Chatsworth Products CPI Power Management Tool - Manual (Page 7)

Power Management Tool Manual March 2014
Chatsworth Products, Inc. (CPI) 7
OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF CPI HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. MISCELLANEOUS. This EULA is governed by the laws of the State of California,
U.S.A., without reference to conflicts of laws principles. You shall not assign or
sublicense or otherwise transfer the rights or license granted hereunder, by
agreement or by operation of law, without the prior written consent of CPI, and all
assignments in violation of this prohibition shall be null and void. This EULA is the
complete and exclusive agreement of CPI and you and supersedes all other
communications, oral or written, relating to the subject matter hereof. No change to
this EULA shall be valid unless in writing and signed by the party against whom
enforcement is sought. The waiver or failure of CPI or you to exercise in any respect
any right or rights provided for herein shall not be deemed a waiver of any further
right hereunder. If any provision of this EULA is held unenforceable, the remainder of
this EULA will continue in full force and effect.
INTEL DATA CENTER MANAGER END-USER LICENSE AGREEMENT
Document Version: July 2013
IMPORTANT -READ BEFORE INSTALLING OR USING.
Do not install, or use the Intel Software provided under this license agreement (this
“Agreement”) until you have carefully read the following terms and conditions. By
downloading, installing, or using the Software, you agree to be bound by the terms of
this Agreement. If you do not agree to the terms of this Agreement, do not download,
install, or use the Software.
These license terms are a legal agreement between you and Intel Corporation (“Intel”).
This Agreement applies to any updates or new versions of the Software, unless the
update includes separate terms.
1. DEFINITIONS.
a. “Software” is defined as the Intel Data Center Manager software (delivered in
executable code) and documentation, including any updates and upgrades
thereto.
b. "Licensed Patent Claims" means the claims of Intel's patents that are
necessarily and directly infringed by the reproduction that is authorized in
Section 2.a of the Software, when that Software is in its unmodified form as
delivered to You and not modified, or combined with anything else. Licensed
Patent Claims are only those claims which Intel can license without paying, or
getting the consent of, a third party.
2. LICENSES.
a. COPYRIGHT LICENSE. Intel grants you a non-exclusive, non-transferable
license under its copyrights in the Software to reproduce and execute the
Software on a computer or server solely for power and thermal monitoring
and management of servers using Intel processors, this license does not
include the right to sublicense.