Beta Draft Confidential
Software License Agreement
Basic Series Network Thermostat Configuration Guide, Release 3.0
iii
Part No. 600-01000-201, Rev. 1
License for Use of Proliphix Software
IMPORTANT NOTICE -- READ CAREFULLY: This License For Customer Use of the Proliphix
Remote Management Interface Software ("PROLIPHIX LICENSE") is the agreement which governs use
of the software of Proliphix Incorporated and its subsidiaries ("Proliphix") downloadable here from,
including computer software and associated printed materials ("PROLIPHIX SOFTWARE"). By
downloading, installing, or otherwise using the PROLIPHIX SOFTWARE, you agree to be bound by the
terms of this PROLIPHIX LICENSE. If you do not agree to the terms of this PROLIPHIX LICENSE, do
not download or run the PROLIPHIX SOFTWARE.
RECITALS
Use of Proliphix's products requires four elements: the Thermostat, the Thermostat FIRMWARE, the
Proliphix Remote Management Software and a personal computer. The PROLIPHIX SOFTWARE is
protected by copyright laws and international copyright treaties, as well as other intellectual property
laws and treaties. This PROLIPHIX LICENSE sets forth the terms and conditions of the SOFTWARE
LICENSE only.
DEFINITIONS
Customer
. Customer means the entity or individual that uses the SOFTWARE.
GRANT OF
LICENSE
Rights and Limitations of Grant
. Proliphix hereby grants Customer the following non-exclusive,
non-transferable right to use the SOFTWARE, with the following limitations:
Rights
. Customer may use the SOFTWARE on one or more computers, and may not otherwise copy the
SOFTWARE. This PROLIPHIX LICENSE of SOFTWARE may be used concurrently on different
computers.
LIMITATIONS
No Reverse Engineering
. Customer may not reverse engineer, decompile, or disassemble the
SOFTWARE, nor attempt in any other manner to obtain the source code.
No Separation of Components
. The SOFTWARE is licensed as a single product. Its component parts
may not be separated for use on more than one computer, nor otherwise used separately from the other
parts.
No Rental
. Customer may not rent or lease the SOFTWARE to someone else.
TERMINATION
This LICENSE will automatically terminate if Customer fails to comply with any of the terms and
conditions hereof. In such event, Customer will be prohibited from access to the SOFTWARE by
termination of Customer’s Remote Management Interface account.
Defensive Suspension
. If Customer commences or participates in any legal proceeding against Proliphix,
then Proliphix may, in its sole discretion, suspend or terminate all license grants and any other rights
provided under this LICENSE during the pendency of such legal proceedings.
COPYRIGHT
All title and copyrights in and to the SOFTWARE (including but not limited to all images, photographs,
animations, video, audio, music, text, and other information incorporated into the SOFTWARE), the
accompanying printed materials, and any copies of the SOFTWARE, are owned by Proliphix, or its
suppliers. The SOFTWARE is protected by copyright laws and international treaty provisions.
Accordingly, Customer is required to treat the SOFTWARE like any other copyrighted material, except
as otherwise allowed pursuant to this LICENSE and that it may make one copy of the SOFTWARE
solely for backup or archive purposes.
APPLICABLE
LAW
This LICENSE shall be deemed to have been made in, and shall be construed pursuant to, the laws of the
Commonwealth of Massachusetts. The United Nations Convention on Contracts for the International Sale
of Goods is specifically disclaimed.
