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RTCU Products - User License Agreement
 January 1, 2009

IMPORTANT - PURCHASE AND USE OF LOGIC IO PRODUCTS OR USE OF SOFTWARE, FIRMWARE AND / OR ACCOMPANYING DOCUMENTATION (DEFINED BELOW) IS SUBJECT TO LICENSE RESTRICTIONS AND LIMITED WARRANTY. CAREFULLY READ THIS AGREEMENT BEFORE USING LOGIC IO PRODUCTS, SOFTWARE, FIRMWARE AND/OR DOCUMENTATION.

This is a legal "Agreement," concerning the purchase of Products and use of Software, Firmware and/or Documentation, between you, the "User" (either individually or as an authorized representative of the company that is purchasing, has purchased, or is using the Products, Software, Firmware or Documentation) and Logic IO ApS, Holmboes Allé 14, 8700 Horsens, Denmark.

PURCHASE OF LOGIC IO PRODUCTS OR USE OF SOFTWARE, FIRMWARE AND / OR ACCOMPANYING DOCUMENTATION INDICATES USER'S COMPLETE AND UNCONDITIONAL ACCEPTANCE OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT.

Logic IO provides products ("Products"), software programs ("Software"), firmware, e.g., protocols, software program code, device drivers and related hardware ("Firmware") and accompanying documentation ("Documentation") and grants a non-exclusive and non-transferable license ("License") to User to use the Software and the Firmware only on the following terms and conditions. Taken together, Products, licensed Software, licensed Firmware and accompanying Documentation are collectively defined as "Logic IO Product(s)" in this Agreement.

1. Copyright. The Software, Firmware and Documentation are copyrighted and protected by Danish copyright laws and international treaty provisions and laws, contain valuable proprietary products, information and trade secrets, and shall remain the property of Logic IO. User may not and shall not copy or otherwise reproduce or make available to any other party any part or all of the Software, Firmware or Documentation nor decompile, disassemble, reverse engineer, manufacture or modify any portion of the Products, Software, Firmware, Documentation or any portion of the same for any purpose or otherwise attempt to determine the underlying source code of the Software or Firmware or permit any such action; provided however, User may either (a) make one (1) copy of the Software solely for backup or archival purposes, or (b) transfer one (1) image of the Software to a single hard disk, CD or other comparable media, provided User keeps the original solely for backup or archival purposes.

2. License. User is hereby licensed to use one (1) copy of the Software for User's own use in operating the Products. User may not rent, lease or otherwise assign or transfer all or any part of the Software, Firmware or Documentation. In addition, User may not sublicense, assign or transfer this License or Agreement, or any part thereof. Any attempt to do so shall terminate this License and User's right to use the Software and Firmware and shall subject User to liability for damages to Logic IO. LICENSING TO USER OF THE SOFTWARE AND FIRMWARE COMMENCES WHEN USER USES THE SOFTWARE, FIRMWARE AND / OR ACCOMPANYING DOCUMENTATION.

3. Copies, Modification or Merger. Except as specifically set forth in Paragraph 1, User may not copy, modify, transfer all or any portion of the Software, Firmware or Documentation or merge it or them into another program, unless expressly authorized in advance in writing by Logic IO. User must, as a condition of this License, reproduce and include the identifying marks, copyright and proprietary notices on any permitted copy of the Software, Firmware and Documentation. "Copies" shall include, without limitation, any complete or partial duplication on any media, adaptations, translations, compilations, partial copies within modifications, mergers with other material from whatever source and updated works. User will use its best efforts to prevent any unauthorized copying or other activity with respect to the Software, Firmware and Documentation.

4. <deliberately omitted>

5. DUE TO THE COMPLEX NATURE OF OUR PRODUCTS, LOGIC IO DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE AND FIRMWARE IS ERROR FREE OR THAT ALL ERRORS WILL BE CORRECTED.  LOGIC IO DOES NOT GUARANTEE RESULTS. THE PRODUCTS, FIRMWARE AND SOFTWARE IS NOT FAULT TOLERANT AND ARE NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR RESALE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS BUT NOT LIMITED TO, NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, DIRECT LIFE SUPPORT MACHINES OR WEAPON SYSTEMS, IN WHICH THE FAILURE OF OUR PRODUCTS COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

6. Remedies of Logic IO. IF USER BREACHES THIS AGREEMENT, USER'S LICENSE HEREUNDER SHALL BE AUTOMATICALLY TERMINATED. Upon termination, User shall return the Software and all Documentation to Logic IO and destroy any copies of the Software and the Documentation or any portions thereof which have not been returned to Logic IO, including copies resident on electronic or digital media. If User breaches this Agreement, Logic IO shall be entitled to all damages suffered by Logic IO resulting from such breach and Logic IO shall be entitled to equitable and injunctive relief in addition to all other remedies at law. In this regard, User acknowledges that its breach of any provision of this Agreement will cause Logic IO immediate and irreparable injury for which there are inadequate remedies at law. The prevailing party in any dispute concerning this Agreement shall be entitled to the costs of collection and enforcement, including but not limited to reasonable attorneys' fees, court costs and all necessary expenses, regardless of whether litigation is commenced.

7. RESTRICTED RIGHTS NOTICE. Logic IO Products, Software, Firmware and Documentation have been developed entirely at private expense and are commercially provided with RESTRICTED RIGHTS.  Manufacturer, licensor and publisher is Logic IO ApS, Holmboes Allé 14, 8700 Horsens, Denmark.

8. Statute of Limitations. No action for any breach of a warranty, if any, deemed or actual, may be commenced more than one (1) year following the expiration of such warranty.

9. Other. User further agrees that this Agreement is the complete and exclusive statement of the agreement between User and Logic IO and supersedes any proposal or prior agreement or any other communications between Logic IO or any of its representatives and User relating to the use of the Software, Firmware, Documentation and purchase of the Products. This Agreement may only be modified by a physically signed writing between User and Logic IO. Waiver of terms or excuse of breach must be in writing and shall not constitute subsequent consent, waiver or excuse. If any provision of this Agreement is finally determined to be unenforceable, the remaining provisions shall remain in effect. The laws of the Denmark, including Danish copyright laws, shall govern this Agreement. Venue in the event of any suit, proceeding or claim shall be in the courts located in Denmark. If User has any questions regarding this Agreement, User may contact Logic IO by writing Logic IO at the above address.

This complete Agreement can be downloaded here as a PDF file.

 

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