ANSI/EIA 709.1-A-1999 EXAMPLE CODE SOFTWARE LICENSE AGREEMENT
NOTICE
This is a legal agreement between You and Echelon Corporation.
YOU MUST READ AND AGREE TO THE TERMS OF THIS SOFTWARE LICENSE AGREEMENT
BEFORE THE EXAMPLE CODE CAN BE DOWNLOADED OR INSTALLED OR USED. BY DOWNLOADING
THE EXAMPLE CODE, OR INSTALLING THE EXAMPLE CODE, OR USING THE EXAMPLE
CODE, OR CLICKING ON THE "ACCEPT" BUTTON OF THIS SOFTWARE LICENSE AGREEMENT,
YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS SOFTWARE
LICENSE AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF
THIS SOFTWARE LICENSE AGREEMENT, THEN YOU SHOULD EXIT THIS PAGE AND NOT
DOWNLOAD OR INSTALL OR USE THE EXAMPLE CODE. BY DOING SO, YOU FOREGO ANY
IMPLIED OR STATED RIGHTS TO DOWNLOAD OR INSTALL OR USE THE EXAMPLE CODE.
SOFTWARE LICENSE AGREEMENT
Echelon Corporation ("Echelon") grants You a limited, non-exclusive,
non-transferable license, under Echelon Copyrights, to download, install
and use the Example Code and any revisions thereto made available by Echelon
according to the terms set forth below.
DEFINITIONS
For the purpose of this Agreement, the following terms
shall have the following meanings:
- "Example Code" means the computer software programs
in source code form that implement the standard ANSI/EIA 709.1-A-1999
(October 1999), and associated documentation, that are included in the
following file: ref709-1.zip
- "You(r)" means the company, entity or individual who
submits the registration form at the end of this Software License Agreement,
or on whose behalf such registration form is submitted.
- "Echelon Copyrights" means Echelon's copyrights in
and to the Example Code.
- "Echelon Patents" means the following patents: U.S.
Patent Nos. 4,918,690 ("Network and Intelligent Cell for Providing Sensing,
Bi-Directional Communications and Control"), 4,941,143 ("Protocol for
Network Having a Plurality of Intelligent Cells"), 4,955,018 ("Protocol
for Network Having a Plurality of Intelligent Cells"), 4,969,147 ("Network
and Intelligent Cell for Providing Sensing, Bi-Directional Communications
and Control"), 5,182,746 ("Transceiver Interface"), 5,297,143 ("Network
Communication Protocol Including a Reliable Multi-Tasking Technique"),
5,319,641 ("Multiaccess Carrier Sensing Network Communication Protocol
with Priority Messages"), 5,420,572 ("Configuration Device for Use in
a Networked Communication System"), 5,500,852 ("Method and Apparatus
for Network Variable Aliasing"), 5,513,324 ("Method and Apparatus Using
Network Variables in a Multi-Node Network"), 5,519,878 ("Method and
Apparatus for Network Node Identification"); 5,856,972 ("Duplicate Message
Detection Method and Apparatus"), 5,737,529 ("Networked Variables"),
and foreign patents based upon such U.S. patents and claiming the same
inventions.
LICENSE
You may:
(a) use the Example Code solely for internal evaluation
and internal research purposes;
(b) create and use derivative works of the Example Code internally solely
for the purposes permitted above; and
(c) reproduce the Example Code and Your derivative works thereof as
reasonably necessary for the purposes permitted above and for backup
purposes, provided that You reproduce, unaltered, all proprietary notices
on or in the copy.
You may not, and may not permit others to:
(a) use the Example Code for the purposes of product
development or commercialization or for any purpose other than internal
evaluation and internal research;
(b) reproduce the Example Code except as permitted above;
(c) create derivative works of or otherwise alter, adapt, modify or
translate the Example Code in any way for any purpose except the purposes
expressly permitted above;
(d) distribute, deploy, provide copies of, rent, loan, lease, transfer,
or grant any rights in the Example Code or derivative works thereof
in any form to any person.
This license is not a sale. Title, Echelon Patents, Echelon
Copyrights and all other rights to the Example Code and any copy made
by You remain with Echelon.
COMMERCIALIZATION
The Example Code implements the ANSI/EIA 709.1-A-1999 (October 1999).
ANSI/EIA 709.1-A-1999 (October 1999) is protected by Echelon Patents.
Echelon hereby reserves all rights in and to Echelon Patents and no license
is granted under Echelon Patents in this Software License Agreement. Echelon
generally licenses Echelon Patents for ANSI/EIA 709.1-A-1999 (October
1999) for product development and commercialization pursuant to the terms
of Echelon's standard Protocol Patent License Agreement. A copy of Echelon's
standard Protocol Patent License Agreement can be obtained from Echelon's
web site http://www.echelon.com/protocol/protocolpat.pdf.
TERMINATION
This license will continue until terminated. Unauthorized
use, reproduction or distribution of the Example Code or any other failure
to comply with the above terms will result in automatic termination of
this Agreement and will make available to Echelon other legal remedies.
This license will also automatically terminate if You go into liquidation,
suffer or make any winding up petition, make an arrangement with Your
creditors, or suffer or file any similar action in any jurisdiction in
consequence of debt. Upon termination of this license for any reason You
will destroy all copies of the Example Code and all derivative works thereof.
Any use of the Example Code or derivative works thereof after termination
is unlawful.
WARRANTY DISCLAIMER
THE EXAMPLE CODE IS PROVIDED ON AN "AS IS" BASIS. ECHELON
AND ITS SUPPLIERS MAKE AND YOU RECEIVE NO OTHER WARRANTIES OR CONDITIONS,
EXPRESS, IMPLIED, STATUTORY OR OTHERWISE OR IN ANY COMMUNICATION WITH
YOU, AND ECHELON AND ITS SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTY
OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE
OR NONINFRINGEMENT AND THEIR EQUIVALENTS. Echelon does not warrant that
the Example Code will (i) comply in all respects with ANSI/EIA 709.1-A-1999
(October 1999), (ii) meet all the requirements of the Protocol Patent
License Agreement, (iii) be error free or (iv) meet Your specific requirements.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU
MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION
TO JURISDICTION.
LIMITATION OF LIABILITY
LIMITATION OF LIABILITY IN NO EVENT WILL ECHELON OR ITS
SUPPLIERS BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS
OF OR CORRUPTION TO DATA, LOST PROFITS, LOSS OF CONTRACTS, COST OF PROCUREMENT
OF SUBSTITUTE PRODUCTS OR ANY OTHER DIRECT, SPECIAL, INCIDENTAL, PUNITIVE,
CONSEQUENTIAL OR INDIRECT DAMAGES, LOSSES, COSTS OR EXPENSES OF ANY KIND
ARISING FROM THE SUPPLY OR USE OF THE EXAMPLE CODE, HOWEVER CAUSED AND
ON ANY THEORY OF LIABILITY (INCLUDING WITHOUT LIMITATION NEGLIGENCE).
THIS LIMITATION WILL APPLY EVEN IF ECHELON OR AN AUTHORIZED DISTRIBUTOR
HAS BEEN ADVISED OF THEIR POSSIBILITY. THIS LIMITATION WILL NOT APPLY
TO THE EXTENT THAT LIABILITY MAY NOT BY LAW BE LIMITED OR EXCLUDED.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
SAFE OPERATION
YOU ASSUME RESPONSIBILITY FOR, AND HEREBY AGREE TO
USE YOUR BEST EFFORTS IN, USING THE EXAMPLE CODE TO PROVIDE FOR SAFE OPERATION
THEREOF, INCLUDING, BUT NOT LIMITED TO, COMPLIANCE OR QUALIFICATION WITH
RESPECT TO ALL SAFETY LAWS, REGULATIONS AND AGENCY APPROVALS, AS APPLICABLE.
THE NEURON CHIP, LONTALK PROTOCOL, NEURON CHIP FIRMWARE AND THE EXAMPLE
CODE ARE NOT DESIGNED OR INTENDED FOR USE AS COMPONENTS IN EQUIPMENT INTENDED
FOR SURGICAL IMPLANT INTO THE BODY, OR OTHER APPLICATIONS INTENDED TO
SUPPORT OR SUSTAIN LIFE, FOR USE IN FLIGHT CONTROL OR ENGINE CONTROL EQUIPMENT
WITHIN AN AIRCRAFT, OR FOR ANY OTHER APPLICATION IN WHICH THE FAILURE
OF THE NEURON CHIP, LONTALK PROTOCOL, NEURON CHIP FIRMWARE OR THE EXAMPLE
CODE COULD CREATE A SITUATION IN WHICH PERSONAL INJURY OR DEATH MAY OCCUR,
AND YOU SHALL HAVE NO RIGHTS HEREUNDER FOR ANY SUCH APPLICATIONS.
LANGUAGE
The parties hereto confirm that it is their wish that this
Agreement, as well as other documents relating hereto, have been and shall
be written in the English language only.
Les parties aux pr�sentes confirment leur volont� que
cette convention de m�me que tous les documents y compris tout avis qui
s'y rattache, soient r�dig�s en langue anglaise.
SUPPORT
You acknowledge that Echelon offers no support or maintenance
of the Example Code.
GENERAL
This Agreement shall not be governed by the 1980 U.N. Convention
on Contracts for the International Sale of Goods; rather, this Agreement
shall be governed by the laws of the State of California, including its
Uniform Commercial Code, without reference to conflicts of laws principles.
This Agreement is the entire agreement between us and supersedes any other
communications, representations or advertising with respect to the Example
Code. The waiver of a breach of any term hereof shall in no way be construed
as a waiver of any other term or breach hereof. If any provision of this
Agreement is held invalid or unenforceable, such provision shall be revised
to the extent necessary to cure the invalidity or unenforceability, and
the remainder of the Agreement shall continue in full force and effect.
If You are acquiring the Example Code on behalf of any part of the U.S.
Government, the following provisions apply. The Example Code programs
and documentation are deemed to be "commercial computer software" and
"commercial computer software documentation", respectively, pursuant to
DFAR Section 227.7202 and FAR 12.212(b), as applicable. Any use, modification,
reproduction, release, performance, display or disclosure of the Example
Code programs and/or documentation by the U.S. Government or any of its
agencies shall be governed solely by the terms of this Agreement and shall
be prohibited except to the extent expressly permitted by the terms of
this Agreement. Any technical data provided that is not covered by the
above provisions is deemed to be "technical data-commercial items" pursuant
to DFAR Section 227.7015(a). Any use, modification, reproduction, release,
performance, display or disclosure of such technical data shall be governed
by the terms of DFAR Section 227.7015(b). You understand that Echelon
is subject to regulation by agencies of the U.S. government, including,
but not limited to, the U.S. Department of Commerce, which prohibit export
or diversion of certain technical products to certain countries. You warrant
that You will comply in all respects with the Export Administration Regulations
and all other export and re-export restrictions applicable to the Example
Code licensed hereunder. The person entering into this Software License
Agreement represents and warrants that such person is authorized to bind
and does so bind his or her principal or employer and has adequate legal
capacity to enter this Software License Agreement. You may not assign
this Software License Agreement or any rights or obligations hereunder,
directly or indirectly, by operation of law or otherwise, without the
prior written consent of Echelon. Subject to the foregoing sentence, this
Software License Agreement shall inure to the benefit of and be binding
upon the parties and their respective successors and permitted assigns.
