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Open source and third party software, Termination – Echelon SmartServer 2.2 User Manual

Page 556

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SmartServer

2.2 User’s Guide

557

attribute Echelon's trademarks. No license is granted, express or implied, under any
Echelon trademarks, trade names or service marks.

OPEN SOURCE AND THIRD PARTY SOFTWARE

(a) Open Source Software. The Licensed Software may include, or may be distributed
on the same media or in the same download with, software that is subject to open
source licensing terms ("Open Source Software") which terms are available at
www.echelon.com. Open Source Software shall remain subject to such terms. The
Open Source Software is provided on an “AS IS” BASIS, WITHOUT
WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OR
CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, AND ALL SUCH WARRANTIES
ARE HEREBY DISCLAIMED. NEITHER ECHELON NOR THE AUTHORS OF
THE OPEN SOURCE SOFTWARE SHALL HAVE ANY LIABILITY FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST
PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE
OR DISTRIBUTION OF THE OPEN SOURCE SOFTWARE, EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. Copyrights to the Open Source
Software are held by the copyright holders indicated in the copyright notices in the
corresponding source files. If the Open Source Software license also requires source
code to be made available, such source code is available at www.echelon.com.
Without limiting the foregoing, the Licensed Software may be distributed on the same
media or in the same download with certain software that is subject to a General
Public License (GPL) ("GPL Software"), and such GPL Software is licensed to You
free of charge.

(b) Wind River Software. The Licensed Software may contain software licensed from
Wind River Systems, Inc. (“Wind River”). The license terms applicable to software
licensed to Echelon by Wind River are incorporated herein.

TERMINATION

This license will continue until terminated. Unauthorized copying of the Licensed
Software or failure to comply with the above restrictions will result in automatic
termination of this Agreement and will make available to Echelon other legal
remedies. This license will also automatically terminate if You go into liquidation,
suffer or make any winding up petition, make an arrangement with Your creditors, or
suffer or file any similar action in any jurisdiction in consequence of debt. Upon
termination of this license for any reason You will destroy all copies of the Licensed
Software. Any use of the Licensed Software after termination is unlawful.