88 lines
3.9 KiB
Plaintext
88 lines
3.9 KiB
Plaintext
END-USER LICENSE AGREEMENT
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This end-user license agreement is a legal agreement between you
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(either an individual or a single entity) and Digi International, Inc.
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("Digi") for use of Digi Technology. This license applies to the
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product with which it was provided, which may be a Development Kit,
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Digi Software, or a unit of Digi Hardware. By using the product,
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you are consenting to be bound by and are becoming a party to this
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end-user license agreement.
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DEFINITIONS
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o "Digi Hardware" shall mean electronic assemblies and accessories
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provided by Digi, under the Digi brand name.
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o "Digi Software" shall mean the computer software code that is
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distributed by Digi and not subject to third-party ownership rights.
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o "Digi Technology" refers to Digi Hardware and Digi Software.
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o "Development Kit" refers to a combination of Digi Hardware,
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Digi Software, and documentation and may also include third-party
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components.
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COPYRIGHT AND INTELLECTUAL PROPERTY
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All title and copyrights in and to the design, manufacture and
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underlying intellectual property of the Digi Hardware are owned by
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Digi. The Digi Software is protected by copyright laws and international
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treaty provisions. The Digi Software is not open source software unless
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specifically stated. Therefore, you must treat the Digi Software like
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any other copyrighted material.
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SOFTWARE
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Digi Software is covered by copyright and licensed (not sold). Digi
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Software is licensed only for use by the person or organization that is the
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intended end user and only for the purpose of evaluating Digi Technology
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and developing solutions that incorporate Digi Technology. Digi Software
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may only be used in conjunction with Digi Hardware. Copies of Digi Software
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may not be redistributed on a standalone basis or as part of any product
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not incorporating Digi Hardware.
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DEVELOPMENT KITS
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Development Kits may include Digi Hardware. ALL DIGI HARDWARE PROVIDED IN
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DEVELOPMENT KITS IS INTENDED FOR PRODUCT EVALUATION, DEVELOPMENT, AND
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PROTOTYPING PURPOSES ONLY, AND MAY NOT BE USED IN OR IS WARRANTED FOR
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PRODUCTION ENVIRONMENTS.
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THIRD-PARTY COMPONENTS
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A Development Kit may contain third-party components. THE LICENSE TO USE
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A THIRD-PARTY COMPONENT IS PROVIDED SEPARATELY. YOUR USE OF THIRD PARTY
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COMPONENTS WILL BE PURSUANT TO THE THIRD-PARTY LICENSE.
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WARRANTIES
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DIGI INTERNATIONAL, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES FOR THE
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DIGI TECHNOLOGY AND ANY THIRD PARTY COMPONENTS. DIGI INTERNATIONAL,
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INC. DOES NOT WARRANT THAT THE DIGI TECHNOLOGY IS ERROR FREE OR WILL
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WORK AS INTENDED. THE DIGI TECHNOLOGY AND ANY RELATED DOCUMENTATION
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ARE PROVIDED "AS IS" WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND,
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EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
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WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
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NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF
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THE DIGI TECHNOLOGY REMAINS WITH THE END-USER.
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LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES
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IN NO EVENT SHALL DIGI INTERNATIONAL INC. OR ITS SUPPLIERS BE LIABLE FOR
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ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS
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OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION,
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OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO
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USE THIS PRODUCT, EVEN IF DIGI INTERNATIONAL INC. HAS BEEN ADVISED OF
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THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO
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NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
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INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
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MISCELLANEOUS
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This agreement is governed by the laws of the State of Minnesota. You
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agree to comply with all applicable United States export control laws
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and regulations concerning export and re-export of products, technology
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and documentation, including without limitation, the laws and regulations
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administered by the United States Department of Commerce and the United
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States Department of State.
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