End User License Agreement
56
SmartNode 4970A User Manual
G
• End user license agreement
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 provi-
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)
7. Notices
Patton devices may log, collect and report data related to installed software, licenses, feature utilization, product
performance, device management, service quality and other parameters which is used for quality control, prod-
uct improvement, license management, service level management and technical support. Collected data may be
reported to Patton or a service provider delivering its services connected to the device.
Patton may use this information for other business purposes, such as to alerting you to updated products or ser-
vices, securing access to software updates, and assisting in order processing.
Any and all information collected by Patton or its assigns will be kept strictly confidential and will not be sold,
rented, loaned, or otherwise disclosed to any third party except as required by law.
8. Other Licenses
The Program may be subject to licenses extended by third parties. Accordingly, Patton Electronics Company
licenses the Programs subject to the terms and conditions dictated by third parties. Third party software identi-
fied to the Programs includes:
•
The LGPL (Lesser General Public License) open source license distributed to you pursuant to the LGPL
license terms (
http://www.gnu.org/licenses/lgpl.html
).
•
RedBoot (Red Hat Embedded Debug and Bootstrap) embedded system debug/bootstrap environment from
Red Hat distributed to you pursuant to the eCos license terms (
ecos.sourceware.org/license-overview.html
)
and GNU General Public License (GPL) terms (
www.gnu.org/copyleft/gpl.html
). Source code is available
upon request.
