Echelon Mini FX - Manual (Page 135)

122 Appendix C: Software License Agreement
This license is not a sale. Title, copyrights and all other rights to the Licensed Software
and the Documentation and any copy made by You remain with Echelon. Unauthorized
copying of the Licensed Software or the Documentation, or failure to comply with the
above restrictions, will result in automatic termination of this license and will make
available to Echelon other legal remedies.
LONWORKS OEM LICENSE AGREEMENT AND
DIGITAL HOME ALLIANCE AGREEMENT
This Agreement does not grant You any rights to distribute Your Devices. You
shall have no rights to distribute Your Devices unless there is a L
ON W ORKS
OEM License Agreement Revision J or newer in effect between You and
Echelon at the time of any such distribution. Your Device shall be subject to
the terms thereof. Your rights to distribute Your Devices for a home
environment shall also be subject to there being a Digital Home Alliance
Agreement in effect between You and Echelon at the time of such distribution.
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.
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.
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.
NOTWITHSTANDING THE FOREGOING, ECHELON MAKES NO WARRANTIES
WHATSOEVER WITH RESPECT TO THE MINI FX EXAMPLE APPLICATIONS,
WHICH ARE DELIVERED “AS IS.” EXCEPT FOR THE ABOVE EXPRESS LIMITED
WARRANTIES AND CONDITIONS, ECHELON AND ITS SUPPLIERS MAKE AND