Echelon LonScanner FX Protocol Analyzer - Manual (Page 72)

66 LonScanner FX Protocol Analyzer Software License Agreement
(e) except for the limited rights granted above, distribute, rent, loan, lease, transfer or grant
any rights in the Licensed Software or modifications thereof or accompanying
documentation in any form to any person without the prior written consent of Echelon.
This license is not a sale. Title, copyrights and all other rights to the Licensed Software,
Activation Key, Documentation, and any copy made by You remain with Echelon.
TERMINATION
This license will continue in effect until terminated. Unauthorized copying of the Licensed
Software, Activation Key, or the Documentation, or failure to comply with the terms and
conditions contained herein, will result in automatic termination of this license and will make
available to Echelon other legal remedies. This Agreement will terminate automatically
without notice, (i) upon the institution by or against You of insolvency, receivership or
bankruptcy proceedings or any other proceedings for the settlement of Your debts, (ii) upon
You making an assignment for the benefit of creditors, or (iii) in the event of Your dissolution
or insolvency. Upon termination of this license for any reason You shall destroy all copies of
the Licensed Software, and shall certify to Echelon in writing that all such copies are
destroyed.
TRADEMARKS
You may make appropriate and truthful reference to Echelon, Echelon products and technology
in Your company and product literature; provided that You properly attribute Echelon’s
trademarks and do not use the name of Echelon or any Echelon trademark in Your name or
product name. No license is granted, express or implied, under any Echelon trademarks,
trade names, trade dress, or service marks.
LIMITED WARRANTY AND DISCLAIMER
Echelon warrants that, for a period of ninety (90) days from the date of delivery or
transmission to You, the Licensed Software under normal use will perform substantially in
accordance with the Licensed Software specifications contained in the documentation
accompanying the Licensed Software. Echelon’s entire liability and Your exclusive remedy
under this warranty will be, at Echelon’s option, to use reasonable commercial efforts to
attempt to correct or work around errors, to replace the Licensed Software with functionally
equivalent Licensed Software, or to terminate this Agreement and accept return of the
Licensed Software and refund Your purchase price less a reasonable amount for use.
EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTIES AND CONDITIONS GIVEN BY
ECHELON ABOVE, ECHELON AND ITS SUPPLIERS MAKE AND YOU RECEIVE NO OTHER
WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE OR IN ANY
COMMUNICATION WITH YOU, AND ECHELON AND ITS SUPPLIERS SPECIFICALLY DISCLAIM
ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A
PARTICULAR PURPOSE OR NONINFRINGEMENT AND THEIR EQUIVALENTS. Echelon does not
warrant that the operation of the Licensed Software will be uninterrupted or error free or that
the Licensed Software will meet Your specific requirements.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE
OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
LIMITATION OF LIABILITY
IN NO EVENT WILL ECHELON OR ITS SUPPLIERS BE LIABLE FOR LOSS OF OR CORRUPTION
TO DATA, LOST PROFITS OR LOSS OF CONTRACTS, COST OF PROCUREMENT OF SUBSTITUTE
PRODUCTS OR OTHER SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR INDIRECT