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appendix
lICense aGreemenT
End Users License Agreement (EULA) for TC ICON OS (Operating System)
contained in the TC Electronic A/S embedded system: TC ICON/Remote CPU.
The TC ICON operating system is based on Microsoft NT.
Refund
If you do not agree to the terms of this EULA, TC Electronic A/S and Microsoft are
unwilling to license the TC ICON OS to you. In such event, you may not use the TC
ICON/Remote CPU, and you should promptly contact TC Electronic A/S for
instructions on return of the unused products for a refund.
Client Access Licenses
If you use the TC ICON/Remote CPU to access or utilize the services or functionality of
Microsoft Windows NT Server (all editions) or use the TC ICON/Remote CPU to permit
workstation or computing devices to access or utilize the services or functionality of
Microsoft Windows NT Server, you may be required to obtain a Client Access License for
the TC ICON/Remote CPU and/or each such workstation or computing device.
Please refer to the end user license agreement for Microsoft Windows NT Server for
additional information.
No Warranties
EXCEPT AS EXPRESSLY PROVIDED IN THE LIMITED WARRANTY SECTION
ABOVE, THE TC ICON Operating System IS PROVIDED TO YOU “AS IS” WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY,
AND/OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK OF THE
QUALITY AND PERFORMANCE OF THE TC ICON OS IS WITH YOU.
No Liability for Consequential Damages
TC Electronic A/S’s SOFTWARE SUPPLIERS SHALL NOT BE HELD TO ANY
LIABILITY FOR ANY DAMAGES SUFFERED OR INCURRED BY YOU (INCLUDING,
BUT NOT LIMITED TO, GENERAL, SPECIAL, CONSEQUENTIAL OR INCIDENTAL
DAMAGES INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE), ARISING
FROM OR IN CONNECTION WITH THE DELIVERY, USE OR PERFORMANCE OF TC
ICON OS.
Customer Remedies
TC Electronic A/S’s suppliers entire hability and your exclusive remedy shall be, at TC
Electronic A/S’s option, either (a) return of the price paid, or (b) repair or replacement of
the TC ICON/Remote CPU that does not meet the above Limited Warranty and which is
returned to TC Electronic A/S with a copy of your receipt. This Limited Warranty is void
if failure of the TC ICON/Remote CPU has resulted from accident, abuse, or misapplica-
tion. Any replacement TC ICON/Remote CPU will be warranted for the remainder of the
original warranty period or thirty (30) days, whichever is longer.
Limitations on Reverse Engineering, Decompilation and Disassembly
You may not reverse engineer, decompile, or disassemble the TC ICON OS, except and
only to the extent that such activity is expressly permitted by applicable law notwithstand-
ing this limitation.
Separation of Components
The TC ICON OS is licensed as a single product. Its component parts may not be sepa-
rated for use on more than one TC ICON/Remote CPU.
Single TC ICON/Remote CPU
The TC ICON OS is licensed with the TC ICON/Remote CPU as a single integrated
product. The TC ICON OS may only be used with the TC ICON/Remote CPU as set
forth in these licensing terms.
Rental
You may not rent, lease or lend the TC ICON OS.
TC ICON OS transfer
You may permanently transfer all of your rights set forth in these licensing terms only
as part of a permanent sale or transfer of the TC ICON/Remote CPU, provided you
retain no copies, you transfer all of the TC ICON OS (Including all component parts, the
media and printed materials, any upgrades, these licensing terms, and, if applicable, the
Certificate(s) of Authenticity), and the recipient agrees to these licensing terms. If the
TC ICON OS is an upgrade, any transfer must also include all prior versions of the TC
ICON OS.
Back-up Copy
If TC Electronic A/S has not included a back-up copy of the TC ICON OS with the TC
ICON/Remote CPU, you may make a single back-up copy of the TC ICON OS. You may
use the back-up copy solely for archival purposes. Except as expressly provided in these
licensing terms, you may not otherwise make copies of the TC ICON OS.
NOT FAULT TOLERANT
THE TC ICON OS MAY CONTAIN TECHNOLOGY THAT IS NOT FAULT TOLERANT
AND IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR
RESALE AS ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS
REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF
NUCLEAR FACILITIES, AIRCRAFT MACHINES, OR WEAPONS SYSTEMS, IN WHICH
THE FAILURE OF LICENSED SOFTWARE COULD LEAD DIRECTLY TO DEATH,
PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
Termination
Without prejudice to any other rights, TC Electronic A/S may terminate this license if you
fail to comply with the licensing terms. In such event, you must destroy all copies of the
TC ICON OS and all of its component parts.
Note on Java Support
The TC ICON OS may contain support for programs written in Java. Java technology
is not fault tolerant and is not designed, manufactured, or intended for use or resale as
online control equipment in hazardous environments requiring fail-safe performance,
such as in the operation of nuclear facilities, aircraft navigation or communication
systems, air traffic control, direct life support machines, or weapons systems, in which
the failure of Java technology could lead directly to death, personal injury, or severe
physical or environmental damage. Sun Microsystems, Inc. has contractually obligated
Microsoft Corporation to make this disclaimer.
EXPORT RESTRICTIONS
Export of the TC ICON OS from the United States is regulated by the Export
Administration Regulations (EAR, 15 CFR 730-744) of the U.S. Commerce Department,
Bureau of Export Administration (BXA). You agree to comply with the EAR in the export
or re-export of the TC ICON OS: (i) to any country to which the U.S. has embargoed or
restricted the export of goods or services, which as of May 1999 include, but not nec
-
essarily limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, and the Federal
Republic of Yugoslavia (including Serbia, but not Montenegro), or to any national of any
such country, wherever located, who intends to transmit or transport the TC ICON OS
back to such country; (ii) to any person or entity who you know or have reason to know
will utilize the TC ICON OS or portion thereof in the design, development or production
of nuclear, chemical or biological weapons; or (iii) to any person or entity who has been
prohibited from participating in U.S. export transactions by any federal agency of the U.S.
government. You warrant and represent that neither the BXA nor any other U.S. federal
agency has suspended, revoked or denied your export privileges. For additional informa-
tion see http://www.microsoft.com/exporting.
