By opening this package, operating the Designated
Equipment or downloading the Program(s) electronically,
the End User agrees to the following conditions:
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)
B) "Program(s)" shall mean all software,
software documentation, source code, object code, or executable
C) "End User" shall mean the person
or organization which has valid title to the Designated
D) "Designated Equipment" shall
mean the hardware on which the Program(s) have been designed
and provided to operate by the End User.
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.
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
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
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)
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:
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.
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.
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.