MechRC accepts no liability for problems and damage which are caused
by improper use of the MechRC Commander software on your computer
system.
It is never possible to exclude the possibility of malfunctions with
software products.
Avoid programming sequences which involve very fast, violent
movements, as they are very hard on servos and mechanical systems. The
result may be premature wear of these components.
The programs supplied could cause damage to your robot if it is not
maintained or adjusted correctly.
End-User License Agreement
THIS AGREEMENT (the “Agreement”) is hereby entered into between
MechRC Limited, a limited liability company (the “Licensor”) and the party
obtaining the right to use the Licensed Product (“you”) on the following
terms and conditions:
1.
Licensed Product. This license allows you to use MechRC
Commander version 1.0, the accompanying Documentation and any fixes,
releases, upgrades, new versions or enhancements that may subsequently
be issued to you (the “Licensed Product”) according to the terms set forth
in this Agreement.
2.
Delivery & Installation. The Licensed Product is distributed to you
by electronic download from authorised web site(s) or on physical media
(e.g., CD-ROM). You will need to install the Licensed Product on properly
configured and compatible computer equipment according to the system
requirements specified in the Documentation. If you are loading data into
the Licensed Product, you will also need to ensure that your data is in
proper format. If the Licensed Product is to interoperate and exchange
data with other program(s), you will ensure the Licensed Product and other
program(s) are properly configured and tested.
3.
Permitted Use of the Licensed Product. Operating License:
Subject to payment of the License Fee, you may install the Licensed
Product on one (1) computer which meets the system requirements and
you may use the Licensed Product during the Term to perform your work
and process your own data.
4.
Reservation of Rights. The Licensed Product is licensed, not sold
to you. The intellectual property rights in the Licensed Product shall at all
times remain the exclusive property of Licensor or other owner identified
in the Documentation. You agree to use the Licensed Product strictly in
accordance with this Agreement. You will not loan, rent, sublicense or
distribute any part of the Licensed Product to persons not licensed under
this Agreement through public networks or otherwise. You agree not to
disassemble, decompile or reverse engineer the Licensed Product. You will
ensure that all marks, notices or legends pertaining to the origin, identity
or ownership of the Licensed Product remain intact and clearly legible.
You may transfer all your rights under this Agreement to another person,
provided you delete all copies and cease further use.
5.
No Product Support Plan. The Licensor may make available certain
help files, patches and additional user Documentation on its web site. At this
time, however, Licensor does not provide a Product Support plan or provide
updates or new versions of the Licensed Product on a subscription basis.
You are encouraged to obtain new versions of the Licensed Product from
time to time as they are made generally available, through legitimate means.
Licensor may change its Product Support policy from time to time.
6.
No Undocumented Features. The Licensed Product does not
contain any software locks or undocumented features, other than routine
security features described in the Documentation. The Licensor reserves
the right to change this policy with respect to any updates or new versions
of the Licensed Product released in the future.
7.
Academic Copies. The Licensor does not currently offer any
special discount on the Licensed Product for academic users (i.e., college,
university, public or private school). The Licensor reserves the right to
change this policy in the future.
8.
Warranties.
(a)
Generally. In the event that the Licensee discovers a
material error which substantially affects the Licensee’s Use of the same and
notifies Licensor of the error within 30 days from the date of payment of the
Licence Fee (the “warranty period”) Licensor shall at its discretion correct by
patch or new release (at its option) that part of the software which does not
so comply PROVIDED THAT such non-compliance has not been caused
by any modification, variation or addition to the software not performed by
Licensor or caused by its incorrect use, abuse or corruption of the software
or by use of the software with other software or on equipment with which
it is incompatible.
(b)
No Other Warranty. The Licensee acknowledges that
software in general is not error-free and agrees that the existence of
such errors shall not constitute a breach of this Licence. The Licensed
Product itself and any Product Support are provided strictly on an “as
is” and “as available” basis without any express or implied warranty,
guarantee or other assurance of quality, conformity with specifications,
reliability or functionality. You accept all risk for the suitability,
performance or nonperformance of the Licensed Product. LICENSOR
MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT
TO THIS LICENSED PRODUCT OR ANY SERVICES AND DISCLAIMS
ALL IMPLIED WARRANTIES OF TITLE, INTEROPERABILITY,
INTEGRATION, MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. THIS AGREEMENT GIVES YOU SPECIFIC
LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS WHICH VARY
BETWEEN JURISDICTIONS. Licensor does not warrant that the
functions mentioned in the software will meet the Licensee‘s individual
requirements.
9.
Not Fault Tolerant. THE LICENSED PRODUCT IS NOT FAULT
TOLERANT AND IS NOT DESIGNED, MANUFACTURED OR INTENDED
FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-
SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR
FACILITIES, IN WHICH THE FAILURE OF THE LICENSED PRODUCT
COULD LEAD TO DEATH, PERSONAL INJURY OR PHYSICAL OR
ENVIRONMENTAL DAMAGE.
10.
Limitation of Remedies & Liabilities. The following provisions are
a material condition of this Agreement and reflect a fair allocation of risk:
(a)
Remedies. If Licensor breaches any provision of
this Agreement, your sole and exclusive remedy will be to obtain a
refund of unamortised License Fees paid by you (using 1 year straight-
line amortisation). You also agree that legal remedies alone provide
inadequate protection of Licensor’s intellectual property rights in the
Licensed Product and that, in addition to other relief, Licensor may obtain
temporary and permanent injunctions to enforce those rights.
(b)
Liabilities. In no event shall Licensor, ITS DIRECTORS,
EMPLOYEES, RESELLERS OR DISTRIBUTORS be liable, WHETHER
MechRC Commander Software
Epilepsy warning
Please read through this information before you use the software, or allow
a child to operate it.
When subjected to particular flashing lights or lighting effects, many
people may be susceptible to epileptic fits or other mental upsets, and it is
possible that such individuals may be affected when using computer pro-
grams. Even persons whose history of illness does not include epilepsy,
and who have never suffered a fit, may be affected by this problem. If you
or a family member has ever noticed symptoms which might be connected
with epilepsy (such as mental upsets or fits) under the influence of
flashing lights, please seek medical advice
before you use this software.
As a basic rule, parents should always supervise their children when
they are using computer programs. If you or your child should encounter
symptoms such as dizziness, vision problems, eye or muscle twitches, loss
of consciousness, disorientation, or any kind of involuntary movement or
cramp when you are using a computer program, switch the machine off
immediately and consult your doctor before you resume working on the
computer.
Cautionary measures when using the software:
Do not stand or sit too close to the computer screen.
Use a flicker-free screen as the computer display.
Do not carry out programming when you are tired, or if you are short of
sleep.
Ensure that the room in which you carry out programming is always well
ventilated.
When using any computer program, take a break of at least ten to fifteen
minutes every hour.
General Information
These instructions cannot and do not cover problems and queries
specific to the user’s computer or its operating system.
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