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The following license agreements can be reviewed:
Agreement for using the DialFire
driver software with the Linux operating system
LICENSE. This program is free software; you can redistribute
it and/or modify it under the terms of the GNU General Public
License as published by the Free Software Foundation; either
version 2, or (at your option) any later version. This program
is distributed in the hope that it will be useful, but WITHOUT
ANY WARRANTY, EXPRESS OR IMPLIED; without even the implied
warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.
See the GNU General Public License for more details. You should
have received a copy of the GNU General Public License along
with this program; if not, write to the Free Software Foundation,
Inc., 675 Mass Ave, Cambridge, MA 02139, USA.
Agreement for using the DialFire
driver software with the Microsoft Windows 2000 operating
system
LICENSE. Patton Electronics Company, Inc. grants to
you only a non-assignable, nonexclusive and non-transferable
license to use the software contained on this media (hereinafter
"Patton Software") subject to the terms and conditions of
this Software License Agreement. Your use will be limited
to an object code version of the Patton Software. Your use
of the Patton Software will be limited to one computer. The
license will commence on the day you receive the Patton Software
and will continue until this license is terminated by its
own terms and conditions. You may make one copy of the Patton
Software, but only for archival or backup purposes, and if
you do make that additional copy, you agree to reproduce all
copyright and other proprietary rights notices that appear
on the Patton Software. You are granted only a limited license
to use the Patton Software, and Patton retains all right,
title, interest and ownership in and to the Patton Software,
which includes all rights arising under the patent, copyright,
trade secret or trademark laws of the United States or any
foreign jurisdiction.
CONFIDENTIALITY. You understand and agree that the
Patton Software contains valuable confidential and trade secret
information which is the extremely valuable property of Patton.
You agree to expend all necessary efforts to ensure that the
Patton Software is not disclosed or made available to any
third party or any employee or contractor that doesn't have
a need to know.
REVERSE ENGINEERING. You agree not to disassemble,
decompile or reverse engineer the Patton Software under any
circumstances.
WARRANTIES. Patton warrants only that: (a) the media
upon which you receive Patton Software will be free of defects
in material and workmanship for a period of ninety (90) days
from your receipt of the Patton Software; and (b) that if
the Patton Software is supplied to you electronically, and
there is an error in transmission, and you inform us of that
error within ninety days of your receipt of the Patton Software,
Patton will re-transmit the Software to you. YOU UNDERSTAND
AND AGREE THAT EXCEPT AS STATED ABOVE, THE PATTON SOFTWARE
IS SUPPLIED 'AS IS,' AND PATTON EXPRESSLY DISCLAIMS ALL OTHER
WARRANTIES, GUARANTEES, OR REMEDIES WHETHER EXPRESS, IMPLIED
OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
LIABILITY LIMITATIONS. UNDER NO CIRCUMSTANCES WILL
PATTON OR ANY OF ITS DISTRIBUTORS OR SUPPLIERS BE LIABLE FOR
LOSS OF DATA, REPROCUREMENT COSTS, LOST REVENUE OR PROFITS
OR ANY OTHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES,
EVEN IF THOSE DAMAGES WERE FORESEEABLE OR YOU HAVE INFORMED
PATTON OF POTENTIAL LIABILITY. PATTON'S TOTAL LIABILITY TO
YOU FOR DAMAGES FOR ANY REASON SHALL NOT EXCEED THE PRICE
ACTUALLY PAID TO PATTON BY YOU FOR THE PRODUCT ASSOCIATED
WITH THE SOFTWARE.
TITLE AND OWNERSHIP. You acknowledge and agree that
Patton retains all right, title and interest in and to the
Software. You agree to indemnify, defend and hold harmless
Patton against any loss suffered or expenditure made by Patton
arising from an assertion of an interest in or title to the
Patton Software by you and against any breach by you of any
copyright, patent rights, or any other rights in the Patton
Software.
TERMINATION. You acknowledge and agree that Patton
may terminate your license and use of the Patton Software
without notice if, at any time, you fail to comply with a
material term or condition of this Software License Agreement.
Immediately upon termination of this license, you will return
all copies of the Patton Software to Patton, together with
all documentation, modifications and enhancements thereto,
or at Patton's request, destroy all copies of the Patton Software
documentation, modifications and enhancements in your possession.
You understand and agree that in the event of termination,
Patton may use computer hardware, software or other methods
to render the Patton Software inoperable.
ASSIGNMENT. You may not assign this license without
the prior written consent of Patton. Patton may assign the
Patton Software to any third party at its discretion, but
will provide you with written notice in the event of such
assignment.
CHOICE OF LAW AND VENUE. This Software License Agreement
shall be governed and construed in accordance with the laws
of the State of Minnesota. Any controversy or claim arising
out of or related to this license and/or your use of the Patton
Software shall be venued in Minnesota State District Court,
County of Hennepin or the United States District Court for
the District of Minnesota.
MAINTENANCE AND SUPPORT. Any software maintenance
or support services provided to you by Patton, are provided
at Patton's discretion, and Patton reserves the right to discontinue
and/or commence charging fees for maintenance or support services
at any time. You also understand and agree that any maintenance
or support services provided to you by Patton are provided
as is, and Patton makes no representations or warranties with
regard to those services.
Agreement for using the DialFire
driver software with the Novell NetWare operating system
LICENSE. Patton Electronics grants to you only a non-assignable,
nonexclusive and non-transferable license to use the software
contained on this media (hereinafter "Patton Electronics Software")
subject to the terms and conditions of this Software License
Agreement. Your use will be limited to an object code version
of the Patton Electronics Software. Your use of the Patton
Electronics Software will be limited to one computer. The
license will commence on the day you receive the Patton Electronics
Software and will continue until this license is terminated
by its own terms and conditions. You may make one copy of
the Patton Electronics Software, but only for archival or
backup purposes, and if you do make that additional copy,
you agree to reproduce all copyright and other proprietary
rights notices that appear on the Patton Electronics Software.
You are granted only a limited license to use the Patton Electronics
Software, and Patton Electronics retains all right, title,
interest and ownership in and to the Patton Electronics Software,
which includes all rights arising under the patent, copyright,
trade secret or trademark laws of the United States or any
foreign jurisdiction.
CONFIDENTIALITY. You understand and agree that the
Patton Electronics Software contains valuable confidential
and trade secret information which is the extremely valuable
property of Patton Electronics. You agree to expend all necessary
efforts to ensure that the Patton Electronics Software is
not disclosed or made available to any third party or any
employee or contractor that doesn't have a need to know.
REVERSE ENGINEERING. You agree not to disassemble,
decompile or reverse engineer the Patton Electronics Software
under any circumstances.
WARRANTIES. Patton Electronics warrants only that:
(a) the media upon which you receive Patton Electronics Software
will be free of defects in material and workmanship for a
period of ninety (90) days from your receipt of the Patton
Electronics Software; and (b) that if the Patton Electronics
Software is supplied to you electronically, and there is an
error in transmission, and you inform us of that error within
ninety days of your receipt of the Patton Electronics Software,
Patton Electronics will re-transmit the Software to you. YOU
UNDERSTAND AND AGREE THAT EXCEPT AS STATED ABOVE, THE PATTON
ELECTRONICS SOFTWARE IS SUPPLIED 'AS IS,' AND PATTON ELECTRONICS
EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, GUARANTEES, OR REMEDIES
WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT
LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE.
LIABILITY LIMITATIONS. UNDER NO CIRCUMSTANCES WILL
PATTON ELECTRONICS OR ANY OF ITS DISTRIBUTORS OR SUPPLIERS
BE LIABLE FOR LOSS OF DATA, REPROCUREMENT COSTS, LOST REVENUE
OR PROFITS OR ANY OTHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES, EVEN IF THOSE DAMAGES WERE FORESEEABLE OR YOU HAVE
INFORMED PATTON ELECTRONICS OF POTENTIAL LIABILITY. PATTON
ELECTRONICS'S TOTAL LIABILITY TO YOU FOR DAMAGES FOR ANY REASON
SHALL NOT EXCEED THE PRICE ACTUALLY PAID TO PATTON ELECTRONICS
BY YOU FOR THE PRODUCT ASSOCIATED WITH THE SOFTWARE.
TITLE AND OWNERSHIP. You acknowledge and agree that
Patton Electronics retains all right, title and interest in
and to the Software. You agree to indemnify, defend and hold
harmless Patton Electronics against any loss suffered or expenditure
made by Patton Electronics arising from an assertion of an
interest in or title to the Patton Electronics Software by
you and against any breach by you of any copyright, patent
rights, or any other rights in the Patton Electronics Software.
TERMINATION. You acknowledge and agree that Patton
Electronics may terminate your license and use of the Patton
Electronics Software without notice if, at any time, you fail
to comply with a material term or condition of this Software
License Agreement. Immediately upon termination of this license,
you will return all copies of the Patton Electronics Software
to Patton Electronics, together with all documentation, modifications
and enhancements thereto, or at Patton Electronics's request,
destroy all copies of the Patton Electronics Software documentation,
modifications and enhancements in your possession. You understand
and agree that in the event of termination, Patton Electronics
may use computer hardware, software or other methods to render
the Patton Electronics Software inoperable.
ASSIGNMENT. You may not assign this license without
the prior written consent of Patton Electronics. Patton Electronics
may assign the Patton Electronics Software to any third party
at its discretion, but will provide you with written notice
in the event of such assignment.
CHOICE OF LAW AND VENUE. This Software License Agreement
shall be governed and construed in accordance with the laws
of the State of Minnesota. Any controversy or claim arising
out of or related to this license and/or your use of the Patton
Electronics Software shall be venued in Minnesota State District
Court, County of Hennepin or the United States District Court
for the District of Minnesota.
MAINTENANCE AND SUPPORT. Any software maintenance
or support services provided to you by Patton Electronics,
are provided at Patton Electronics's discretion, and Patton
Electronics reserves the right to discontinue and/or commence
charging fees for maintenance or support services at any time.
You also understand and agree that any maintenance or support
services provided to you by Patton Electronics are provided
as is, and Patton Electronics makes no representations or
warranties with regard to those services.
Agreement for using the DialFire
driver software with the SCO OpenServer 5 operating system
LICENSE. Patton Electronics grants to you only a non-assignable,
nonexclusive and non-transferable license to use the software
contained on this media (hereinafter "Patton Electronics Software")
subject to the terms and conditions of this Software License
Agreement. Your use will be limited to an object code version
of the Patton Electronics Software. Your use of the Patton
Electronics Software will be limited to one computer. The
license will commence on the day you receive the Patton Electronics
Software and will continue until this license is terminated
by its own terms and conditions. You may make one copy of
the Patton Electronics Software, but only for archival or
backup purposes, and if you do make that additional copy,
you agree to reproduce all copyright and other proprietary
rights notices that appear on the Patton Electronics Software.
You are granted only a limited license to use the Patton Electronics
Software, and Patton Electronics retains all right, title,
interest and ownership in and to the Patton Electronics Software,
which includes all rights arising under the patent, copyright,
trade secret or trademark laws of the United States or any
foreign jurisdiction.
CONFIDENTIALITY. You understand and agree that the
Patton Electronics Software contains valuable confidential
and trade secret information which is the extremely valuable
property of Patton Electronics. You agree to expend all necessary
efforts to ensure that the Patton Electronics Software is
not disclosed or made available to any third party or any
employee or contractor that doesn't have a need to know.
REVERSE ENGINEERING. You agree not to disassemble,
decompile or reverse engineer the Patton Electronics Software
under any circumstances.
WARRANTIES. Patton Electronics warrants only that:
(a) the media upon which you receive Patton Electronics Software
will be free of defects in material and workmanship for a
period of ninety (90) days from your receipt of the Patton
Electronics Software; and (b) that if the Patton Electronics
Software is supplied to you electronically, and there is an
error in transmission, and you inform us of that error within
ninety days of your receipt of the Patton Electronics Software,
Patton Electronics will re-transmit the Software to you. YOU
UNDERSTAND AND AGREE THAT EXCEPT AS STATED ABOVE, THE PATTON
ELECTRONICS SOFTWARE IS SUPPLIED 'AS IS,' AND PATTON ELECTRONICS
EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, GUARANTEES, OR REMEDIES
WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT
LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE.
LIABILITY LIMITATIONS. UNDER NO CIRCUMSTANCES WILL
PATTON ELECTRONICS OR ANY OF ITS DISTRIBUTORS OR SUPPLIERS
BE LIABLE FOR LOSS OF DATA, REPROCUREMENT COSTS, LOST REVENUE
OR PROFITS OR ANY OTHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES, EVEN IF THOSE DAMAGES WERE FORESEEABLE OR YOU HAVE
INFORMED PATTON ELECTRONICS OF POTENTIAL LIABILITY. PATTON
ELECTRONICS'S TOTAL LIABILITY TO YOU FOR DAMAGES FOR ANY REASON
SHALL NOT EXCEED THE PRICE ACTUALLY PAID TO PATTON ELECTRONICS
BY YOU FOR THE PRODUCT ASSOCIATED WITH THE SOFTWARE.
TITLE AND OWNERSHIP. You acknowledge and agree that
Patton Electronics retains all right, title and interest in
and to the Software. You agree to indemnify, defend and hold
harmless Patton Electronics against any loss suffered or expenditure
made by Patton Electronics arising from an assertion of an
interest in or title to the Patton Electronics Software by
you and against any breach by you of any copyright, patent
rights, or any other rights in the Patton Electronics Software.
TERMINATION. You acknowledge and agree that Patton
Electronics may terminate your license and use of the Patton
Electronics Software without notice if, at any time, you fail
to comply with a material term or condition of this Software
License Agreement. Immediately upon termination of this license,
you will return all copies of the Patton Electronics Software
to Patton Electronics, together with all documentation, modifications
and enhancements thereto, or at Patton Electronics's request,
destroy all copies of the Patton Electronics Software documentation,
modifications and enhancements in your possession. You understand
and agree that in the event of termination, Patton Electronics
may use computer hardware, software or other methods to render
the Patton Electronics Software inoperable.
ASSIGNMENT. You may not assign this license without
the prior written consent of Patton Electronics. Patton Electronics
may assign the Patton Electronics Software to any third party
at its discretion, but will provide you with written notice
in the event of such assignment.
CHOICE OF LAW AND VENUE. This Software License Agreement
shall be governed and construed in accordance with the laws
of the State of Minnesota. Any controversy or claim arising
out of or related to this license and/or your use of the Patton
Electronics Software shall be venued in Minnesota State District
Court, County of Hennepin or the United States District Court
for the District of Minnesota.
MAINTENANCE AND SUPPORT. Any software maintenance
or support services provided to you by Patton Electronics,
are provided at Patton Electronics's discretion, and Patton
Electronics reserves the right to discontinue and/or commence
charging fees for maintenance or support services at any time.
You also understand and agree that any maintenance or support
services provided to you by Patton Electronics are provided
as is, and Patton Electronics makes no representations or
warranties with regard to those services.
Agreement for using the DialFire
driver software with the SCO UnixWare operating system
LICENSE. Patton Electronics grants to you only a non-assignable,
nonexclusive and non-transferable license to use the software
contained on this media (hereinafter "Patton Electronics Software")
subject to the terms and conditions of this Software License
Agreement. Your use will be limited to an object code version
of the Patton Electronics Software. Your use of the Patton
Electronics Software will be limited to one computer. The
license will commence on the day you receive the Patton Electronics
Software and will continue until this license is terminated
by its own terms and conditions. You may make one copy of
the Patton Electronics Software, but only for archival or
backup purposes, and if you do make that additional copy,
you agree to reproduce all copyright and other proprietary
rights notices that appear on the Patton Electronics Software.
You are granted only a limited license to use the Patton Electronics
Software, and Patton Electronics retains all right, title,
interest and ownership in and to the Patton Electronics Software,
which includes all rights arising under the patent, copyright,
trade secret or trademark laws of the United States or any
foreign jurisdiction.
CONFIDENTIALITY. You understand and agree that the
Patton Electronics Software contains valuable confidential
and trade secret information which is the extremely valuable
property of Patton Electronics. You agree to expend all necessary
efforts to ensure that the Patton Electronics Software is
not disclosed or made available to any third party or any
employee or contractor that doesn't have a need to know.
REVERSE ENGINEERING. You agree not to disassemble,
decompile or reverse engineer the Patton Electronics Software
under any circumstances.
WARRANTIES. Patton Electronics warrants only that:
(a) the media upon which you receive Patton Electronics Software
will be free of defects in material and workmanship for a
period of ninety (90) days from your receipt of the Patton
Electronics Software; and (b) that if the Patton Electronics
Software is supplied to you electronically, and there is an
error in transmission, and you inform us of that error within
ninety days of your receipt of the Patton Electronics Software,
Patton Electronics will re-transmit the Software to you. YOU
UNDERSTAND AND AGREE THAT EXCEPT AS STATED ABOVE, THE PATTON
ELECTRONICS SOFTWARE IS SUPPLIED 'AS IS,' AND PATTON ELECTRONICS
EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, GUARANTEES, OR REMEDIES
WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT
LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE.
LIABILITY LIMITATIONS. UNDER NO CIRCUMSTANCES WILL
PATTON ELECTRONICS OR ANY OF ITS DISTRIBUTORS OR SUPPLIERS
BE LIABLE FOR LOSS OF DATA, REPROCUREMENT COSTS, LOST REVENUE
OR PROFITS OR ANY OTHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES, EVEN IF THOSE DAMAGES WERE FORESEEABLE OR YOU HAVE
INFORMED PATTON ELECTRONICS OF POTENTIAL LIABILITY. PATTON
ELECTRONICS'S TOTAL LIABILITY TO YOU FOR DAMAGES FOR ANY REASON
SHALL NOT EXCEED THE PRICE ACTUALLY PAID TO PATTON ELECTRONICS
BY YOU FOR THE PRODUCT ASSOCIATED WITH THE SOFTWARE.
TITLE AND OWNERSHIP. You acknowledge and agree that
Patton Electronics retains all right, title and interest in
and to the Software. You agree to indemnify, defend and hold
harmless Patton Electronics against any loss suffered or expenditure
made by Patton Electronics arising from an assertion of an
interest in or title to the Patton Electronics Software by
you and against any breach by you of any copyright, patent
rights, or any other rights in the Patton Electronics Software.
TERMINATION. You acknowledge and agree that Patton
Electronics may terminate your license and use of the Patton
Electronics Software without notice if, at any time, you fail
to comply with a material term or condition of this Software
License Agreement. Immediately upon termination of this license,
you will return all copies of the Patton Electronics Software
to Patton Electronics, together with all documentation, modifications
and enhancements thereto, or at Patton Electronics's request,
destroy all copies of the Patton Electronics Software documentation,
modifications and enhancements in your possession. You understand
and agree that in the event of termination, Patton Electronics
may use computer hardware, software or other methods to render
the Patton Electronics Software inoperable.
ASSIGNMENT. You may not assign this license without
the prior written consent of Patton Electronics. Patton Electronics
may assign the Patton Electronics Software to any third party
at its discretion, but will provide you with written notice
in the event of such assignment.
CHOICE OF LAW AND VENUE. This Software License Agreement
shall be governed and construed in accordance with the laws
of the State of Minnesota. Any controversy or claim arising
out of or related to this license and/or your use of the Patton
Electronics Software shall be venued in Minnesota State District
Court, County of Hennepin or the United States District Court
for the District of Minnesota.
MAINTENANCE AND SUPPORT. Any software maintenance
or support services provided to you by Patton Electronics,
are provided at Patton Electronics's discretion, and Patton
Electronics reserves the right to discontinue and/or commence
charging fees for maintenance or support services at any time.
You also understand and agree that any maintenance or support
services provided to you by Patton Electronics are provided
as is, and Patton Electronics makes no representations or
warranties with regard to those services.
Agreement for using the DialFire
driver software with the Solaris operating system
LICENSE. Patton Electronics grants to you only a non-assignable,
nonexclusive and non-transferable license to use the software
contained on this media (hereinafter "Patton Electronics Software")
subject to the terms and conditions of this Software License
Agreement. Your use will be limited to an object code version
of the Patton Electronics Software. Your use of the Patton
Electronics Software will be limited to one computer. The
license will commence on the day you receive the Patton Electronics
Software and will continue until this license is terminated
by its own terms and conditions. You may make one copy of
the Patton Electronics Software, but only for archival or
backup purposes, and if you do make that additional copy,
you agree to reproduce all copyright and other proprietary
rights notices that appear on the Patton Electronics Software.
You are granted only a limited license to use the Patton Electronics
Software, and Patton Electronics retains all right, title,
interest and ownership in and to the Patton Electronics Software,
which includes all rights arising under the patent, copyright,
trade secret or trademark laws of the United States or any
foreign jurisdiction.
CONFIDENTIALITY. You understand and agree that the
Patton Electronics Software contains valuable confidential
and trade secret information which is the extremely valuable
property of Patton Electronics. You agree to expend all necessary
efforts to ensure that the Patton Electronics Software is
not disclosed or made available to any third party or any
employee or contractor that doesn't have a need to know.
REVERSE ENGINEERING. You agree not to disassemble,
decompile or reverse engineer the Patton Electronics Software
under any circumstances.
WARRANTIES. Patton Electronics warrants only that:
(a) the media upon which you receive Patton Electronics Software
will be free of defects in material and workmanship for a
period of ninety (90) days from your receipt of the Patton
Electronics Software; and (b) that if the Patton Electronics
Software is supplied to you electronically, and there is an
error in transmission, and you inform us of that error within
ninety days of your receipt of the Patton Electronics Software,
Patton Electronics will re-transmit the Software to you. YOU
UNDERSTAND AND AGREE THAT EXCEPT AS STATED ABOVE, THE PATTON
ELECTRONICS SOFTWARE IS SUPPLIED 'AS IS,' AND PATTON ELECTRONICS
EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, GUARANTEES, OR REMEDIES
WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT
LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE.
LIABILITY LIMITATIONS. UNDER NO CIRCUMSTANCES WILL
PATTON ELECTRONICS OR ANY OF ITS DISTRIBUTORS OR SUPPLIERS
BE LIABLE FOR LOSS OF DATA, REPROCUREMENT COSTS, LOST REVENUE
OR PROFITS OR ANY OTHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES, EVEN IF THOSE DAMAGES WERE FORESEEABLE OR YOU HAVE
INFORMED PATTON ELECTRONICS OF POTENTIAL LIABILITY. PATTON
ELECTRONICS'S TOTAL LIABILITY TO YOU FOR DAMAGES FOR ANY REASON
SHALL NOT EXCEED THE PRICE ACTUALLY PAID TO PATTON ELECTRONICS
BY YOU FOR THE PRODUCT ASSOCIATED WITH THE SOFTWARE. TITLE
AND OWNERSHIP. You acknowledge and agree that Patton Electronics
retains all right, title and interest in and to the Software.
You agree to indemnify, defend and hold harmless Patton Electronics
against any loss suffered or expenditure made by Patton Electronics
arising from an assertion of an interest in or title to the
Patton Electronics Software by you and against any breach
by you of any copyright, patent rights, or any other rights
in the Patton Electronics Software.
TERMINATION. You acknowledge and agree that Patton
Electronics may terminate your license and use of the Patton
Electronics Software without notice if, at any time, you fail
to comply with a material term or condition of this Software
License Agreement. Immediately upon termination of this license,
you will return all copies of the Patton Electronics Software
to Patton Electronics, together with all documentation, modifications
and enhancements thereto, or at Patton Electronics's request,
destroy all copies of the Patton Electronics Software documentation,
modifications and enhancements in your possession. You understand
and agree that in the event of termination, Patton Electronics
may use computer hardware, software or other methods to render
the Patton Electronics Software inoperable.
ASSIGNMENT. You may not assign this license without
the prior written consent of Patton Electronics. Patton Electronics
may assign the Patton Electronics Software to any third party
at its discretion, but will provide you with written notice
in the event of such assignment.
CHOICE OF LAW AND VENUE. This Software License Agreement
shall be governed and construed in accordance with the laws
of the State of Minnesota. Any controversy or claim arising
out of or related to this license and/or your use of the Patton
Electronics Software shall be venued in Minnesota State District
Court, County of Hennepin or the United States District Court
for the District of Minnesota.
MAINTENANCE AND SUPPORT. Any software maintenance
or support services provided to you by Patton Electronics,
are provided at Patton Electronics's discretion, and Patton
Electronics reserves the right to discontinue and/or commence
charging fees for maintenance or support services at any time.
You also understand and agree that any maintenance or support
services provided to you by Patton Electronics are provided
as is, and Patton Electronics makes no representations or
warranties with regard to those services.
Agreement for using the DialFire
driver software with the Microsoft Windows NT operating system
LICENSE. Patton Electronics grants to you only a
non-assignable, nonexclusive and non-transferable license
to use the software contained on this media (hereinafter "Patton
Electronics Software") subject to the terms and conditions
of this Software License Agreement. Your use will be limited
to an object code version of the Patton Electronics Software.
Your use of the Patton Electronics Software will be limited
to one computer. The license will commence on the day you
receive the Patton Electronics Software and will continue
until this license is terminated by its own terms and conditions.
You may make one copy of the Patton Electronics Software,
but only for archival or backup purposes, and if you do make
that additional copy, you agree to reproduce all copyright
and other proprietary rights notices that appear on the Patton
Electronics Software. You are granted only a limited license
to use the Patton Electronics Software, and Patton Electronics
retains all right, title, interest and ownership in and to
the Patton Electronics Software, which includes all rights
arising under the patent, copyright, trade secret or trademark
laws of the United States or any foreign jurisdiction.
CONFIDENTIALITY. You understand and agree that the
Patton Electronics Software contains valuable confidential
and trade secret information which is the extremely valuable
property of Patton Electronics. You agree to expend all necessary
efforts to ensure that the Patton Electronics Software is
not disclosed or made available to any third party or any
employee or contractor that doesn't have a need to know.
REVERSE ENGINEERING. You agree not to disassemble,
decompile or reverse engineer the Patton Electronics Software
under any circumstances.
WARRANTIES. Patton Electronics warrants only that:
(a) the media upon which you receive Patton Electronics Software
will be free of defects in material and workmanship for a
period of ninety (90) days from your receipt of the Patton
Electronics Software; and (b) that if the Patton Electronics
Software is supplied to you electronically, and there is an
error in transmission, and you inform us of that error within
ninety days of your receipt of the Patton Electronics Software,
Patton Electronics will re-transmit the Software to you. YOU
UNDERSTAND AND AGREE THAT EXCEPT AS STATED ABOVE, THE PATTON
ELECTRONICS SOFTWARE IS SUPPLIED 'AS IS,' AND PATTON ELECTRONICS
EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, GUARANTEES, OR REMEDIES
WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT
LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE.
LIABILITY LIMITATIONS. UNDER NO CIRCUMSTANCES WILL
PATTON ELECTRONICS OR ANY OF ITS DISTRIBUTORS OR SUPPLIERS
BE LIABLE FOR LOSS OF DATA, REPROCUREMENT COSTS, LOST REVENUE
OR PROFITS OR ANY OTHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES, EVEN IF THOSE DAMAGES WERE FORESEEABLE OR YOU HAVE
INFORMED PATTON ELECTRONICS OF POTENTIAL LIABILITY. PATTON
ELECTRONICS'S TOTAL LIABILITY TO YOU FOR DAMAGES FOR ANY REASON
SHALL NOT EXCEED THE PRICE ACTUALLY PAID TO PATTON ELECTRONICS
BY YOU FOR THE PRODUCT ASSOCIATED WITH THE SOFTWARE.
TITLE AND OWNERSHIP. You acknowledge and agree that
Patton Electronics retains all right, title and interest in
and to the Software. You agree to indemnify, defend and hold
harmless Patton Electronics against any loss suffered or expenditure
made by Patton Electronics arising from an assertion of an
interest in or title to the Patton Electronics Software by
you and against any breach by you of any copyright, patent
rights, or any other rights in the Patton Electronics Software.
TERMINATION. You acknowledge and agree that Patton
Electronics may terminate your license and use of the Patton
Electronics Software without notice if, at any time, you fail
to comply with a material term or condition of this Software
License Agreement. Immediately upon termination of this license,
you will return all copies of the Patton Electronics Software
to Patton Electronics, together with all documentation, modifications
and enhancements thereto, or at Patton Electronics's request,
destroy all copies of the Patton Electronics Software documentation,
modifications and enhancements in your possession. You understand
and agree that in the event of termination, Patton Electronics
may use computer hardware, software or other methods to render
the Patton Electronics Software inoperable.
ASSIGNMENT. You may not assign this license without
the prior written consent of Patton Electronics. Patton Electronics
may assign the Patton Electronics Software to any third party
at its discretion, but will provide you with written notice
in the event of such assignment.
CHOICE OF LAW AND VENUE. This Software License Agreement
shall be governed and construed in accordance with the laws
of the State of Minnesota. Any controversy or claim arising
out of or related to this license and/or your use of the Patton
Electronics Software shall be venued in Minnesota State District
Court, County of Hennepin or the United States District Court
for the District of Minnesota.
MAINTENANCE AND SUPPORT. Any software maintenance
or support services provided to you by Patton Electronics,
are provided at Patton Electronics's discretion, and Patton
Electronics reserves the right to discontinue and/or commence
charging fees for maintenance or support services at any time.
You also understand and agree that any maintenance or support
services provided to you by Patton Electronics are provided
as is, and Patton Electronics makes no representations or
warranties with regard to those services.
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