NSDL C library
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END USER LICENCE AGREEMENT FOR THE ARM SENSINODE DEVELOPER VERSION (“SENSINODE DEVELOPER VERSION”)
THIS END USER LICENCE AGREEMENT (“LICENCE”) IS A LEGAL AGREEMENT BETWEEN YOU (EITHER A SINGLE INDIVIDUAL, OR SINGLE LEGAL ENTITY AND ARM LIMITED ("ARM") FOR THE USE OF THE SOFTWARE ACCOMPANYING THIS LICENCE. ARM IS ONLY WILLING TO LICENSE THE SOFTWARE TO YOU ON CONDITION THAT YOU ACCEPT ALL OF THE TERMS IN THIS LICENCE. BY CLICKING “I AGREE” OR BY INSTALLING OR OTHERWISE USING OR COPYING THE SOFTWARE YOU INDICATE THAT YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS LICENCE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, ARM IS UNWILLING TO LICENSE THE SOFTWARE TO YOU AND YOU MAY NOT INSTALL, USE OR COPY THE SOFTWARE.
“Example Application” means the example application delivered in source code form.
“NanoMesh” means the software comprising: NanoRouter; (iv) NanoStack.
“NanoServices” means the software comprising: (i) NanoService Platform; (ii) NanoService Client Developer (C & Java); (iii) Example Application; and (iv) NanoService Tools.
“Node” means a hardware device which has a radio interface and which may communicate with other hardware devices, and may also communicate directly or indirectly with a server-based software platform for remote management or control of such hardware.
“Separate Files” means the separate files identified in the Schedule.
“Software” means any software accompanying this Licence, any documentation supplied with it for SENSINODE DEVELOPER VERSION excluding any Separate Files. The package includes either or both: (i) NanoServices and (ii) NanoMesh .
“Term” means six(6) months from the date of dowload of the Software.
1. LICENCE GRANTS TO YOU. (i) SOFTWARE: ARM hereby grants to you, subject to the terms and conditions of this Licence, a revocable, non-exclusive, non-transferable licence to use the Software, solely for the purposes of internal evaluation. Except as permitted by clause 1(ii) below, you shall not modify the Software.
(ii) Example APPLICATION: ARM hereby grants to you, subject to the terms and conditions of this Licence, a revocable, non-exclusive, non-transferable licence to modify the Example Application, solely for the purposes of internal evaluation.
2. RESTRICTIONS ON USE OF THE SOFTWARE. (i) INSTALLATION: Unless otherwise provided herein, you shall not (a) in the aggregate, install or use more than one copy of the SENSINODE DEVELOPER VERSION, (b) download the SENSINODE DEVELOPER VERSION under more than one username, (c) alter the contents or configuration of a computer system to enable the use of the SENSINODE DEVELOPER VERSION for an aggregate period in excess of the Term for one license to such SENSINODE DEVELOPER VERSION.
(ii) Your license for a SENSINODE DEVELOPER VERSION shall be limited to use with a single internet domain name, one software application (developed by or on behalf of you) that runs on NanoService Platform and up to ten (10) Nodes for NanoMesh or one hundred (100) Nodes for NanoServices.
(iii) COPYING: You shall not use or copy the Software except as expressly authorised in this Licence. You may make one additional copy of the delivered Software media or image for backup or archival purposes.
(v) PERMITTED USERS: The Software shall only be used by your employees, or by your bona fide sub-contractors for whose acts and omissions you hereby agree to be responsible for to the same extent as you are for any acts and omissions of your employees, and provided always that such sub-contractors: (a) work only onsite at your premises; (b) comply with the terms of this Licence; (c) are contractually obligated to use the Software only for your benefit, and (d) agree to assign all their work product and any rights they create therein in the supply of such work to you. Only the single individual, company or other legal entity to whom ARM is supplying this Licence may use the Software. Except as provided in this clause, you shall not allow third parties (including but not limited to any subsidiary, parent or affiliated companies, or offsite contractors you may have) to use the Software unless ARM specifically agrees otherwise with you on a case by case basis.
(vi) REVERSE ENGINEERING: Except to the extent that such activity is permitted by applicable law you shall not reverse engineer, decompile or disassemble any of the Software. If the Software was provided to you in Europe you shall not reverse engineer, decompile or disassemble any of the Software for the purposes of error correction.
(vii) BENCHMARKING: This Licence does not prevent you from using the Software for internal benchmarking purposes. However, you shall treat any and all benchmarking data relating to the Software, and any other results of your use or testing of the Software which are indicative of its performance, efficacy, reliability or quality, as confidential information and you shall not disclose such information to any third party without the express written permission of ARM.
3. COPYRIGHT AND RESERVATION OF RIGHTS: The Software is owned by ARM or its licensors and is protected by copyright and other intellectual property laws and international treaties. The Software is licensed not sold. You acquire no rights to the Software other than as expressly provided by this Licence. You shall not remove from the Software any copyright notice or other notice and shall ensure that any such notice is reproduced in any copies of the whole or any part of the Software made by you or other permitted users.
4. SUPPORT AND MAINTENANCE. You are not entitled to support for the Software from ARM, but ARM may, at its sole discretion provide limited support to you.
5. CONFIDENTIALITY. You acknowledge that the Software and any benchmarking data and related information mentioned in clause 2 contains trade secrets and confidential material and you agree to maintain all such information in confidence and apply security measures no less stringent than the measures which you apply to protect your own like information, but not less than a reasonable degree of care, to prevent their unauthorised disclosure and use. Subject to any restrictions imposed by applicable law, the period of confidentiality shall be indefinite. You agree that you shall not use any such information other than in normal use of the Software under the licences granted in this Licence.
6. NO WARRANTIES. (i) YOU AGREE THAT THE SOFTWARE IS LICENSED “AS IS”, AND THAT ARM EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS OR OTHER TERMS, EXPRESS OR IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE.
(ii) YOU EXPRESSLY ASSUME ALL LIABILITIES AND RISKS, FOR USE OR OPERATION OF SOFTWARE APPLICATIONS, INCLUDING WITHOUT LIMITATION, SOFTWARE APPLICATIONS DESIGNED OR INTENDED FOR MISSION CRITICAL APPLICATIONS, SUCH AS PACEMAKERS, WEAPONRY, AIRCRAFT NAVIGATION, FACTORY CONTROL SYSTEMS, ETC. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
7. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ARM BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE WHETHER BASED ON A CLAIM UNDER CONTRACT, TORT OR OTHER LEGAL THEORY, EVEN IF ARM WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ARM does not seek to limit or exclude liability for death or personal injury arising from ARM's negligence or ARM’s fraud and because some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages the above limitation relating to liability for consequential damages may not apply to you.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS LICENCE, THE MAXIMUM LIABILITY OF ARM TO YOU IN AGGREGATE FOR ALL CLAIMS MADE AGAINST ARM IN CONTRACT TORT OR OTHERWISE UNDER OR IN CONNECTION WITH THE SUBJECT MATTER OF THIS LICENCE SHALL NOT EXCEED THE TOTAL OF SUMS PAID BY YOU TO ARM (IF ANY) FOR THIS LICENCE. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE OR EXTEND THE LIMIT.
8. THIRD PARTY RIGHTS. The Separate Files are delivered subject to and your use is governed by their own separate licence agreements. This Licence does not apply to such Separate Files and they are not included in the term “Software” under this Licence. You agree to comply with all terms and conditions imposed on you in respect of such Separate Files including those identified in the Schedule (“Third Party Terms”).
ARM HEREBY DISCLAIMS ANY AND ALL WARRANTIES EXPRESS OR IMPLIED FROM ANY THIRD PARTIES REGARDING ANY SEPARATE FILES, ANY THIRD PARTY MATERIALS INCLUDED IN THE SOFTWARE, ANY THIRD PARTY MATERIALS FROM WHICH THE SOFTWARE IS DERIVED (COLLECTIVELY “OTHER CODE”), AND THE USE OF ANY OR ALL THE OTHER CODE IN CONNECTION WITH THE SOFTWARE, INCLUDING (WITHOUT LIMITATION) ANY WARRANTIES OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.
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9. U.S. GOVERNMENT END USERS. US Government Restrictions: Use, duplication, reproduction, release, modification, disclosure or transfer of the Software is restricted in accordance with the terms of this Licence.
10. TERM AND TERMINATION. This Licence shall remain in force for the Term unless terminated by you or by ARM. Without prejudice to any of its other rights if you are in breach of any of the terms and conditions of this Licence then ARM may terminate this Licence immediately upon giving written notice to you. You may terminate this Licence at any time. Upon expiry or termination of this Licence by you or by ARM, you shall stop using the Software and confidential information and destroy all copies of the Software (including any derivatives thereof) and confidential information in your possession, together with all documentation and related materials. Notwithstanding the foregoing, except where ARM has terminated this Licence for your breach, your rights to distribute the Profiling Reports and the Text Reports generated prior to termination shall survive termination of this Licence, subject to the terms and conditions of this Licence. The provisions of clauses 5, 7, 8, 9, 10 and 11 shall survive termination of this Licence.
RESTRICTIONS ON TRANSFER OF LICENSED RIGHTS: The rights granted to you under this Licence may not be assigned, sublicensed or otherwise transferred by you to any third party without the prior written consent of ARM. An assignment shall be deemed to include, without limitation; (i) any transaction or series of transactions whereby a third party acquires, directly or indirectly, the power to control the management and policies of you, whether through the acquisition of voting securities, by contract or otherwise; or (ii) the sale of more than fifty percent (50%) of your assets whether in a single transaction or series of transactions. You shall not rent or lease the Software. You shall not share the Software with contractors (except as identified in the ‘PERMITTED USERS’ clause above in Clause 2) or other third parties.
GOVERNING LAW: This Licence is governed by English Law. Except where ARM agrees otherwise in; (i) a written contract signed by you and ARM; or (ii) a written contract provided by ARM and accepted by you, this is the only agreement between you and ARM relating to the Software and it may only be modified by written agreement between you and ARM. Except as expressly agreed in writing, this Licence may not be modified by purchase orders, advertising or other representation by any person. If any clause or sentence in this Licence is held by a court of law to be illegal or unenforceable the remaining provisions of this Licence shall not be affected thereby. The failure by ARM to enforce any of the provisions of this Licence, unless waived in writing, shall not constitute a waiver of ARM's rights to enforce such provision or any other provision of this Licence in the future.
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