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Not to develop applications that compete directly with any application
developed by Campbell Scientific, Inc. or its affiliates.
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To assure that each application developed with BMP5 Direct Binaries
clearly states the name of the person or entity that developed the
application. This information should appear on the first window the user
will see.
WARRANTY
There is no written or implied warranty provided with the BMP5 Direct SDK
software other than as stated herein. Developer agrees to bear all warranty
responsibility of any derivative products distributed by Developer.
TERMINATION
Any license violation or breach of Agreement will result in immediate
termination of the developer's rights herein and the return of all BMP5 Direct
SDK materials to Campbell Scientific, Inc.
MISCELLANEOUS
Notices required hereunder shall be in writing and shall be given by certified or
registered mail, return receipt requested. Such notice shall be deemed given in
the case of certified or registered mail on the date of receipt. This Agreement
shall be governed and construed in accordance with the laws of the State of
Utah, USA. Any dispute resulting from this Agreement will be settled in
arbitration.
This Agreement sets forth the entire understanding of the parties and
supersedes all prior agreements, arrangements and communications, whether
oral or written pertaining to the subject matter hereof. This Agreement shall
not be modified or amended except by the mutual written agreement of the
parties. The failure of either party to enforce any of the provisions of this
Agreement shall not be construed as a waiver of such provisions or of the right
of such party thereafter to enforce each and every provision contained herein.
If any term, clause, or provision contained in this Agreement is declared or
held invalid by a court of competent jurisdiction, such declaration or holding
shall not affect the validity of any other term, clause, or provision herein
contained. Neither the rights nor the obligations arising under this Agreement
are assignable or transferable.
If within 30 days of receiving the BMP5 Direct SDK product developer does
not agree to the terms of license, developer shall return all materials without
retaining any copies of the product and shall remove any use of the BMP5
Direct Binaries in any applications developed or distributed by Developer. In
the absence of such return, CSI shall consider Developer in agreement with the
herein, stated license terms and conditions.
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