DA O/S SDK License Agreement
The LinuxDA O/S Software Development Kit ("SDK") version 1.0 DBE, copyright 2001 Empower Technologies Inc., all rights reserved, is free, but requires agreement with the following license. By clicking "I Agree" below, you agree to the license. From there, you will be able to download files.
IMPORTANT - Read Before Using The Accompanying Software
LinuxDA O/S SOFTWARE DEVELOPMENT KIT SOFTWARE LICENSE AGREEMENT
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THE ACCOMPANYING SOFTWARE, THE USE OF WHICH IS LICENSED BY EMPOWER TECHNOLOGIES INC. ("Empower Technologies"), TO ITS CUSTOMERS FOR THEIR USE ONLY AS SET FORTH BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE. USING ANY PART OF THE SOFTWARE INDICATES THAT YOU ACCEPT THESE TERMS.
LICENSE: Empower Technologies grants you a nonexclusive, royalty-free license to use the accompanying software program(s) (the "Software") subject to the terms and restrictions set forth in this License Agreement. Except as explicitly set forth below, (i) you are not permitted to lease or rent (except under separate mutually agreeable terms set forth in writing and signed by both parties), distribute or sublicense the Software or to use the Software in a time-sharing arrangement or in any other unauthorized manner; (ii) no license is granted to you in the human readable code of the Software (source code); and (iii) this License Agreement does not grant you any rights to patents, copyrights, trade secrets, trademarks, or any other rights in respect to the Software.
The Software is licensed to be used on any personal computer and/or any LinuxDA O/S platform product, provided that the Software is used only in connection with your development of products for use with LinuxDA O/S platform products. The Software contains certain sample source code in the form of example applications (including several conduits) and code fragments (both in the source code files and documentation provided hereunder), and may include a tutorial application (collectively, "Sample Source Code"). You may use the Sample Source Code internally to develop products for LinuxDA O/S platform products. You may distribute any such products built with the Sample Source Code, provided that you include the following copyright notice within your source code and in the location of your own copyright notice: "Portions copyright (c) 2001 Empower Technologies Inc. or its subsidiaries. All rights reserved."
Notwithstanding anything else in this License Agreement, you may not distribute the conduit development kit header files included as part of the Software to anyone for any reason.
Except as described above, the Software and supporting documentation may be copied only as essential for backup or archive purposes in support of your use of the Software as permitted hereunder. You must reproduce and include all copyright notices and any other proprietary rights notices appearing on the Software on any copies that you make.
NO ASSIGNMENT; NO REVERSE ENGINEERING: You may transfer the Software and this License Agreement to another party if the other party agrees in writing to accept the terms and conditions of this License Agreement. If you transfer the Software, you must at the same time either transfer all copies of the Software as well as the supporting documentation to the same party or destroy any such materials not transferred. Except as set forth above, you may not transfer or assign the Software or your rights under this License Agreement.
Modification, reverse engineering, reverse compiling, or disassembly of the Software is expressly prohibited. However, if you are a European Union ("EU") resident, information necessary to achieve interoperability of the Software with other programs within the meaning of the EU Directive on the Legal Protection of Computer Programs is available to you from Empower Technologies upon written request.
EXPORT RESTRICTIONS: You agree that you will not export or re-export the Software or accompanying documentation (or any copies thereof) or any products utilizing the Software or such documentation in violation of any applicable laws or regulations of the United States or the country in which you obtained them.
TRADE SECRETS; TITLE: You acknowledge and agree that the structure, sequence, and organization of the Software are the valuable trade secrets of Empower Technologies and its suppliers. You agree to hold such trade secrets in confidence. You further acknowledge and agree that ownership of, and title to, the Software and all subsequent copies thereof regardless of the form or media are held by Empower Technologies and its suppliers.
UNITED STATES GOVERNMENT LEGEND: The Software is commercial in nature and developed solely at private expense. The Software is delivered as "Commercial Computer Software" as defined in DFARS 252.227-7014 (June 1995) or as a commercial item as defined in FAR 2.101(a) and as such is provided with only such rights as are provided in this License Agreement, which is Empower Technologies' standard commercial license for the Software. Technical data is provided with limited rights only as provided in DFAR 252.227-7015 (Nov. 1995) or FAR 52.227-14 (June 1987), whichever is applicable.
TERM AND TERMINATION: This License Agreement is effective until terminated. You may terminate it at any time by destroying the Software and documentation together with all copies and merged portions in any form. It will also terminate immediately if you fail to comply with any term or condition of this License Agreement. Upon such termination you agree to destroy the Software and documentation, together with all copies and merged portions in any form.
GOVERNING LAW: This License Agreement shall be governed by the laws of the State of Washington as such laws are applied to agreements entered into and to be performed entirely within Washington, between Washington residents, and by the laws of the United States. You agree that the United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to this License Agreement.
LIMITED WARRANTY: Empower Technologies warrants the media containing the Software for a period of ninety (90) days from the date of original purchase from Empower Technologies or its authorized retailer. Proof of date of purchase will be required. Any updates to the Software provided by Empower Technologies (which may be provided by Empower Technologies at its sole discretion) shall be governed by the terms of this License Agreement. The sole obligation of Empower Technologies with respect to this express warranty shall be (at the discretion of Empower Technologies) to refund the purchase price paid by you for the Software on the defective media, or to replace the Software on new media. Empower Technologies makes no warranty or representation that its software products will meet your requirements or will work in combination with any hardware or applications software products provided by third parties, that the operation of the software products will be uninterrupted or error free, or that all defects in the Software will be corrected.
OBTAINING WARRANTY SERVICE: You must contact Empower Technologies' Customer Service within the applicable warranty period to obtain warranty service authorization. Dated proof of original purchase will be required. Empower Technologies is not responsible for your products or parts received without warranty service authorization.
WARRANTIES EXCLUSIVE: IF THE SOFTWARE MEDIA DOES NOT OPERATE AS WARRANTED ABOVE, YOUR SOLE REMEDY FOR BREACH OF THAT WARRANTY SHALL BE REPLACEMENT OF THE SOFTWARE ON NEW MEDIA OR REFUND OF THE PURCHASE PRICE PAID, AT THE OPTION OF EMPOWER TECHNOLOGIES AND DEPENDENT UPON PRIOR AUTHORIZATION. TO THE FULL EXTENT ALLOWED BY LAW, THE FOREGOING WARRANTIES AND REMEDIES ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, TERMS, OR CONDITIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES, TERMS, OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND SATISFACTORY QUALITY. EMPOWER TECHNOLOGIES NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE, OR USE OF ITS PRODUCTS.
Empower Technologies shall not be liable under this warranty if its testing and examination disclose that the alleged defect in the product does not exist or was caused by your or any third person's misuse, neglect, improper installation or testing, unauthorized attempts to repair or modify, or any other cause beyond the range of the intended use, or by accident, fire, lightning, or other hazards or acts of God. This warranty does not apply when the malfunction results from the use of this product in conjunction with accessories, other products, or ancillary or peripheral equipment, and Empower Technologies determines that there is no fault with the product itself.
LIMITATION OF LIABILITY. TO THE FULL EXTENT ALLOWED BY LAW, EMPOWER TECHNOLOGIES ALSO EXCLUDES FOR ITSELF AND ITS SUPPLIERS ANY LIABILITY, WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS OF INFORMATION OR DATA, OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE, USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF THIS PRODUCT, EVEN IF EMPOWER TECHNOLOGIES OR ITS AUTHORIZED RESELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND LIMITS ITS LIABILITY TO REPLACEMENT OF THE SOFTWARE ON NEW MEDIA, OR REFUND OF THE PURCHASE PRICE PAID, AT THE OPTION OF EMPOWER TECHNOLOGIES. THIS DISCLAIMER OF LIABILITY FOR DAMAGES WILL NOT BE AFFECTED IF ANY REMEDY PROVIDED HEREIN SHALL FAIL OF ITS ESSENTIAL PURPOSE.
SEVERABILITY: In the event any provision of this License Agreement is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of any of the remaining provisions shall not in any way be affected or impaired, and a valid, legal, and enforceable provision of similar intent and economic impact shall be substituted therefore. The headings used in this Agreement are for convenience only and shall not be considered part of the Agreement.
ENTIRE AGREEMENT: This License Agreement sets forth the entire understanding and agreement between you and Empower Technologies, supersedes all prior agreements, whether written or oral, with respect to the Software and subject matter hereof, and may be amended only in a writing signed by both parties.
Empower Technologies Inc.
7981 - 168th Avenue NE
Redmond, WA 98052
United States of America
ELECTRONIC SIGNATURE: You represent and warrant that the individual who is electronically agreeing to the terms of this Agreement is empowered to agree to this Agreement on your behalf. You further agree that your clicking on the "I Agree" button option constitutes an electronic signature as defined by the Electronic Signatures in Global and National Commerce Act and that this Agreement is completely valid, is enforceable, and is binding on, and non-refutable, by you.
Note: If you do not accept the terms of this Developer License Agreement, you must click on the I Do Not Agree Button or on your browser's Back button NOW
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