DialFire Software Licenses

 
 

The following license agreements can be reviewed:

 

Agreement for using the DialFire driver software with the Linux operating system

LICENSE. This program is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License as published by the Free Software Foundation; either version 2, or (at your option) any later version. This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License for more details. You should have received a copy of the GNU General Public License along with this program; if not, write to the Free Software Foundation, Inc., 675 Mass Ave, Cambridge, MA 02139, USA.

Agreement for using the DialFire driver software with the Microsoft Windows 2000 operating system

LICENSE. Patton Electronics Company, Inc. grants to you only a non-assignable, nonexclusive and non-transferable license to use the software contained on this media (hereinafter "Patton Software") subject to the terms and conditions of this Software License Agreement. Your use will be limited to an object code version of the Patton Software. Your use of the Patton Software will be limited to one computer. The license will commence on the day you receive the Patton Software and will continue until this license is terminated by its own terms and conditions. You may make one copy of the Patton Software, but only for archival or backup purposes, and if you do make that additional copy, you agree to reproduce all copyright and other proprietary rights notices that appear on the Patton Software. You are granted only a limited license to use the Patton Software, and Patton retains all right, title, interest and ownership in and to the Patton Software, which includes all rights arising under the patent, copyright, trade secret or trademark laws of the United States or any foreign jurisdiction.

CONFIDENTIALITY. You understand and agree that the Patton Software contains valuable confidential and trade secret information which is the extremely valuable property of Patton. You agree to expend all necessary efforts to ensure that the Patton Software is not disclosed or made available to any third party or any employee or contractor that doesn't have a need to know.

REVERSE ENGINEERING. You agree not to disassemble, decompile or reverse engineer the Patton Software under any circumstances.

WARRANTIES. Patton warrants only that: (a) the media upon which you receive Patton Software will be free of defects in material and workmanship for a period of ninety (90) days from your receipt of the Patton Software; and (b) that if the Patton Software is supplied to you electronically, and there is an error in transmission, and you inform us of that error within ninety days of your receipt of the Patton Software, Patton will re-transmit the Software to you. YOU UNDERSTAND AND AGREE THAT EXCEPT AS STATED ABOVE, THE PATTON SOFTWARE IS SUPPLIED 'AS IS,' AND PATTON EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, GUARANTEES, OR REMEDIES WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

LIABILITY LIMITATIONS. UNDER NO CIRCUMSTANCES WILL PATTON OR ANY OF ITS DISTRIBUTORS OR SUPPLIERS BE LIABLE FOR LOSS OF DATA, REPROCUREMENT COSTS, LOST REVENUE OR PROFITS OR ANY OTHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF THOSE DAMAGES WERE FORESEEABLE OR YOU HAVE INFORMED PATTON OF POTENTIAL LIABILITY. PATTON'S TOTAL LIABILITY TO YOU FOR DAMAGES FOR ANY REASON SHALL NOT EXCEED THE PRICE ACTUALLY PAID TO PATTON BY YOU FOR THE PRODUCT ASSOCIATED WITH THE SOFTWARE.

TITLE AND OWNERSHIP. You acknowledge and agree that Patton retains all right, title and interest in and to the Software. You agree to indemnify, defend and hold harmless Patton against any loss suffered or expenditure made by Patton arising from an assertion of an interest in or title to the Patton Software by you and against any breach by you of any copyright, patent rights, or any other rights in the Patton Software.

TERMINATION. You acknowledge and agree that Patton may terminate your license and use of the Patton Software without notice if, at any time, you fail to comply with a material term or condition of this Software License Agreement. Immediately upon termination of this license, you will return all copies of the Patton Software to Patton, together with all documentation, modifications and enhancements thereto, or at Patton's request, destroy all copies of the Patton Software documentation, modifications and enhancements in your possession. You understand and agree that in the event of termination, Patton may use computer hardware, software or other methods to render the Patton Software inoperable.

ASSIGNMENT. You may not assign this license without the prior written consent of Patton. Patton may assign the Patton Software to any third party at its discretion, but will provide you with written notice in the event of such assignment.

CHOICE OF LAW AND VENUE. This Software License Agreement shall be governed and construed in accordance with the laws of the State of Minnesota. Any controversy or claim arising out of or related to this license and/or your use of the Patton Software shall be venued in Minnesota State District Court, County of Hennepin or the United States District Court for the District of Minnesota.

MAINTENANCE AND SUPPORT. Any software maintenance or support services provided to you by Patton, are provided at Patton's discretion, and Patton reserves the right to discontinue and/or commence charging fees for maintenance or support services at any time. You also understand and agree that any maintenance or support services provided to you by Patton are provided as is, and Patton makes no representations or warranties with regard to those services.

Agreement for using the DialFire driver software with the Novell NetWare operating system

LICENSE. Patton Electronics grants to you only a non-assignable, nonexclusive and non-transferable license to use the software contained on this media (hereinafter "Patton Electronics Software") subject to the terms and conditions of this Software License Agreement. Your use will be limited to an object code version of the Patton Electronics Software. Your use of the Patton Electronics Software will be limited to one computer. The license will commence on the day you receive the Patton Electronics Software and will continue until this license is terminated by its own terms and conditions. You may make one copy of the Patton Electronics Software, but only for archival or backup purposes, and if you do make that additional copy, you agree to reproduce all copyright and other proprietary rights notices that appear on the Patton Electronics Software. You are granted only a limited license to use the Patton Electronics Software, and Patton Electronics retains all right, title, interest and ownership in and to the Patton Electronics Software, which includes all rights arising under the patent, copyright, trade secret or trademark laws of the United States or any foreign jurisdiction.

CONFIDENTIALITY. You understand and agree that the Patton Electronics Software contains valuable confidential and trade secret information which is the extremely valuable property of Patton Electronics. You agree to expend all necessary efforts to ensure that the Patton Electronics Software is not disclosed or made available to any third party or any employee or contractor that doesn't have a need to know.

REVERSE ENGINEERING. You agree not to disassemble, decompile or reverse engineer the Patton Electronics Software under any circumstances.

WARRANTIES. Patton Electronics warrants only that: (a) the media upon which you receive Patton Electronics Software will be free of defects in material and workmanship for a period of ninety (90) days from your receipt of the Patton Electronics Software; and (b) that if the Patton Electronics Software is supplied to you electronically, and there is an error in transmission, and you inform us of that error within ninety days of your receipt of the Patton Electronics Software, Patton Electronics will re-transmit the Software to you. YOU UNDERSTAND AND AGREE THAT EXCEPT AS STATED ABOVE, THE PATTON ELECTRONICS SOFTWARE IS SUPPLIED 'AS IS,' AND PATTON ELECTRONICS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, GUARANTEES, OR REMEDIES WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

LIABILITY LIMITATIONS. UNDER NO CIRCUMSTANCES WILL PATTON ELECTRONICS OR ANY OF ITS DISTRIBUTORS OR SUPPLIERS BE LIABLE FOR LOSS OF DATA, REPROCUREMENT COSTS, LOST REVENUE OR PROFITS OR ANY OTHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF THOSE DAMAGES WERE FORESEEABLE OR YOU HAVE INFORMED PATTON ELECTRONICS OF POTENTIAL LIABILITY. PATTON ELECTRONICS'S TOTAL LIABILITY TO YOU FOR DAMAGES FOR ANY REASON SHALL NOT EXCEED THE PRICE ACTUALLY PAID TO PATTON ELECTRONICS BY YOU FOR THE PRODUCT ASSOCIATED WITH THE SOFTWARE.

TITLE AND OWNERSHIP. You acknowledge and agree that Patton Electronics retains all right, title and interest in and to the Software. You agree to indemnify, defend and hold harmless Patton Electronics against any loss suffered or expenditure made by Patton Electronics arising from an assertion of an interest in or title to the Patton Electronics Software by you and against any breach by you of any copyright, patent rights, or any other rights in the Patton Electronics Software.

TERMINATION. You acknowledge and agree that Patton Electronics may terminate your license and use of the Patton Electronics Software without notice if, at any time, you fail to comply with a material term or condition of this Software License Agreement. Immediately upon termination of this license, you will return all copies of the Patton Electronics Software to Patton Electronics, together with all documentation, modifications and enhancements thereto, or at Patton Electronics's request, destroy all copies of the Patton Electronics Software documentation, modifications and enhancements in your possession. You understand and agree that in the event of termination, Patton Electronics may use computer hardware, software or other methods to render the Patton Electronics Software inoperable.

ASSIGNMENT. You may not assign this license without the prior written consent of Patton Electronics. Patton Electronics may assign the Patton Electronics Software to any third party at its discretion, but will provide you with written notice in the event of such assignment.

CHOICE OF LAW AND VENUE. This Software License Agreement shall be governed and construed in accordance with the laws of the State of Minnesota. Any controversy or claim arising out of or related to this license and/or your use of the Patton Electronics Software shall be venued in Minnesota State District Court, County of Hennepin or the United States District Court for the District of Minnesota.

MAINTENANCE AND SUPPORT. Any software maintenance or support services provided to you by Patton Electronics, are provided at Patton Electronics's discretion, and Patton Electronics reserves the right to discontinue and/or commence charging fees for maintenance or support services at any time. You also understand and agree that any maintenance or support services provided to you by Patton Electronics are provided as is, and Patton Electronics makes no representations or warranties with regard to those services.

Agreement for using the DialFire driver software with the SCO OpenServer 5 operating system

LICENSE. Patton Electronics grants to you only a non-assignable, nonexclusive and non-transferable license to use the software contained on this media (hereinafter "Patton Electronics Software") subject to the terms and conditions of this Software License Agreement. Your use will be limited to an object code version of the Patton Electronics Software. Your use of the Patton Electronics Software will be limited to one computer. The license will commence on the day you receive the Patton Electronics Software and will continue until this license is terminated by its own terms and conditions. You may make one copy of the Patton Electronics Software, but only for archival or backup purposes, and if you do make that additional copy, you agree to reproduce all copyright and other proprietary rights notices that appear on the Patton Electronics Software. You are granted only a limited license to use the Patton Electronics Software, and Patton Electronics retains all right, title, interest and ownership in and to the Patton Electronics Software, which includes all rights arising under the patent, copyright, trade secret or trademark laws of the United States or any foreign jurisdiction.

CONFIDENTIALITY. You understand and agree that the Patton Electronics Software contains valuable confidential and trade secret information which is the extremely valuable property of Patton Electronics. You agree to expend all necessary efforts to ensure that the Patton Electronics Software is not disclosed or made available to any third party or any employee or contractor that doesn't have a need to know.

REVERSE ENGINEERING. You agree not to disassemble, decompile or reverse engineer the Patton Electronics Software under any circumstances.

WARRANTIES. Patton Electronics warrants only that: (a) the media upon which you receive Patton Electronics Software will be free of defects in material and workmanship for a period of ninety (90) days from your receipt of the Patton Electronics Software; and (b) that if the Patton Electronics Software is supplied to you electronically, and there is an error in transmission, and you inform us of that error within ninety days of your receipt of the Patton Electronics Software, Patton Electronics will re-transmit the Software to you. YOU UNDERSTAND AND AGREE THAT EXCEPT AS STATED ABOVE, THE PATTON ELECTRONICS SOFTWARE IS SUPPLIED 'AS IS,' AND PATTON ELECTRONICS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, GUARANTEES, OR REMEDIES WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

LIABILITY LIMITATIONS. UNDER NO CIRCUMSTANCES WILL PATTON ELECTRONICS OR ANY OF ITS DISTRIBUTORS OR SUPPLIERS BE LIABLE FOR LOSS OF DATA, REPROCUREMENT COSTS, LOST REVENUE OR PROFITS OR ANY OTHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF THOSE DAMAGES WERE FORESEEABLE OR YOU HAVE INFORMED PATTON ELECTRONICS OF POTENTIAL LIABILITY. PATTON ELECTRONICS'S TOTAL LIABILITY TO YOU FOR DAMAGES FOR ANY REASON SHALL NOT EXCEED THE PRICE ACTUALLY PAID TO PATTON ELECTRONICS BY YOU FOR THE PRODUCT ASSOCIATED WITH THE SOFTWARE.

TITLE AND OWNERSHIP. You acknowledge and agree that Patton Electronics retains all right, title and interest in and to the Software. You agree to indemnify, defend and hold harmless Patton Electronics against any loss suffered or expenditure made by Patton Electronics arising from an assertion of an interest in or title to the Patton Electronics Software by you and against any breach by you of any copyright, patent rights, or any other rights in the Patton Electronics Software.

TERMINATION. You acknowledge and agree that Patton Electronics may terminate your license and use of the Patton Electronics Software without notice if, at any time, you fail to comply with a material term or condition of this Software License Agreement. Immediately upon termination of this license, you will return all copies of the Patton Electronics Software to Patton Electronics, together with all documentation, modifications and enhancements thereto, or at Patton Electronics's request, destroy all copies of the Patton Electronics Software documentation, modifications and enhancements in your possession. You understand and agree that in the event of termination, Patton Electronics may use computer hardware, software or other methods to render the Patton Electronics Software inoperable.

ASSIGNMENT. You may not assign this license without the prior written consent of Patton Electronics. Patton Electronics may assign the Patton Electronics Software to any third party at its discretion, but will provide you with written notice in the event of such assignment.

CHOICE OF LAW AND VENUE. This Software License Agreement shall be governed and construed in accordance with the laws of the State of Minnesota. Any controversy or claim arising out of or related to this license and/or your use of the Patton Electronics Software shall be venued in Minnesota State District Court, County of Hennepin or the United States District Court for the District of Minnesota.

MAINTENANCE AND SUPPORT. Any software maintenance or support services provided to you by Patton Electronics, are provided at Patton Electronics's discretion, and Patton Electronics reserves the right to discontinue and/or commence charging fees for maintenance or support services at any time. You also understand and agree that any maintenance or support services provided to you by Patton Electronics are provided as is, and Patton Electronics makes no representations or warranties with regard to those services.

Agreement for using the DialFire driver software with the SCO UnixWare operating system

LICENSE. Patton Electronics grants to you only a non-assignable, nonexclusive and non-transferable license to use the software contained on this media (hereinafter "Patton Electronics Software") subject to the terms and conditions of this Software License Agreement. Your use will be limited to an object code version of the Patton Electronics Software. Your use of the Patton Electronics Software will be limited to one computer. The license will commence on the day you receive the Patton Electronics Software and will continue until this license is terminated by its own terms and conditions. You may make one copy of the Patton Electronics Software, but only for archival or backup purposes, and if you do make that additional copy, you agree to reproduce all copyright and other proprietary rights notices that appear on the Patton Electronics Software. You are granted only a limited license to use the Patton Electronics Software, and Patton Electronics retains all right, title, interest and ownership in and to the Patton Electronics Software, which includes all rights arising under the patent, copyright, trade secret or trademark laws of the United States or any foreign jurisdiction.

CONFIDENTIALITY. You understand and agree that the Patton Electronics Software contains valuable confidential and trade secret information which is the extremely valuable property of Patton Electronics. You agree to expend all necessary efforts to ensure that the Patton Electronics Software is not disclosed or made available to any third party or any employee or contractor that doesn't have a need to know.

REVERSE ENGINEERING. You agree not to disassemble, decompile or reverse engineer the Patton Electronics Software under any circumstances.

WARRANTIES. Patton Electronics warrants only that: (a) the media upon which you receive Patton Electronics Software will be free of defects in material and workmanship for a period of ninety (90) days from your receipt of the Patton Electronics Software; and (b) that if the Patton Electronics Software is supplied to you electronically, and there is an error in transmission, and you inform us of that error within ninety days of your receipt of the Patton Electronics Software, Patton Electronics will re-transmit the Software to you. YOU UNDERSTAND AND AGREE THAT EXCEPT AS STATED ABOVE, THE PATTON ELECTRONICS SOFTWARE IS SUPPLIED 'AS IS,' AND PATTON ELECTRONICS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, GUARANTEES, OR REMEDIES WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

LIABILITY LIMITATIONS. UNDER NO CIRCUMSTANCES WILL PATTON ELECTRONICS OR ANY OF ITS DISTRIBUTORS OR SUPPLIERS BE LIABLE FOR LOSS OF DATA, REPROCUREMENT COSTS, LOST REVENUE OR PROFITS OR ANY OTHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF THOSE DAMAGES WERE FORESEEABLE OR YOU HAVE INFORMED PATTON ELECTRONICS OF POTENTIAL LIABILITY. PATTON ELECTRONICS'S TOTAL LIABILITY TO YOU FOR DAMAGES FOR ANY REASON SHALL NOT EXCEED THE PRICE ACTUALLY PAID TO PATTON ELECTRONICS BY YOU FOR THE PRODUCT ASSOCIATED WITH THE SOFTWARE.

TITLE AND OWNERSHIP. You acknowledge and agree that Patton Electronics retains all right, title and interest in and to the Software. You agree to indemnify, defend and hold harmless Patton Electronics against any loss suffered or expenditure made by Patton Electronics arising from an assertion of an interest in or title to the Patton Electronics Software by you and against any breach by you of any copyright, patent rights, or any other rights in the Patton Electronics Software.

TERMINATION. You acknowledge and agree that Patton Electronics may terminate your license and use of the Patton Electronics Software without notice if, at any time, you fail to comply with a material term or condition of this Software License Agreement. Immediately upon termination of this license, you will return all copies of the Patton Electronics Software to Patton Electronics, together with all documentation, modifications and enhancements thereto, or at Patton Electronics's request, destroy all copies of the Patton Electronics Software documentation, modifications and enhancements in your possession. You understand and agree that in the event of termination, Patton Electronics may use computer hardware, software or other methods to render the Patton Electronics Software inoperable.

ASSIGNMENT. You may not assign this license without the prior written consent of Patton Electronics. Patton Electronics may assign the Patton Electronics Software to any third party at its discretion, but will provide you with written notice in the event of such assignment.

CHOICE OF LAW AND VENUE. This Software License Agreement shall be governed and construed in accordance with the laws of the State of Minnesota. Any controversy or claim arising out of or related to this license and/or your use of the Patton Electronics Software shall be venued in Minnesota State District Court, County of Hennepin or the United States District Court for the District of Minnesota.

MAINTENANCE AND SUPPORT. Any software maintenance or support services provided to you by Patton Electronics, are provided at Patton Electronics's discretion, and Patton Electronics reserves the right to discontinue and/or commence charging fees for maintenance or support services at any time. You also understand and agree that any maintenance or support services provided to you by Patton Electronics are provided as is, and Patton Electronics makes no representations or warranties with regard to those services.

Agreement for using the DialFire driver software with the Solaris operating system

LICENSE. Patton Electronics grants to you only a non-assignable, nonexclusive and non-transferable license to use the software contained on this media (hereinafter "Patton Electronics Software") subject to the terms and conditions of this Software License Agreement. Your use will be limited to an object code version of the Patton Electronics Software. Your use of the Patton Electronics Software will be limited to one computer. The license will commence on the day you receive the Patton Electronics Software and will continue until this license is terminated by its own terms and conditions. You may make one copy of the Patton Electronics Software, but only for archival or backup purposes, and if you do make that additional copy, you agree to reproduce all copyright and other proprietary rights notices that appear on the Patton Electronics Software. You are granted only a limited license to use the Patton Electronics Software, and Patton Electronics retains all right, title, interest and ownership in and to the Patton Electronics Software, which includes all rights arising under the patent, copyright, trade secret or trademark laws of the United States or any foreign jurisdiction.

CONFIDENTIALITY. You understand and agree that the Patton Electronics Software contains valuable confidential and trade secret information which is the extremely valuable property of Patton Electronics. You agree to expend all necessary efforts to ensure that the Patton Electronics Software is not disclosed or made available to any third party or any employee or contractor that doesn't have a need to know.

REVERSE ENGINEERING. You agree not to disassemble, decompile or reverse engineer the Patton Electronics Software under any circumstances.

WARRANTIES. Patton Electronics warrants only that: (a) the media upon which you receive Patton Electronics Software will be free of defects in material and workmanship for a period of ninety (90) days from your receipt of the Patton Electronics Software; and (b) that if the Patton Electronics Software is supplied to you electronically, and there is an error in transmission, and you inform us of that error within ninety days of your receipt of the Patton Electronics Software, Patton Electronics will re-transmit the Software to you. YOU UNDERSTAND AND AGREE THAT EXCEPT AS STATED ABOVE, THE PATTON ELECTRONICS SOFTWARE IS SUPPLIED 'AS IS,' AND PATTON ELECTRONICS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, GUARANTEES, OR REMEDIES WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

LIABILITY LIMITATIONS. UNDER NO CIRCUMSTANCES WILL PATTON ELECTRONICS OR ANY OF ITS DISTRIBUTORS OR SUPPLIERS BE LIABLE FOR LOSS OF DATA, REPROCUREMENT COSTS, LOST REVENUE OR PROFITS OR ANY OTHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF THOSE DAMAGES WERE FORESEEABLE OR YOU HAVE INFORMED PATTON ELECTRONICS OF POTENTIAL LIABILITY. PATTON ELECTRONICS'S TOTAL LIABILITY TO YOU FOR DAMAGES FOR ANY REASON SHALL NOT EXCEED THE PRICE ACTUALLY PAID TO PATTON ELECTRONICS BY YOU FOR THE PRODUCT ASSOCIATED WITH THE SOFTWARE. TITLE AND OWNERSHIP. You acknowledge and agree that Patton Electronics retains all right, title and interest in and to the Software. You agree to indemnify, defend and hold harmless Patton Electronics against any loss suffered or expenditure made by Patton Electronics arising from an assertion of an interest in or title to the Patton Electronics Software by you and against any breach by you of any copyright, patent rights, or any other rights in the Patton Electronics Software.

TERMINATION. You acknowledge and agree that Patton Electronics may terminate your license and use of the Patton Electronics Software without notice if, at any time, you fail to comply with a material term or condition of this Software License Agreement. Immediately upon termination of this license, you will return all copies of the Patton Electronics Software to Patton Electronics, together with all documentation, modifications and enhancements thereto, or at Patton Electronics's request, destroy all copies of the Patton Electronics Software documentation, modifications and enhancements in your possession. You understand and agree that in the event of termination, Patton Electronics may use computer hardware, software or other methods to render the Patton Electronics Software inoperable.

ASSIGNMENT. You may not assign this license without the prior written consent of Patton Electronics. Patton Electronics may assign the Patton Electronics Software to any third party at its discretion, but will provide you with written notice in the event of such assignment.

CHOICE OF LAW AND VENUE. This Software License Agreement shall be governed and construed in accordance with the laws of the State of Minnesota. Any controversy or claim arising out of or related to this license and/or your use of the Patton Electronics Software shall be venued in Minnesota State District Court, County of Hennepin or the United States District Court for the District of Minnesota.

MAINTENANCE AND SUPPORT. Any software maintenance or support services provided to you by Patton Electronics, are provided at Patton Electronics's discretion, and Patton Electronics reserves the right to discontinue and/or commence charging fees for maintenance or support services at any time. You also understand and agree that any maintenance or support services provided to you by Patton Electronics are provided as is, and Patton Electronics makes no representations or warranties with regard to those services.

Agreement for using the DialFire driver software with the Microsoft Windows NT operating system

LICENSE. Patton Electronics grants to you only a non-assignable, nonexclusive and non-transferable license to use the software contained on this media (hereinafter "Patton Electronics Software") subject to the terms and conditions of this Software License Agreement. Your use will be limited to an object code version of the Patton Electronics Software. Your use of the Patton Electronics Software will be limited to one computer. The license will commence on the day you receive the Patton Electronics Software and will continue until this license is terminated by its own terms and conditions. You may make one copy of the Patton Electronics Software, but only for archival or backup purposes, and if you do make that additional copy, you agree to reproduce all copyright and other proprietary rights notices that appear on the Patton Electronics Software. You are granted only a limited license to use the Patton Electronics Software, and Patton Electronics retains all right, title, interest and ownership in and to the Patton Electronics Software, which includes all rights arising under the patent, copyright, trade secret or trademark laws of the United States or any foreign jurisdiction.

CONFIDENTIALITY. You understand and agree that the Patton Electronics Software contains valuable confidential and trade secret information which is the extremely valuable property of Patton Electronics. You agree to expend all necessary efforts to ensure that the Patton Electronics Software is not disclosed or made available to any third party or any employee or contractor that doesn't have a need to know.

REVERSE ENGINEERING. You agree not to disassemble, decompile or reverse engineer the Patton Electronics Software under any circumstances.

WARRANTIES. Patton Electronics warrants only that: (a) the media upon which you receive Patton Electronics Software will be free of defects in material and workmanship for a period of ninety (90) days from your receipt of the Patton Electronics Software; and (b) that if the Patton Electronics Software is supplied to you electronically, and there is an error in transmission, and you inform us of that error within ninety days of your receipt of the Patton Electronics Software, Patton Electronics will re-transmit the Software to you. YOU UNDERSTAND AND AGREE THAT EXCEPT AS STATED ABOVE, THE PATTON ELECTRONICS SOFTWARE IS SUPPLIED 'AS IS,' AND PATTON ELECTRONICS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, GUARANTEES, OR REMEDIES WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

LIABILITY LIMITATIONS. UNDER NO CIRCUMSTANCES WILL PATTON ELECTRONICS OR ANY OF ITS DISTRIBUTORS OR SUPPLIERS BE LIABLE FOR LOSS OF DATA, REPROCUREMENT COSTS, LOST REVENUE OR PROFITS OR ANY OTHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF THOSE DAMAGES WERE FORESEEABLE OR YOU HAVE INFORMED PATTON ELECTRONICS OF POTENTIAL LIABILITY. PATTON ELECTRONICS'S TOTAL LIABILITY TO YOU FOR DAMAGES FOR ANY REASON SHALL NOT EXCEED THE PRICE ACTUALLY PAID TO PATTON ELECTRONICS BY YOU FOR THE PRODUCT ASSOCIATED WITH THE SOFTWARE.

TITLE AND OWNERSHIP. You acknowledge and agree that Patton Electronics retains all right, title and interest in and to the Software. You agree to indemnify, defend and hold harmless Patton Electronics against any loss suffered or expenditure made by Patton Electronics arising from an assertion of an interest in or title to the Patton Electronics Software by you and against any breach by you of any copyright, patent rights, or any other rights in the Patton Electronics Software.

TERMINATION. You acknowledge and agree that Patton Electronics may terminate your license and use of the Patton Electronics Software without notice if, at any time, you fail to comply with a material term or condition of this Software License Agreement. Immediately upon termination of this license, you will return all copies of the Patton Electronics Software to Patton Electronics, together with all documentation, modifications and enhancements thereto, or at Patton Electronics's request, destroy all copies of the Patton Electronics Software documentation, modifications and enhancements in your possession. You understand and agree that in the event of termination, Patton Electronics may use computer hardware, software or other methods to render the Patton Electronics Software inoperable.

ASSIGNMENT. You may not assign this license without the prior written consent of Patton Electronics. Patton Electronics may assign the Patton Electronics Software to any third party at its discretion, but will provide you with written notice in the event of such assignment.

CHOICE OF LAW AND VENUE. This Software License Agreement shall be governed and construed in accordance with the laws of the State of Minnesota. Any controversy or claim arising out of or related to this license and/or your use of the Patton Electronics Software shall be venued in Minnesota State District Court, County of Hennepin or the United States District Court for the District of Minnesota.

MAINTENANCE AND SUPPORT. Any software maintenance or support services provided to you by Patton Electronics, are provided at Patton Electronics's discretion, and Patton Electronics reserves the right to discontinue and/or commence charging fees for maintenance or support services at any time. You also understand and agree that any maintenance or support services provided to you by Patton Electronics are provided as is, and Patton Electronics makes no representations or warranties with regard to those services.

 

 
 
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