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License For Use of Wayne-Dalton Z-Wave USB Adapter Software
IMPORTANT NOTICE -- READ CAREFULLY: This License For Customer Use
of
Wayne-Dalton “ZStick Update” USB Adapter Software ("LICENSE")
is the
agreement which governs use of the software of Wayne-Dalton Corporation
and its subsidiaries (“Wayne-Dalton”), including computer
software and
associated materials ("SOFTWARE"). By installing, copying,
or otherwise
using the SOFTWARE, you agree to be bound by the terms of this LICENSE.
If you do not agree to the terms of this LICENSE, do not install
copy or
otherwise use the SOFTWARE.
RECITALS
Use of Wayne-Dalton Z-Wave USB Adapter Software requires two elements:
the SOFTWARE and a Wayne-Dalton produced Z-Wave USB adapter (the
“
HARDWARE”). The SOFTWARE is protected by copyright laws and
international copyright treaties, as well as other intellectual property
laws
and treaties. The SOFTWARE is not sold, and instead is only licensed
for use,
strictly in accordance with this document. This LICENSE sets forth
the terms
and conditions of the SOFTWARE LICENSE only.
1. DEFINITIONS
1.1 Customer. Customer means the entity or individual that installs,
copies,
or otherwise uses the SOFTWARE.
2. GRANT OF LICENSE
2.1 Rights and Limitations of Grant. Wayne-Dalton Corp. hereby grants
Customer the following non-exclusive, non-transferable right to use
the
SOFTWARE, with the following limitations:
2.1.1 Rights. Customer may use SOFTWARE only for Wayne-Dalton produced
HARDWARE.
2.1.2 Limitations.
No Reverse Engineering. Customer may not reverse engineer, decompile,
or
disassemble the SOFTWARE, nor attempt in any other manner to obtain
the
source code.
3. TERMINATION
This LICENSE will automatically terminate if Customer fails to comply
with
any of the terms and conditions hereof. In such event, Customer must
destroy all copies of the SOFTWARE and all of its component parts.
Defensive Suspension. If Customer commences or participates in any
legal
proceeding against Wayne-Dalton, then Wayne-Dalton may, in its sole
discretion, suspend or terminate all license grants and any other
rights
provided under this LICENSE during the pendency of such legal proceedings.
4. APPLICABLE LAW
This LICENSE shall be deemed to have been made in, and shall be construed
pursuant to, the laws of the State of Ohio. The United Nations Convention
on
Contracts for the International Sale of Goods is specifically disclaimed.
5. DISCLAIMER OF WARRANTIES AND LIMITATION ON LIABILITY
5.1 No Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, THE SOFTWARE IS PROVIDED "AS IS" AND WAYNE-DALTON
DISCLAIM
ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE.
5.2 No Liability for Consequential Damages. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WAYNE-DALTON OR
ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR
CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER
PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE
SOFTWARE, EVEN IF WAYNE-DALTON HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
6. MISCELLANEOUS
If any provision of this LICENSE is inconsistent with, or cannot
be fully
enforced under, the law, such provision will be construed as limited
to the
extent necessary to be consistent with and fully enforceable under
the law.
This LICENSE is the final, complete and exclusive agreement between
the
parties relating to the subject matter hereof, and supersedes all
prior or
contemporaneous understandings and agreements relating to such subject
matter, whether oral or written. This LICENSE may only be modified
in
writing signed by an authorized officer of Wayne-Dalton. Customer
agrees
that it will not ship, transfer or export the SOFTWARE into any country,
or
use the SOFTWARE in any manner, prohibited by the United States Bureau
of
Export Administration or any export laws, restrictions or regulations. |
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