CRITICAL APPLICATIONS. LICENSOR EXPRESSLY DISCLAIMS ANY LIABILITY RESULTING FROM USE OF THE SOFTWARE IN ANY SUCH ON-LINE EQUIPMENT IN HAZARDOUS ENVIRONMENTS AND ACCEPTS NO LIABILITY IN RESPECT OF ANY ACTIONS OR CLAIMS BASED ON THE USE OF THE SOFTWARE IN ANY SUCH ON-LINE EQUIPMENT IN HAZARDOUS ENVIRONMENTS BY YOU. FOR PURPOSES OF THIS PARAGRAPH, THE TERM "LIFE-CRITICAL APPLICATION" MEANS AN APPLICATION IN WHICH THE FUNCTIONING OR MALFUNCTIONING OF THE SOFTWARE MAY RESULT DIRECTLY OR INDIRECTLY IN PHYSICAL INJURY OR LOSS OF HUMAN LIFE.
This Agreement will terminate immediately and automatically without notice if You breach any provision in this Agreement. Upon termination You will remove all copies of the Software or any part of the Software from any and all computer storage devices and destroy the Software. At Licensor's request, You or your authorized signatory, will certify in writing to Licensor that all complete and partial copies of the Software have been destroyed and that none remain in your possession or under your control. Except for the provisions entitled "Grant of License" and "Technical Support Services," the provisions of this Agreement will survive termination. Termination is not an exclusive remedy, and all other remedies available to Licensor under this Agreement or at law or equity shall be available to Licensor whether or not this Agreement is terminated.
If You are, or if You use the Software by or on behalf for any unit or agency of the United States Government, this provision applies. The Software is "commercial computer software" as that term is used and discussed in the Federal Acquisition Regulation (the "FAR 12.212(a)). Licensor represents that the Software was developed entirely at private expense, that no part of the Software was first produced in the performance of a Government contract, and that no part of the Software is in the public domain.
Use, duplication, or disclosure by the U.S. Government is subject to restrictions set forth in this Agreement. Manufacturer is Singleton Labs, Narucio 31, LTU-3031, Kaunas, Lithuania.
You acknowledge and agree that the Software may be subject to restrictions and controls imposed by the United States export control laws and regulations. You agree and certify that neither the Software nor any direct product thereof is being or will be acquired, shipped, transferred, or re-exported, directly or indirectly, into any country, except pursuant to an export control license, issued by the appropriate United States authority, or will be used for any purpose prohibited by the same. By using the Software, You are acknowledging and agreeing to the foregoing, and You are representing and warranting that You will comply with all of the United States and other applicable country laws and regulations when either exporting or re-exporting or importing the Software or any underlying information technology. Further, You represent and warrant that You are not a national of Cuba, Iran, Iraq, Libya, North Korea, Sudan or Syria or a party listed in the U.S. Table of Denial Orders or U.S. Treasury Department's list of Specially Designated Nationals.
This Agreement shall be interpreted and construed in accordance with the laws of the Republic fo Lithuania, without regard to conflicts of law principles.
If any provision hereof shall be held illegal, invalid or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, valid and enforceable, and the legality, validity and enforceability of all other provisions of this Agreement shall not be affected thereby. No delay or failure by either party to exercise or enforce at any time any right or provision hereof shall be considered a waiver thereof or of such party's right thereafter to exercise or enforce each and every right and provision of this Agreement. This Agreement will bind and inure to the benefit of each party's permitted successors and assigns. You may not assign this Agreement in whole or in part, without Licensor's prior written consent. Any attempt to assign this Agreement without such consent will be null and void. This Agreement is the complete and exclusive statement between You and Licensor relating to the subject matter hereof and supersedes all prior oral and written and all contemporaneous oral negotiations, commitments and understandings of the parties, if any.
BY CLICKING ON THE "ACCEPT" BUTTON, YOU ACKNOWLEDGE THAT YOU HAVE READ AND FULLY UNDERSTAND THE FOREGOING INFORMATION AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
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