XPort Direct™ Integration Guide/Data Sheet
3
XPort DIRECT™ FIRMWARE LICENSE AGREEMENT (“LICENSE”)
BY USING THE PRODUCT(S) ACCOMPANYING THIS LICENSE YOU AGREE TO BE BOUND BY THE
TERMS OF THIS LICENSE FOR THE FIRMWARE PRODUCT IDENTIFIED ABOVE WHICH INCLUDES
SOFTWARE THAT IS LOADED AND STORED WITHIN THE XPort DIRECT™ DEVICE AND MAY INCLUDE
ASSOCIATED MEDIA, PRINTED MATERIALS AND “ONLINE” OR ELECTRONIC DOCUMENTATION
(collectively, the “PRODUCT”). IF YOU DO NOT AGREE, DO NOT USE THE PRODUCT; YOU MAY
RETURN IT TO YOUR PLACE OF PURCHASE FOR A FULL REFUND.
GRANT OF LICENSE. Subject to the following terms and conditions, Lantronix Inc. (“Lantronix”) grants to the
end user (“You”) a non-exclusive, non-transferable, fully paid and royalty-free license, without the right of
sublicense, to use the Product solely in the form of the binary firmware image provided, only to the extent
necessary to use the XPort DIRECT™ hardware. Notwithstanding the foregoing, this License does not apply to
the source code or object code of the Product. This license is not a sale. You may not rent, lease, or lend the
Product. Lantronix may cancel this LICENSE if you do not abide by its terms and conditions. This LICENSE
applies to updates or supplements to the original Product, unless we provide other terms along with the update
or supplement.
RESERVATION OF RIGHTS. Lantronix reserves all rights not expressly granted to you in this LICENSE. Title
and copyrights to the Product remain with Lantronix.
LIMITATION ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You may not reverse
engineer, decompile, or disassemble the Product. You may not copy the Product or transfer it to other devices
without the express prior written consent of Lantronix.
Notwithstanding any prior agreement you may have
with Lantronix, you may only use the Product with the software that is loaded and stored within the
Product, and you may not remove such software or alter or add other software to the Product that may
result in any changes to the capabilities or functionality of the Product.
LIMITED WARRANTY FOR THE PRODUCTS ACQUIRED IN THE US AND CANADA. Lantronix warrants that
the Product will perform substantially in accordance with the accompanying materials for a period of ninety (
90
)
days from the date of receipt. AS TO ANY DEFECTS DISCOVERED AFTER THE NINETY (
90
) DAY PERIOD,
THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Any supplements or updates to the Product,
including without limitation, any (if any) service packs or hot fixes provided to you after the expiration of the
ninety day Limited Warranty period are not covered by any warranty or condition, express, implied or statutory.
LIMITATION ON REMEDIES. If the Product does not meet this Limited Warranty, your exclusive remedy shall
be, at Lantronix’s option (a) return of the price paid (if any) for the Product, or (b) repair or replacement of the
Product, that does not meet this Limited Warranty and that is returned
to Lantronix with proof of purchase. This Limited Warranty is void if failure of the Product has resulted from
accident, abuse, misapplication, abnormal use or a virus. Any replacement Product will be warranted for the
remainder of the original warranty period or thirty (
30
) days, whichever is longer. Outside the United States or
Canada, neither these remedies nor any product support services offered by Lantronix are available without
proof of purchase from an authorized international source. To exercise your remedy, contact: Lantronix, Attn.
Lantronix Sales, Lantronix Inc.
15353
Barranca Parkway, Irvine, Ca
92618
or the Lantronix subsidiary serving
your country.
DISCLAIMER OF WARRANTIES. LANTRONIX HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED
OR STATUTORY. IN NO EVENT SHALL LANTRONIX OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
DAMAGES FOR LOSS OF PROFITS OR
CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY,
FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING THAT OF GOOD FAITH OR OF
REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS
WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE
PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE
UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS LICENSE, EVEN IN THE EVENT OF THE
FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF
WARRANTY OF LANTRONIX OR ANY SUPPLIER, AND EVEN IF LANTRONIX OR ANY SUPPLIER HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALSO, THERE IS NO WARRANTY OR
CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, AND CORRESPONDENCE TO
DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE PRODUCT.
