software products licensed by CalAmp for use in computer applications development or integration including the computer programs, libraries
and related materials either contained on the media provided to you by or from
CalAmp, or which you have received or downloaded electronically. “Application” means a compiled or executable software program created by
Developer that uses some or all of the functionality of the Software.
“Software Copies” means the actual copies of all or any portion of the Software including backups, updates, merged or partial copies permitted
hereunder or subsequently licensed to you. “Documentation” means the non-
Software information contained on the media provided with this package or downloaded and which is used with and describes the operation and
use of the Software. “Documentation Copies” means the actual copies of all
or any portion of the Documentation including backups, updates, merged or partial copies permitted hereunder or subsequently provided to you.
“Related Materials” means all other materials and whatever is provided by or
from CalAmp, and the non-Software and non-Documentation contained on the media supplied, downloaded, or otherwise supplied by or from
CalAmp for use with the Software and Documentation. “Server” means a single,
networked computer that is accessible to other client machines on the network. “User” means (i) a single person using an Application for his/her
internal, use or (ii) a single terminal or a single workstation of a computer
used only by a person (and not accessed otherwise) for accessing an Application. “Use License” means limited rights granted by CalAmp for
deployment of a single Application to a User. “Developer” means a single
programmer developing an Application. “Developer License” means the grant of certain limited rights to use and maintain the Software, Software
Copies, Documentation, Documentation Copies and Related Materials in
development of Applications.
Background:
A Developer License is required for each Developer who uses the Software in building Application(s). A Use License is required
and must be purchased by Customer for each User to which Customer
provides access to an Application (unless a Server or Site license for unlimited or a specified number of users has been purchased). Each Use
License is specific to one client-side Application only and may not be used for
any other client-side Application. Each Server license is limited to Server-based Applications deployed on that Server for which the license has
been purchased as specified in a CalAmp License Certificate. The Software is
licensed on a per Developer, and on a per User, per Application basis. In order to preserve and protect its rights under applicable law, CalAmp is
not selling you ownership rights to Software or Documentation (owned by or
licensed to CalAmp). CalAmp specifically retains title to all CalAmp Software, Documentation and Related Materials and CalAmp licensors
retain title to items owned by them.
Duration:
This License Agreement is effective from the day you install or start using the Software, or receive or download it electronically, and
continues until terminated. If you fail to comply with any provision of the
License, termination is automatic, without notice from CalAmp and without the necessity for recourse to any judicial authority. Upon
termination, you must destroy the Related Materials, the Software, Documentation and
all Software and Documentation copies. CalAmp can also enforce its other legal and equitable rights.
Developer License Only—Uses Permitted:
Software and Documentation may be used for the sole purpose of developing Applications and only
by a licensed Developer. Software and Documentation may be installed onto
a hard disk drive or a Server, access to which is restricted to Developers for which a Developer License has been purchased and may also be
stored or installed on a storage device such as a network server, used only to
install or access the Software or Documentation on your other computers over an internal network; however, you must have acquired a license for
each separate computer on which the Software or Documentation is installed
or accessed from the storage device. A Developer License may not be shared or used concurrently on different computers. One backup copy may
be made for each legally obtained media copy or electronic copy you have
received, provided that all CalAmp and third party licensor information — including copyright notices — are maintained and possession of the
copy is retained in a secure location. In addition, you agree to use reasonable
efforts to protect the Software and Documentation from unauthorized use, reproduction, distribution or publication. All rights not specifically
granted in this License are reserved by CalAmp.
Customer agrees to include the notice “Copyright © 1999 – 2009 CalAmp Wireless Networks., All Rights Reserved” in Applications developed
with the Software. Customer agrees to include the following CalAmp Copyright
and Government Restricted Use notice in all documentation and in any Application on-line help or readme file.
“Portions of this computer program are owned by CalAmp Wireless Networks., Copyright © l999 – 2009, CalAmp Wireless Networks., All
Rights Reserved. Use, duplication or disclosure by the Government is subject to restrictions
as set forth in subparagraph ©(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs
©(l) and (2) of the Commercial Computer Software-Restricted Rights at 48
CFR 52.227-19, as applicable. Manufacturer is CalAmp Wireless Networks., 15635 Alton Pkwy #250, Irvine, CA 92618. Rights are reserved
under copyright laws of the United States with respect to unpublished portions of the
Software.”
Developer(s) License—Uses Not Permitted:
Unless Otherwise Agreed To In Writing with CalAmp, You May Not (1) Make derivative works
including but not limited to translations, adaptations, arrangements or any other
alteration (each of which would become the property of CalAmp or its licensors, as applicable) or make copies of the Software or Documentation
except as permitted above; (2) Make copies of the Related Materials; (3) Use
any CalAmp product to translate the product of another licensor unless you have the legal right to do so; (4) Allow a greater number of
Developers to access the Software at any one time than the total number of Developer
licenses for which you have paid; (5) Rent, lease, sublicense or lend the Software, Software Copies, Documentation, Documentation Copies,
Related Materials or your rights under this License or allow access to the
Software for unlicensed users; (6) Alter, decompile (except to the limited extent that decompilation by the licensed Developer only is necessary
as the only available way to achieve interoperability with other programs and,
in that situation, any resulting information cannot be used in developing, producing or marketing any software substantially similar in expression
to the Software), disassemble or reverse engineer the Software; (7) Make any
attempt to unlock or bypass any initialization system or encryption techniques utilized by the Software or Documentation; (8) Alter, remove or
obscure any proprietary legend, copyright or trademark notice contained in or