Echelon LonMaker - Manual (Page 388)

372 Appendix E – LonMaker Software License Agreement
SAFE OPERATION
YOU ASSUME RESPONSIBILITY FOR, AND HEREBY AGREE TO USE YOUR BEST EFFORTS
IN, DESIGNING, MANUFACTURING, COMMISSIONING, ROUTING, MONITORING,
CONTROLLING, AND RECOVERING LONWORKS DEVICES HEREUNDER TO PROVIDE FOR
SAFE OPERATION THEREOF, INCLUDING, BUT NOT LIMITED TO, COMPLIANCE OR
QUALIFICATION WITH RESPECT TO ALL SAFETY LAWS, REGULATIONS AND AGENCY
APPROVALS, AS APPLICABLE. THE LICENSED SOFTWARE, NEURON
® CHIP, LONTALK ®
PROTOCOL, NEURON CHIP FIRMWARE, i.LON ® INTERNET SERVER, LONWORKS
NETWORK INTERFACES, AND LNS NETWORK OPERATING SYSTEM ARE NOT DESIGNED
OR INTENDED FOR USE AS COMPONENTS IN EQUIPMENT INTENDED FOR SURGICAL
IMPLANT INTO THE BODY, OR OTHER APPLICATIONS INTENDED TO SUPPORT OR
SUSTAIN LIFE, FOR USE IN FLIGHT CONTROL OR ENGINE CONTROL EQUIPMENT WITHIN
AN AIRCRAFT, OR FOR ANY OTHER APPLICATION IN WHICH THE FAILURE THEREOF
COULD CREATE A SITUATION IN WHICH PERSONAL INJURY OR DEATH MAY OCCUR,
AND YOU SHALL HAVE NO RIGHTS HEREUNDER FOR ANY SUCH APPLICATIONS.
LANGUAGE
The parties hereto confirm that it is their wish that this Agreement, as well as other documents relating
hereto, have been and shall be written in the English language only. Any translation to other languages
is provided for convenience only, and the English language version shall control.
Les parties aux présentes confirment leur volonté que cette convention de même que tous les documents
y compris tout avis qui s'y rattache, soient rédigés en langue anglaise.
COMPLIANCE WITH EXPORT CONTROL LAWS
You agree to comply with all applicable export and re-export control laws and regulations, including the
Export Administration Regulations ("EAR") maintained by the United States Department of Commerce.
Specifically, you covenant that You shall not-directly or indirectly-sell, export, reexport, transfer, divert,
or otherwise dispose of any software, source code, or technology (including products derived from or
based on such technology) received from Echelon under this Agreement to any country (or national
thereof) subject to antiterrorism controls or U.S. embargo, or to any other person, entity, or destination
prohibited by the laws or regulations of the United States, without obtaining prior authorization from the
competent government authorities as required by those laws and regulations. You agree to indemnify,
to the fullest extent permitted by law, Echelon from and against any fines or penalties that may arise as
a result of your breach of this provision. This export control clause shall survive termination or
cancellation of this Agreement.
VISIO SUPPORT
The Microsoft Visio product(s) contained in this product have been integrated or pre-installed as part of
the Echelon LonMaker Integration Tool. The functionality of the Microsoft Visio product as integrated
in the Licensed Software may differ from a non-integrated Microsoft Visio product and any issues
concerning the functionality or performance of the Echelon LonMaker Integration Tool and the
integrated Microsoft Visio product should be directed to Echelon Corporation and not to Microsoft
Corporation.
GENERAL
This Agreement shall not be governed by the 1980 U.N. Convention on Contracts for the International
Sale of Goods; rather, this Agreement shall be governed by the laws of the State of California, including
its Uniform Commercial Code, without reference to conflicts of laws principles. This Agreement is the
entire agreement between You and Echelon and supersedes any other communications or advertising
with respect to the Licensed Software and accompanying documentation. If any provision of this
Agreement is held invalid or unenforceable, such provision shall be revised to the extent necessary to
cure the invalidity or unenforceability, and the remainder of the Agreement shall continue in full force
and effect. If You are acquiring the Licensed Software on behalf of any part of the U.S. Government,
the following provisions apply. The Licensed Software and Documentation were developed at private
expense and are deemed to be "commercial computer software" and "commercial computer software
documentation", respectively, pursuant to DFAR Section 227.7202 and FAR 12.212(b), as applicable.