You must accept the terms of our End-User Software License Agreement |
Note that individual software packages may contain their own license agreement, which will supersede the agreement below. |
RTD END-USER LICENSE AGREEMENT |
IMPORTANT - REVIEW THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE PROVIDED TO YOU ON COMPACT DISC, VIA WEB OR FTP SITE, OR ON ANOTHER MEDIUM OR THROUGH ANOTHER DELIVERY MECHANISM. BY DOWNLOADING, COPYING, INSTALLING, OR USING THIS SOFTWARE OF RTD EMBEDDED TECHNOLOGIES, INC., ITS SUBSIDIARIES, AND ITS SUPPLIERS (RTD), YOU (LICENSEE) ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. DO NOT DOWNLOAD, COPY, INSTALL, OR USE THIS SOFTWARE UNTIL YOU HAVE CAREFULLY READ AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT DOWNLOAD, COPY, INSTALL, OR USE THIS SOFTWARE; IF YOU HAVE RECEIVED A COPY ON COMPACT DISC OR ANOTHER MEDIUM, PLEASE PROMPTLY RETURN THE SOFTWARE UNUSED TO RTD. 1. RTD Definition: RTD means RTD Embedded Technologies, Inc. (formerly known as Real Time Devices USA, Inc.), its subsidiaries, and its Suppliers. 2. Software Definition: Software means any of the Software provided under this Agreement on compact disc, via a web or FTP site, or on another medium, or through another delivery mechanism to include SOURCE CODE, SOFTWARE AND FUNCTION LIBRARIES, EXAMPLE PROGRAMS, TEST PROGRAMS AND APPLICATIONS, and USER MANUALS AND DOCUMENTATION. 3. Ownership and Copyright of Software: Title to the Software and all copies thereof remain with RTD. The Software is copyrighted and is protected by United States copyright laws and international treaty provisions. You will not remove the copyright notice from the Software. You agree to prevent any unauthorized copying of the Software. 4. License: RTD grants the Licensee the right to use this Software under the following conditions a. NO PART OF THE COMPILED SOFTWARE OR SOURCE CODE MAY BE USED OR ADAPTED TO SUPPORT OR WORK ON ANY DEVICE OR BOARD NOT ORIGINALLY MANUFACTURED AND SUPPLIED BY RTD. b. Ready compiled programs must carry the name of RTD Embedded Technologies. This information may not be modified in the case of recompilation. c. All Source Code, original or modified, must carry a complete description of the original source and holder of rights of the source code. d. This condition of use description must follow with the Software package if it is delivered with a product. 5. Limitations on Reverse Engineering, Decompilation, and Disassembly: You may not reverse engineer, decompile, or disassemble the Licensed Software. 6. Termination: Without prejudice to any other rights, RTD may terminate this Agreement if you fail to comply with the terms and conditions of this Agreement. In such event, you must destroy all copies of the Licensed Software and all of its component parts. 7. Disclaimer On Warranties: To the maximum extent permitted by applicable law, RTD provides the Software and any (if any) support services related to the Software ("Support Services") AS IS AND WITH ALL FAULTS, and hereby disclaim all warranties and conditions, either express, implied or statutory, including, but not limited to, any (if any) implied warranties or conditions of merchantability, of fitness for a particular purpose, of lack of viruses, of accuracy or completeness of responses, of results, and of lack of negligence or lack of workmanlike effort, all with regard to the Software, and the provision of or failure to provide Support Services. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT, WITH REGARD TO THE PRODUCT. THE ENTIRE RISK AS TO THE QUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE AND SUPPORT SERVICES, IF ANY, REMAINS WITH THE LICENSEE. No oral or written advice or information given by RTD shall create a warranty of any kind or increase in any way the limited warranty, and the customer may not rely on any such information or advice. 8. Limitation of Liability. To the maximum extent permitted by applicable law, in no event shall RTD, its subsidiaries, or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the Software, the provision of or failure to provide Support Services, or otherwise under or in connection with any provision of License Agreement, and even if RTD, its subsidiaries, or its suppliers has been advised of the possibility of such damages. 9. Audit: RTD reserves the right to conduct or have conducted audits to verify your compliance with this License Agreement. 10. U.S. Government Export Restrictions: The Licensee acknowledges that this Software may be subject to the export control laws and regulations of the United State, and any amendments thereof. The Licensee is responsible for complying with all trade regulations and laws both foreign and domestic. The Licensee acknowledges that none of the Software or underling information or technology may be downloaded or otherwise exported or re- exported (i) into (or to a national or resident of) any country subject to a U.S. embargo; (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Denied Parties List or Entity List; or (iii) to any one you know or have reason to know will utilize this Software in the development or production of nuclear, chemical, or biological weapons. By downloading the Software from a compact disc, via a web or FTP site, or on another medium or through another delivery mechanism you are agreeing to the foregoing and are representing and warranting that (i) no U.S. federal agency has suspended, revoked, or denied you export privileges, (ii) you are not located in or under the control of a national or resident of any such country or on any such list, and (iii) you will not export or re-export the Software to any prohibited country, or to any prohibited person, entity, or end-user as specified by U.S. or other Government export controls. You further acknowledge that the Software may include technical data subject to export and re-export restrictions imposed by United States law. You shall, at your own expense, obtain and arrange for the maintenance in full force and effect of all governmental approvals, consents, licenses, authorizations, declarations, filings, and registrations as may be necessary or advisable for the performance of all of the terms and conditions of the Agreement, including but not limited to, foreign exchange approvals, import and offer agent licenses, fair trade approvals and all approvals which may be required to realize the purpose of the Agreement. 11. Applicable Laws: Any litigation arising under or relating to this License Agreement shall be brought and jurisdiction and venue shall be proper only in a state or federal district court in RTD’s choice of County. |