License Agreement for ByVac Software
NOTICE: THIS BYVAC SOFTWARE PRODUCT (TOGETHER WITH ITS ACCOMPANYING
DOCUMENTATION, THE "PRODUCT") IS THE PROPERTY OF BYVAC.
THE PRODUCT IS MADE AVAILABLE TO YOU, THE ORIGINAL PURCHASER, SUBJECT TO THE
FOLLOWING LICENSE AGREEMENT ("LICENSE"). PLEASE READ THIS LICENSE CAREFULLY
BEFORE USING THE PRODUCT.
ByVac is only willing to grant you this License if you obtained the Product from
ByVac or a ByVac authorised reseller. The product must only be used in a board
supplied by ByVac or an authorised reseller.
1. Ownership. The Product is proprietary to ByVac. The Product is licensed, not
sold, to you notwithstanding any reference herein to "purchases." You
acknowledge and agree that: (a) the Product is protected under copyright and
other laws; (b) ByVac and its licensors retain all copyrights and other
intellectual property rights in the Product; (c) there are no implied licenses
under this License, and any rights not expressly granted to you hereunder are
reserved by ByVac; (d) you acquire no ownership or other interest (other than
your license rights) in or to the Product; and (e) ByVac owns all copies of the
Product, however made. You agree that you will not, at any time, contest
anywhere in the world ByVac's ownership of the Product, nor will you challenge
the validity of ByVac's rights in the Product. You have no rights hereunder to
use any trademark or service mark belonging to ByVac.
2. GRANT OF LICENSE AND SCOPE OF USE.
2.1 Grant of License. Subject to the terms and conditions of this License, ByVac
grants to you, if you are an individual, or, if you are an entity, one (1)
designated person in your organization ("Named User") a personal, nonexclusive,
nontransferable and limited license to use the Product solely to create,
compile, test and deploy, in source or object code form, your own application
programs and other works. You may distribute your works to others as a
commercial product or part of another system provided the software is running in
a ByVac hardware productl.
2.2 Licensed Copies for hardware other than ByVac.
You may purchase from ByVac or its authorised reseller additional licenses to
permit multiple Named Users to use the Product (each, a "Named User License").
Such rights will be effective only when granted in writing by ByVac or its
authorised reseller and are conditioned upon your payment of the applicable
fees.
2.3 Certain Restrictions. Regardless of any modifications that you make and
regardless of how you might compile or package your Works: (a) you may not
permit your End Users to modify or further distribute or use the firmware
provided under this licence.
3.1 Other Rights. Contact ByVac for the applicable royalties due and other
licensing terms for all other uses or distribution.
4.1 additional licence terms applicable to upgrading. If you have purchased an
upgrade version of the Product, it constitutes a single product with the copy of
the Product that you upgraded. This means that, although you may have two sets
of Product media, you still have only one license. Therefore, you may not
transfer the original copy of the Product to any other party.
5. Limitations. You may not: (a) modify, adapt, alter, translate, or create
derivative works of the Product or merge the Product with other software other
than as described in the Product's accompanying documentation or as approved of
in writing by ByVac; (b) lease, rent or loan the Product to any third party; (c)
sublicense, distribute or otherwise transfer the Product or any component
thereof to any third party except as expressly authorised in this Agreement; (d)
reverse engineer, decompile, disassemble, or otherwise attempt to derive the
source code of the Product; (e) remove, alter, or obscure any confidentiality or
proprietary notices (including copyright and trademark notices) of ByVac or its
suppliers on the Product. (f) reproduce or use the Product except as expressly
authorised under Sections 2, 3 or 4.
6. THE PRODUCT IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. BYVAC
HEREBY EXCLUDES AND DISCLAIMS ALL IMPLIED OR STATUTORY WARRANTIES, INCLUDING ANY
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY,
NON-INFRINGEMENT, TITLE, RESULTS, EFFORTS OR QUIET ENJOYMENT. THERE IS NO
WARRANTY THAT THE PRODUCT WILL BE ERROR-FREE OR WILL FUNCTION WITHOUT
INTERRUPTION. YOU ASSUME THE ENTIRE RISK FOR THE RESULTS OBTAINED USING THE
PRODUCT. TO THE EXTENT THAT BYVAC MAY NOT DISCLAIM ANY WARRANTY AS A MATTER OF
APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM
PERMITTED UNDER SUCH LAW.
7. SERVICES; UPDATES; PRODUCT CHANGES. ByVac is not required under this License
to provide any installation, training or other services to you. Such services,
if available, must be purchased separately. If, pursuant to a separate support
agreement or otherwise, ByVac provides you with a new release, error correction,
update, upgrade or other modification to the Product, such modification will be
deemed part of the Product, and subject to the terms of this License, unless the
modification is expressly provided subject to a separate license agreement.
ByVac reserves the right at any time not to release or to discontinue release of
any Product and to alter prices, features, specifications, capabilities,
functions, licensing terms, release dates, general availability or other
characteristics of any future releases of the Product.
8. LIMITATION OF LIABILITY. IN NO EVENT WILL BYVAC BE LIABLE TO ANY PARTY FOR
ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES,
INCLUDING ANY LOSS OF PROFIT, REVENUE, BUSINESS OPPORTUNITY OR DATA, ARISING
FROM OR RELATING TO THIS LICENSE OR THE PRODUCT, WHETHER IN CONTRACT, IN TORT OR
OTHERWISE, EVEN IF BYVAC KNEW, SHOULD HAVE KNOWN OR HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. BYVAC'S TOTAL CUMULATIVE LIABILITY ARISING FROM OR
RELATED TO THIS LICENSE OR THE PRODUCT, WHETHER IN CONTRACT, IN TORT OR
OTHERWISE, WILL NOT EXCEED THE FEES ACTUALLY PAID BY YOU UNDER THIS LICENSE.
THIS SECTION 8 WILL APPLY EVEN IF AN EXCLUSIVE REMEDY HEREUNDER HAS FAILED OF
ITS ESSENTIAL PURPOSE.
9. TERM AND TERMINATION.
9.1 Term. The term of this License will begin as of the date that you receive
the Product and will remain in effect perpetually unless terminated under this
Section 12.
9.2 Termination for Convenience. You may terminate this License for any reason,
or for no reason, by giving ByVac six (6) days' written notice.
9.3 Termination for Cause. ByVac may terminate this License if you breach your
obligations hereunder. ByVac will effect such termination by giving you
notice of termination, specifying therein the alleged breach. If your breach is
curable, you will have a grace period of thirty five (35) days after such notice
is served to cure the breach described therein. If the breach is cured within
the thirty five (35) day grace period, then this License will remain in effect;
otherwise, this License will automatically terminate upon the conclusion of the
thirty five (35) day grace period.
10.1 Hazardous Uses. The Product is not intended for use, and you may not use or
allow others to use the Product, in connection with any application requiring
fail-safe performance such as the operation of nuclear power facilities, air
traffic control or navigation systems, weapons control systems, life support
systems, or any other system whose failure could lead to injury, death,
environmental damage or mass destruction. You agree that ByVac will have no
liability of any nature, and you are solely responsible, for any expense, loss,
injury or damage incurred as a result of such use of the Product.
11.1 Assignment. You may not transfer the Software media, assign this License or
assign any of your rights or delegate any of your obligations under this
License, by operation of law or otherwise (including by merger, sale of assets
or consolidation), without ByVac's prior written consent. Any attempted
assignment in violation of this Section 13.5 will be void.
ByVac
PO BOX 4049
Penistone SHEFFIELD
S36 6WP