HelloDevice IDE version 2.1 Commercial use license
Copyright (C) 2000-2001 Sena Technologies, Inc.
All Rights Reserved
Redistribution Or Rental Not Permitted
By clicking the acceptance button or installing or using HelloDevice IDE software, the individual or entity licensing the product("licensee") is consenting to be bound by and is becoming a party to this agreement. If licensee does not agree to all of the terms of this agreement, the button indicating non-acceptance must be selected, and licensee must not install or use the Software.
1. LICENSE GRANT
(A) License To Use
Licensee is granted a non-exclusive and non-transferable license to download, install and internally use one copy of this Software on a single terminal connected to a single computer (a single CPU). You may not network this Software or otherwise use it on more than one computer or computer terminal at one time.
(B) License Restrictions
The Software is licensed to Licensee only under the terms of this Agreement, and Sena reserves all rights not expressly granted to Licensee. Licensee may not copy, modify, or transfer the Software, or any copy thereof, except as expressly provided for in this Agreement. Licensee may not reverse engineer, disassemble, decompile, or translate the Software, or otherwise attempt to derive the source code of the Software. Licensee may not rent, lease, loan, sell, or distribute the Software, or any part of the Software. No right, title, or interest in or to any trademarks, service marks, or trade names of Sena or Sena's licensors is granted hereunder. You are specifically prohibited from charging, or requesting donations, for any such copies, however made; and from distributing the Software and/or documentation with or without other products (commercial or otherwise) without prior written permission.
(C) Ownership
This Software is licensed and not sold to you by Licensor. Licensor owns all copyright, trade secret, patent, and other proprietary rights in the Software. Your license confers no title or ownership in the Software and is not a sale of any rights in the Software. Rather, you have a license to Use the Software as long as this License Agreement remains in full force and effect. Any other use of the Software by any person, business, corporation, government organization or any other entity is strictly forbidden and is a breach of this License Agreement.
(D) Copies
You may make one copy of the Software for Use and one copy for back-up purposes only, provided that: (1) the Software is installed on only one server or computer; (2) the Software is not modified or enhanced; and (3) all Licensor's copyright, trademark or other proprietary ownership notices are maintained on all copies of the Software. The back-up copy is to be used solely for temporary emergency purposes only, and such use is subject to this License Agreement to the same extent as the implementation copy.
(E) Applications Restriction
The Software is not designed, manufactured, or intended for use or resale as online control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage. Sena disclaims any express or implied warranty of fitness for such uses. Licensee represents and warrants that it will not use the Software for such purposes.
2. CONFIDENTIALITY
The Software is the confidential and proprietary information of Sena and/or its licensors. The Software is protected by international treaty. Unauthorized reproduction or distribution is subject to civil and criminal penalties. Licensee agrees to take adequate steps to protect the Software from unauthorized disclosure or use.
3. TRADEMARKS AND LOGOS
This Agreement does not authorize licensee to use any Sena name, trademark, or logo. Licensee acknowledges that Sena owns the HelloDevice trademark and all HelloDevice-related trademarks, logos and icons and agrees to not to do anything harmful to or inconsistent with Sena's rights in the HelloDevice Marks and assist Sena in protecting those rights, including assigning to Sena any rights acquired by Licensee in any HelloDevice Mark.
4. TERM, TERMINATION AND SURVIVAL
(A) Licensee may terminate this Agreement at any time by destroying all copies of the Software.
(B) This Agreement will immediately terminate without notice if Licensee fails to comply with any obligation of this Agreement.
(C) The provisions set forth in paragraphs 1 (B), (C), (D), 2 and 5 will survive termination or expiration of this Agreement.
5. NO WARRANTY
The Software is provided to Licensee "as is". All express or implied conditions, representations, and warranties, including any implied warranty of merchantability, satisfactory quality, fitness for a particular purpose, or non-infringement, are disclaimed, except to the extent that such disclaimers are held to be legally invalid. The entire risk as to the results and performance is assumed by you.
6. MAINTENANCE AND SUPPORT
Sena has no obligation to provide maintenance, support, update or error corrections for the Software under this Agreement. Subject to the terms and conditions herein and provided that you have paid any applicable license and other fee(s), if you are a commercial use Licensee, you will receive software updates (as Sena, in its sole discretion, releases from time to time), technical support via email (support@sena.com), and the web for certain time periods set by Sena. For further information, go to http://www.sena.com.
7. LIMITATION OF DAMAGES
To the extent not prohibited by applicable law, Sena's aggregate liability to Licensee or to any third party for claims relating to this agreement, whether for breach or in tort, will be limited to the fees paid by Licensee for the Software which is the subject matter of the claims. In no event will Sena be liable for any indirect, punitive, special, incidental or consequential damage in connection with or arising out of this agreement (including loss of business, revenue, profits, use, data or other economic advantage), however it arises, whether for breach or in tort, even if Sena has been previously advised of the possibility of such damage. Liability for damages will be limited and excluded, even if any exclusive remedy provided for in this agreement fails of its essential purpose.
8. NO ASSIGNMENT
Neither party may assign or otherwise transfer any of its rights or obligations under this Agreement, without the prior written consent of the other party, except that Sena may assign its right to payment and may assign this Agreement to an affiliated company.
9. OFFICIAL LANGUAGE
The official text of this Agreement is in the English language and any interpretation or construction of this Agreement will be based thereon. In the event that this Agreement or any documents or notices related to it are translated into any other language, the English language version will control.
10. ENTIRE AGREEMENT
This Agreement is the parties' entire agreement relating to the Software. It supersedes all prior or contemporaneous oral or written communications, proposals, warranties, and representations with respect to its subject matter, and following Licensee's acceptance of this license by clicking on the "Accept" button, will prevail over any conflicting or additional terms of any subsequent quote, order, acknowledgment, or any other communications by or between the parties. No modification to this Agreement will be binding, unless in writing and signed by an authorized representative of each party.
Sena Technologies, Inc.
210 Yangjae-dong Seocho-gu Seoul, Korea (Republic of)
http://www.sena.com