5
License Agreement and End-User License Agreement
End-User License Agreement for RF IDeas
™
SOFTWARE and
HARDWARE - RF
IDeas’ pcProx
®
, Proximity Activated Readers, Software
Developer’s Kit, and Proximity Reader DLLs, and Protocol(s).
IMPORTANT-READ CAREFULLY: This End-User License Agreement
(“EULA”) is a legal agreement between you (either an individual or a single
entity) and the manufacturer RF IDeas
(“Manufacturer”) with which you
acquired the RF IDeas software and hardware product(s) identified above
(“PRODUCT”). The PRODUCT includes the RF IDeas reader, computer
software, the associated media, any printed materials, and any “on
line” or electronic documentation. The SOFTWARE PORTION OF THE
PRODUCT includes the computer software, the associated media, any
printed materials, and any “on line” or electronic documentation. By
installing, copying or otherwise using the PRODUCT, you agree to be
bound by the terms of this EULA. If you do not agree to the terms of this
EULA, RF IDeas is unwilling to license the PRODUCT to you. In such
event, you may not use or copy the SOFTWARE PORTION OF THE
PRODUCT, and you should promptly contact the vendor you obtained
this PRODUCT from for instructions on return of the unused product(s)
for a refund.
The products described in this publication are intended for consumer
applications. RF IDeas assumes no liability for the performance of
product. RF IDeas products are not suitable for use in life-support
applications, biological hazard applications, nuclear control applications,
or radioactive areas. None of these products or components, software or
hardware, are intended for applications that provide life support or any
critical function necessary for the support of protection of life, property
or business interests. The user assumes responsibility for the use of any
of these products in any such application. RF IDeas shall not be liable
for losses due to failure of any of these products, or components of
these products, beyond the RF IDeas commercial warranty, limited to the
original purchase price.
SOFTWARE PRODUCT LICENSE: The PRODUCT is protected by
copyright laws and international copyright treaties, as well as other
intellectual property laws and treaties. The SOFTWARE PORTION OF
THE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE. This EULA grants you the following rights:
*Software. You may install and use one copy of the SOFTWARE
PORTION OF THE PRODUCT on the COMPUTER. *Network Services.
If the SOFTWARE PORTION OF THE PRODUCT includes functionality
that enables the COMPUTER to act as a network server, any number
of computers or workstations may access or otherwise utilize the basic
network services of that server. The basic network services are more
fully described in the printed materials accompanying the SOFTWARE
PORTION OF THE PRODUCT. *Storage/Network Use. You may also
store or install a copy of the computer SOFTWARE PORTION OF THE
PRODUCT on the COMPUTER to allow your other computers to use the
SOFTWARE PORTION OF THE PRODUCT over an internal network, and
distribute the SOFTWARE PORTION OF THE PRODUCT to your other
computers over an internal network.
1.1 General License Grant. RF IDeas grants to an individual, a personal,
nonexclusive license to make and use copies of the SOFTWARE
PRODUCT for the sole purposes of designing, developing, and testing
your software product(s) that are designed to operate in conjunction with
any RF IDeas designed proximity reader product. You may install copies
of the SOFTWARE PRODUCT on an unlimited number of computers
provided that you are the only individual using the SOFTWARE PRODUCT.
If you are an entity, RF IDeas grants the right to designate one individual
within your organization to have the sole right to use the SOFTWARE
PRODUCT in the manner provided above.
1.2 Documentation. This EULA grants an individual, a personal,
nonexclusive license to make and use an unlimited number of copies
of any documentation, provided that such copies shall be used only for
personal purposes and are not to be republished or distributed (either
in hard copy or electronic form) beyond the
user’s premises and with
the following exception: you may use documentation identified in the
SOFTWARE PRODUCT as the file format specification for RF IDeas’
proximity readers solely in connection with your development of software
product(s) or an integrated work or product suite whose components
include one or more general purpose software products.
1.3 Storage/Network Use. You may also store or install a copy of the
SOFTWARE PRODUCT on a storage device, such as a network server,
used only to install or run the SOFTWARE PRODUCT on computers used
by a licensed end user in accordance with Section 1.1. A single license
for the SOFTWARE PRODUCT may not be shared or used concurrently
by other end users.
1.4 Sample Code. RF IDeas grants you the right to use and modify the
source code version of those portions of the SOFTWARE PRODUCT
identified as
“Samples in the SOFTWARE PRODUCT (“Sample Code”) for
the sole purposes to design, develop, and test your software product(s),
and to reproduce and distribute the Sample Code, along with any
modifications thereof, only in object code form.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. *Limitations
on Reverse Engineering, De-compilation and Disassembly. You may not
reverse engineer, decompile, or disassemble the PRODUCT, except and
only to the extent that such activity is expressly permitted by applicable
law notwithstanding this limitation *You may not reproduce or otherwise
emulate, in whole or in part, any form the protocol(s) defined within
this PRODUCT for use without a RF IDeas PRODUCT Redistributable
Code. If you are authorized and choose to redistribute Sample Code
(“Redistributables”) as described in Section 1.4, you agree to: (a)
distribute the Redistributables in object code only in conjunction with and
as a part of a software application product developed by you using the
PRODUCT accompanying this EULA that adds significant and primary
functionality to the SOFTWARE PRODUCT (“Licensed Product”); (b)
not use RF IDeas’ name, logo, or trademarks to market the Licensed
Product; (c) include a valid copyright notice on the Licensed Product;
(d) indemnify, hold harmless, and defend RF IDeas from and against any
claims or lawsuits, including attorney
’s fees, that arise or result from the
use or distribution of the Licensed Product; (e) otherwise comply with
the terms of this EULA; and (f) agree that RF IDeas reserves all rights not
expressly granted. You also agree not to permit further distribution of the
Redistributables by your end users except: (1) you may permit further
redistribution of the Redistributables by your distributors to your end-
user customers if your distributors only distribute the Redistributables
in conjunction with, and as part of, the Licensed Product and you and
your distributors comply with all other terms of this EULA; and (2) in the
manner described in Section 1.4.
*Separation of Components. The PRODUCT is licensed as a single
product. Its component parts may not be separated for use on more
than one computer.
*Single COMPUTER. The PRODUCT is licensed with the COMPUTER as
a single integrated product. The PRODUCT may only be used with the
COMPUTER.
*Rental. You may not rent or lease the PRODUCT without permission
from RF IDeas.
*Software Transfer. You may permanently transfer all of your rights
under this EULA only as part of a sale or transfer of the COMPUTER,
provided you retain no copies, you transfer all of the PRODUCT (including
all component parts, the media and printed materials, any upgrades,
this EULA and, if applicable, the Certificate(s) of Authenticity), AND
the recipient agrees to the terms of this EULA. If the PRODUCT is an
upgrade, any transfer must include all prior versions of the PRODUCT.
*Termination. Without prejudice to any other rights, RF IDeas may
terminate this EULA if you fail to comply with the terms and conditions of
this EULA. In such event, you must destroy all copies of the SOFTWARE
PORTION OF THE PRODUCT and all of its component parts.
3. UPGRADES. If the SOFTWARE PORTION OF THE PRODUCT is
an upgrade from another product, whether from RF IDeas or another
supplier, you may use or transfer the PRODUCT only in conjunction with
that upgraded product, unless you destroy the upgraded product. If the
SOFTWARE PORTION OF THE PRODUCT is an upgrade of a RF IDeas
product, you now may use that upgraded product only in accordance
with this EULA. If the SOFTWARE PORTION OF THE PRODUCT is an
upgrade of a component of a package of software programs which
you licensed as a single product, the SOFTWARE PORTION OF THE
PRODUCT may be used and transferred only as part of that single
product package and may not be separated for use on more than one
computer.
4. OEM COPYRIGHT. All title and copyrights in and to the PRODUCT
(including but not limited to images, photographs, animations, video,
audio, music, text and “applets,” incorporated into the PRODUCT), the
accompanying printed materials, and any copies of the SOFTWARE
