User's Manual

SMARTSYNCH INTEGRATOR’S KIT SOFTWARE MATERIALS LICENSE
IMPORTANT – READ CAREFULLY
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EAD CAREFULLY THE TERMS AND CONDITIONS OF THIS AGREEMENT BEFORE USING THE INTEGRATOR’S KIT.
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NSTALLATION OF INTEGRATOR’S KIT SOFTWARE AND DOCUMENTATION INDICATES YOUR ACCEPTANCE OF
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HESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS
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GREEMENT, PROMPTLY RETURN THE INTEGRATOR’S KIT UNUSED TO THE PROVIDER.
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HIS IS A LEGAL AGREEMENT BETWEEN YOU (“LICENSEE”) and SMARTSYNCH, INC., a Delaware corporation having an
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ffice at 4400 Old Canton Road, Ste 300, Jackson, MS 39211 U.S.A., (hereinafter "SMARTSYNCH").
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MARTSYNCH has created an INTEGRATOR’S KIT for generating APPLICATION(s) that operate with a FLEX™ Kernel Operating System embedded within
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reataLink™2 XT transceivers to transmit and receive messages according to specific message types that are compatible with the FLEXsuite™ set of protocols.
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) Definitions.
a) INTEGRATOR’S KIT includes hardware and INTEGRATOR’S KIT SOFTWARE MATERIALS.
b) INTEGRATOR’S KIT SOFTWARE MATERIALS includes: INTEGRATOR’S KIT SOFTWARE, all documentation included with the INTEGRATOR’S
KIT SOFTWARE, and any floppy disk, CD, or other media on which the INTEGRATOR’S KIT SOFTWARE and the documentation reside.
c) INTEGRATOR’S KIT SOFTWARE shall mean: (1) a Communications Linking Protocol (CLP™) interface library, and (2) CreataLink2 XT FLEX Kerne
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Application Programming Interfaces (APIs), setup files, and object libraries.
d) APPLICATION shall mean original code, intended to reside outside a CreataLink2 XT transceiver, generated to perform a specific function utilizing the
CLP interface library to communicate serially to a CreataLink2 XT transceiver; or original code, intended to be embedded within a CreataLink2 XT
transceiver, generated to perform a specific function utilizing the FLEX Kernel APIs, setup files, or object libraries.
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) Ownership. Ownership of the INTEGRATOR’S KIT SOFTWARE MATERIALS shall remain with SMARTSYNCH.
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) License.
a) Rights granted under SMARTSYNCH’s copyright and other intellectual property rights in the INTEGRATOR’S KIT SOFTWARE MATERIAL.
SMARTSYNCH grants to LICENSEE a nonexclusive, non-assignable, non-transferable, license, without the right to sublicense, to:
i) use the INTEGRATOR’S KIT SOFTWARE MATERIALS to create APPLICATION(s) for use in CreataLink2 XT transceivers, except for uses in
hazardous environments or uses requiring fail safe performance,
ii) copy, including copy and modify, portions, pre-
designated by SMARTSYNCH, of the INTEGRATOR’S KIT SOFTWARE and include the portions in
the APPLICATION(s), and
iii) distribute the APPLICATION(s) in object code form.
b) Restrictions.
i) LICENSEE is granted no rights to the INTEGRATOR’S KIT SOFTWARE MATERIALS except those rights itemized under section 3) a).
ii) LICENSEE agrees to include a copyright notice in the form “Portions of Software © Copyright 2002 SmartSynch, Inc. All rights reserved”, on any
physical media containing the portions of the INTEGRATOR’S KIT SOFTWARE authorized in clause 3) a) (ii), and in human-readable form, e.g., i
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ASCII format, at the beginning of the executable-code form of any API containing the authorized portions.
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) Disclaimer and Limitation of Remedies. LICENSEE UNDERSTANDS AND AGREES AS FOLLOWS:
a) LICENSEE EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE INTEGRATOR’S KIT SOFTWARE MATERIALS IS AT
LICENSEE’S SOLE RISK. THE INTEGRATOR’S KIT SOFTWARE MATERIALS IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY
KIND. SMARTSYNCH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL SMARTSYNCH’S LIABILITY OF ANY KIND INCLUDE ANY SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, EVEN IF SMARTSYNCH HAS KNOWLEDGE OF THE
POTENTIAL LOSS OR DAMAGE.
b) SMARTSYNCH will not be liable in contract, in tort or otherwise for damages or loss of property or equipment, loss of profits, or revenue, loss of use of
equipment or power system, cost of capital, cost of purchased or replacement power or temporary equipment.
c) SMARTSYNCH does not provide any indemnification of any kind (including patent indemnification) for the INTEGRATOR’S KIT SOFTWARE
MATERIALS.
d)
Some states do not allow the exclusion of implied warranties so the above exclusion may not apply to LICENSEE. This warranty gives LICENSEE specific
legal rights, and LICENSEE may also have other rights which vary from state to state.
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) Termination. This agreement is effective until terminated. LICENSEE may terminate it at any time by destroying the INTEGRATOR’S KIT SOFTWARE
MATERIALS, including all computer programs and documentation, and erasing any copies residing on computer equipment. The license shall automatically
terminate if LICENSEE attempts to transfer the INTEGRATOR’S KIT SOFTWARE MATERIALS, or any portion thereof. This agreement shall terminate if
LICENSEE does not comply with any terms or conditions of this agreement. Upon such termination, LICENSEE agrees to destroy the INTEGRATOR’S KIT
SOFTWARE MATERIALS and erase all copies residing on computer equipment.
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) U.S. Government Restricted Rights. The INTEGRATOR’S KIT SOFTWARE MATERIALS is provided to the Government only with restricted rights and
limited rights. Use, duplication, or disclosure by the Government is subject to restrictions set forth in FAR Sections 52-227-14 and 52.221-
19 or DFARS Section
52-227-7013(c)(1)(ii), as applicable. Manufacturer is Motorola, Inc., 1500 Gateway Boulevard, Boynton Beach, Florida 33426-8292.
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) Export. LICENSEE shall not export or re-export the INTEGRATOR’S KIT SOFTWARE MATERIALS to any country, person, entity, or end users subject to
U.S. export restrictions. LICENSEE warrants that LICENSEE’s export privileges have not been suspended, revoked, or denied by the U.S. Bureau of Export
Administration or any other federal agency.