Before entering the
download area, please read and accept the Agreement below.
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.
By clicking
here, you accept the above terms.
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