End User License Agreement

 
 

By opening this package, operating the Designated Equipment or downloading the Program(s) electronically, the End User agrees to the following conditions:

1. Definitions:

A) "Effective Date" shall mean the earliest date of purchase or download of a product containing the Patton Electronics Company Program(s) or the Program(s) themselves.

B) "Program(s)" shall mean all software, software documentation, source code, object code, or executable code.

C) "End User" shall mean the person or organization which has valid title to the Designated Equipment.

D) "Designated Equipment" shall mean the hardware on which the Program(s) have been designed and provided to operate by the End User.

2. Title:

Title to the Program(s), all copies of the Program(s), all patent rights, copyrights, trade secrets and proprietary information in the Program(s), worldwide, remains with Patton Electronics Company or its licensors.

Patton does not convey any intellectual property title or rights in the Licensed Products to Licensee. All Licensed Products furnished by Patton, and all copies thereof, and compilations, programmatic extension, and all Patches, Updates, Upgrades and Platform Releases, are and shall remain the property of Patton or Patton’s licensors, as applicable. Further, the Licensed Products provided under this Agreement are not custom software but are standard commercial software. Except for the license use rights otherwise expressly provided in this Agreement, no right, title or interest in Patton Licensed Products is granted hereunder. Licensee shall not use any proprietary information of Patton to create any computer software program or user documentation, which is substantially similar to the Licensed Products.

3. Term:

The term of this Agreement is from the Effective Date until title of the Designated Equipment is transferred by End User or unless the license is terminated earlier as defined in "6. Termination:".

4. Grant of License:

A) During the term of this Agreement, Patton Electronics Company grants a personal, non-transferable, non-assignable and non-exclusive license to the End User to use the Program(s) only with the Designated Equipment at a site owned or leased by the End User.

B) The End User may copy licensed Program(s) as necessary for backup purposes only for use with the Designated Equipment that was first purchased or used or its temporary or permanent replacement.

C) The End User is prohibited from disassembling; decompiling, reverse-engineering or otherwise attempting to discover or disclose the Program(s), source code, methods or concepts embodied in the Program(s) or having the same done by another party.

D) Should End User transfer title of the Designated Equipment to a third party after entering into this license agreement, End User is obligated to inform the third party in writing that a separate End User License Agreement from Patton Electronics Company is required to operate the Designated Equipment.

5. Warranty:

The Program(s) are provided "as is" without warranty of any kind. Patton Electronics Company and its licensors disclaim all warranties, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose or non-infringement. In no event shall Patton Electronics Company or its licensors be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use of or inability to use the Program(s), even if Patton Electronics Company has been advised of the possibility of such damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

If the Program(s) are acquired by or on behalf of a unit or agency of the United States Government, the Government agrees that such Program(s) are "commercial computer software" or "computer software documentation" and that, absent a written agreement to the contrary, the Government's rights with respect to such Program(s) are limited by the terms of this Agreement, pursuant to Federal Acquisition Regulations 12.212(a) and/or DEARS 227.7202-1(a) and/or sub-paragraphs (a) through (d) of the "Commercial Computer Software--Restricted Rights" clause at 48 C.F.R. 52.227-19 of the Federal Acquisition Regulations as applicable.

6. Termination:

A) The End User may terminate this agreement by returning the Designated Equipment and destroying all copies of the licensed Program(s).

B) Patton Electronics Company may terminate this Agreement should End User violate any of the provisions of section "4. Grant of License:".

C) Upon termination for A or B above or the end of the Term, End User is required to destroy all copies of the licensed Program(s)

7. Notices:

Patton devices may log, collect and report data related to installed software, licenses, feature utilization, product performance, device management, service quality and other parameters which is used for quality control, product improvement, license management, service level management and technical support. Collected data may be reported to Patton or a service provider delivering its services connected to the device.

Patton may use this information for other business purposes, such as to alerting you to updated products or services, securing access to software updates, and assisting in order processing.

Any and all information collected by Patton or its assigns will be kept strictly confidential and will not be sold, rented, loaned, or otherwise disclosed to any third party except as required by law.

8. Other licenses:

The Program may be subject to licenses extended by third parties. Accordingly, Patton Electronics Company licenses the Programs subject to the terms and conditions dictated by third parties. Third party software identified to the Programs includes:

  • The LGPL (Lesser General Public License) open source license distributed to you pursuant to the LGPL license terms (www.gnu.org/licenses/lgpl.html).

9. Unenforceable Provisions:

If any part of these terms and conditions are found to be invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalid or unenforceable part only, without in any way affecting the remaining parts of these terms and conditions.

10. Governing Law:

The rights and obligations of the parties pursuant to these terms and conditions are governed by, and shall be construed in accordance with, the laws of the State of Maryland, USA.

User may be subject to other local, provincial or state and national laws. User hereby irrevocably submits to the exclusive jurisdiction of the courts of the State of Maryland, USA for any dispute arising under or relating to this agreement and waives user’s right to institute legal proceedings in any other jurisdiction. Patton shall be entitled to institute legal proceedings in connection with any matter arising under this agreement in any jurisdiction where User resides, does business, or has assets.

11. Waiver:

No waiver of any of the provisions of these terms and conditions will be deemed to constitute a waiver of any other provision nor shall such a waiver constitute a continuing waiver unless otherwise expressly provided in writing duly executed by the party to be bound thereby. Any other terms and conditions of sale, to the extent not inconsistent herein, regarding a Patton device, program, license or service remain in full force and effect.

 
 
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