Patton electronics 3120, Administrator'S Reference Manual

Page: 303 / 331

End User License Agreement 303
Model 3120 RAS Administrators’ Reference Guide 25 • License
2. Title:
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.
3. Term:
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:” below.
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 Equip-
ment 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 Desig-
nated 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 Agree-
ment from Patton Electronics Company is required to operate the Designated Equipment.
5. Warranty:
The Program(s) are provided “as is” without warranty of any kind. Patton Electronics Company and its licen-
sors 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 possi-
bility of such damages. Because some states do not allow the exclusion or limitation of liability for consequen-
tial 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 Gov-
ernment agrees that such Program(s) are “commercial computer software” or “computer software documenta-
tion” 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 Soft-
ware—Restricted Rights” clause at 48 C.F.R. 52.227-19 of the Federal Acquisition Regulations as applicable.
6. Termination:
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 “4. Grant of License:” above.
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)