RDM Embedded

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Please accept our license agreement
END-USER LICENSE AGREEMENT IMPORTANT - READ CAREFULLY: THIS IS A BINDING END-USER LICENSE AGREEMENT ("EULA") BETWEEN YOU AND BIRDSTEP TECHNOLOGY, INC. ("BIRDSTEP") FOR THE ACCOMPANYING BIRDSTEP SOFTWARE PRODUCT AND ANY RELATED DOCUMENTATION ("PRODUCT"). BY CLICKING THE "I ACCEPT" BUTTON, YOU (ON BEHALF OF YOURSELF OR AS AN AUTHORIZED REPRESENTATIVE ON BEHALF OF AN ENTITY) AGREE TO ALL THE TERMS AND CONDITIONS OF THIS EULA REGARDING YOUR USE OF THE PRODUCT AND ACKNOWLEDGE AND AGREE TO COMPLY WITH THE EXPORT RESTRICTIONS DESCRIBED IN SECTION 7. IF YOU AGREE TO THE TERMS OF THIS EULA, CLICK THE "I ACCEPT" BUTTON TO PROCEED. IF YOU DO NOT AGREE WITH ALL OF THIS EULA, CLICK THE "I DISAGREE" BUTTON TO TERMINATE THIS PROCESS. 1. Grant of Limited License. 1.1. Product License. Birdstep grants to you a non-exclusive, non-transferable, revocable license to use the object code of the Product for internal use, development and testing purposes to support your development of software applications that contain the Product as an embedded or bundled component (the "Application(s)"). The license allows one Developer to (i) install the Product on one computer, (ii) make one copy of the Product for back-up and archival purposes, but only if all Birdstep proprietary notices are reproduced in such copy, and (iii) physically transfer the Product from one computer to another, but the Product may only be installed on one computer at a time. "Developer" means a person who modifies any aspect of an Application or who links, compiles, or edits code of the Product. 1.2. You may not reproduce, distribute, use or deploy any Application(s) developed using the Birdstep Product without first entering into a separate written license agreement with Birdstep. 2. License Limitations. The following terms apply to all licenses granted under this EULA: 2.1. You may not produce, market, sell, transfer, assign, sublicense, rent, lease, use on a time-sharing or service bureau basis, or otherwise distribute the Product to any third parties, either alone or as an embedded component of an Application(s) or a derivative work of a Product, without first executing a separate written license agreement with Birdstep upon mutually agreeable terms and conditions. 2.2. You may not disclose or permit any other person or entity access to the source code or object code of the Product, or any part thereof in any form; and you may not use the source code or object code of the Product except as permitted under this EULA. 2.3. You and your employees and agents may not reverse engineer, disassemble, or de-compile the Product, or otherwise attempt to discover the source code of the Product or disable any embedded link(s) that are provided with the Product or a Product update, except to the extent required to obtain interoperability with other independently created software programs, and then only to the extent expressly permitted by applicable law and only after you have notified Birdstep in advance in writing of your intended activities. 2.4. You may not remove, obscure or alter any copyright, trademark, or other proprietary notices on or in the Product. 2.5. You may not modify the Product or create derivative works of the Product, other than as expressly permitted under this EULA. 2.6. You may not disclose the results of any performance or benchmark tests run on the Product without Birdstep's prior written consent. 3. No Technical Support. Birdstep is not obligated under this EULA to provide any technical support, phone support, updates or upgrades to you for the Product or any derivative work of a Product. Technical support for the Product may be available from Birdstep for an additional fee under a separate support agreement. 4. Books and Records/Verification. Upon Birdstep's advance reasonable written request, you agree to provide copies of your books and records to Birdstep so that Birdstep can verify your compliance with this EULA. 5. Exclusion of Warranties. Birdstep makes no warranties, express or implied, concerning the Product, including the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, or that the Product will operate properly in an Application or be uninterrupted or error-free. Birdstep will not be liable or in any way responsible for the commercial success or failure of any Application in which a Product is embedded, or of any enhancement of an Application. Birdstep makes no warranties concerning any third party product. 6. Disputes. This EULA will be construed in accordance with and governed by the internal laws of the State of Washington, U.S.A. without giving effect to any choice of law rule that would cause the application of the laws of any other jurisdiction to the rights and duties of the parties. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this EULA. Any dispute arising out of or related to this EULA will be subject to the exclusive jurisdiction and venue of the Washington State courts of King County, Washington (or, in case of federal jurisdiction, the United States District Court for the Western District of Washington). 7. Export Restrictions. Birdstep and Licensee will comply with all U.S. export control regulations relating to the export of the Products. The Products may not be exported or re-exported: (a) in violation of any trade embargoes imposed by the U.S. government; (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders; or (c) to certain governmental end-users not explicitly authorized to receive Products by the United States Department of Commerce in the United States Export Administration Act,; or (d) to any other country or person for which an export license or other authorization from the U.S. government is required without such license or authorization first having been obtained. In addition, the Products may be subject to local laws in non-U.S. jurisdictions that restrict the right to import, export, or use such Products. Licensee is responsible for ensuring compliance with all relevant legal restrictions on the export, import, and use of the Applications; provided, however, that Birdstep agrees to provide Licensee with any information needed by Licensee to determine the export control status, and/or obtain any export license or approval regarding the export, of any commodity, technology or software used, developed or acquired under this Agreement. 8. Termination. Without prejudice to any other rights, Birdstep may cancel this EULA if you do not abide by the terms and conditions of this EULA, in which case you must promptly destroy all copies of the Product and all of its component parts and accompanying documentation. 9. Confidentiality. 9.1. Disclosure of Confidential information. You agree to protect the confidentiality of the Product, the intellectual property and other proprietary rights associated with the Product, Product source code and object code, and any other information obtained under this EULA, with at least the same degree of care that you use to protect your own similar proprietary information, but in no event less than a reasonable standard of care. You must not: (i) disclose or otherwise permit any other person or entity access to, in any manner, the source code or object code of the Product, or any part thereof in any form; or (ii) use the source code or object code of the Product for any purpose other than as expressly permitted under this EULA. 9.2. Exceptions. Nothing in this section will restrict your use or disclosure of information that: (a) was rightfully in your possession before it was received from Birdstep; (b) is independently developed by you without referring to Birdstep's information or data; (c) is subsequently furnished to you by a third party not under any obligation of confidentiality with respect to such information or data, and without restrictions on use or disclosure; or (d) is or becomes available to the public other than through any act or default by you. Either party (and any employee, representative or other agent of either party) may disclose to any and all persons the tax treatment and tax structure of the transactions contemplated by this EULA and all materials of any kind (including opinions or other tax analyses) that are provided to either party relating to the tax treatment and tax structure, except that any such information and materials will be kept confidential to the extent necessary to comply with any applicable securities laws. The tax treatment and tax structure of the transactions contemplated by this EULA will not be considered to include the intellectual property and other proprietary rights associated with the Product or the Product source code and object code. 10. Indemnity. You agree to indemnify, hold harmless and defend Birdstep and its directors, officers, affiliates, shareholders, employees and agents from and against any claims or lawsuits, including attorney's fees that arise or result from your use, development or testing of the Product. 11. Limitation of Liability. 11.1. Birdstep's entire liability and your sole and exclusive remedy from any causes of action including, without limitation, nonperformance or misrepresentation, and regardless of the form of action, whether in contract, tort or any other legal theory, is limited to, in the aggregate, $500. You release Birdstep from all obligations, liability, claims or demands in excess of this limitation. 11.2. Except in connection with your indemnification obligations under Section 10 of this EULA, neither party will be liable to the other party for indirect, incidental, consequential, special, punitive or exemplary damages, lost profits, lost use of equipment, loss of stored memory, cost of substitute equipment or other downtime costs, regardless of whether such liability is based on breach of contract, tort, strict liability, breach of warranties, failure of essential purpose or otherwise (even if the other party has been advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy). 12. Miscellaneous Provisions. 12.1. Severability. If any term of this EULA is unenforceable or waived, all other terms will remain in effect. 12.2. Assignment. Neither party may assign this EULA, in whole or in part, without the other party's written consent; however, Birdstep may assign this EULA without your consent to a successor in interest or an entity that owns, is owned by or is under common ownership with Birdstep. Ownership means more than a 50% ownership interest. Any attempt to assign this EULA other than in compliance with this provision will be null and void. 12.3. Survival. Sections 3 through 12 and any other provision whose continuance is necessary to achieve its essential purpose will survive any termination of this EULA.
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