End User License Agreement
71
SmartNode 5540 & 4140 Series User Manual
G
• End User License Agreement
End User License Agreement
By opening this package, operating the Designated Equipment or downloading the Program(s) electronically,
the End User agrees to the following conditions:
1. Definitions
A)
“Effective Date” shall mean the earliest date of purchase or download of a product containing the Patton
Electronics Company Program(s) or the Program(s) themselves.
B)
“Program(s)” shall mean all software, software documentation, source code, object code, or executable
code.
C)
“End User” shall mean the person or organization which has valid title to the Designated Equipment.
D)
“Designated Equipment” shall mean the hardware on which the Program(s) have been designed and
provided to operate by the End User.
2. Title
Title to the Program(s), all copies of the Program(s), all patent rights, copyrights, trade secrets and proprietary
information in the Program(s), worldwide, remains with Patton Electronics Company or its licensors.
Patton does not convey any intellectual property title or rights in the Licensed Products to Licensee. All
Licensed Products furnished by Patton, and all copies thereof, and compilations, programmatic extension, and
all Patches, Updates, Upgrades and Platform Releases, are and shall remain the property of Patton or Patton’s
licensors, as applicable. Further, the Licensed Products provided under this Agreement are not custom software
but are standard commercial software. Except for the license use rights otherwise expressly provided in this
Agreement, no right, title or interest in Patton Licensed Products is granted hereunder. Licensee shall not use
any proprietary information of Patton to create any computer software program or user documentation, which
is substantially similar to the Licensed Products.
3. Term
The term of this Agreement is from the Effective Date until title of the Designated Equipment is transferred by
End User or unless the license is terminated earlier as defined in section
4. Grant of License
A)
During the term of this Agreement, Patton Electronics Company grants a personal, non-transferable,
non-assignable and non-exclusive license to the End User to use the Program(s) only with the Desig-
nated Equipment at a site owned or leased by the End User.
B)
The End User may copy licensed Program(s) as necessary for backup purposes only for use with the Des-
ignated Equipment that was first purchased or used or its temporary or permanent replacement.
C)
The End User is prohibited from disassembling; decompiling, reverse-engineering or otherwise attempt-
ing to discover or disclose the Program(s), source code, methods or concepts embodied in the Pro-
gram(s) or having the same done by another party.
D)
Should End User transfer title of the Designated Equipment to a third party after entering into this
license agreement, End User is obligated to inform the third party in writing that a separate End User
License Agreement from Patton Electronics Company is required to operate the Designated Equipment.
