User Manual

b. Limitations on Modification: You may not copy, modify, adapt, or translate the Firmware, or create
derivative works based on the Firmware.
c. Limitations on Reverse Engineering, Decompilation and Disassembly: You may not reverse
engineer, decompile, or disassemble the Products, except and only to the extent that such activity is
permitted by applicable law notwithstanding this limitation.
d. Assignment and Resale: You may not transfer or assign this Agreement (by operation of law or
otherwise) without the advance, written approval of ThingMagic which approval may be withheld for
any reason. You agree not to resell, lease, distribute or otherwise transfer the Products to any third
party at any time. If you are a potential reseller of the Products, you may demonstrate the Products to
your customers solely for evaluation purposes, provided that notwithstanding anything to the con-
trary in this Agreement, (i) any such use will be “AS IS” with no warranty whatsoever, as more fully
set forth in Section 10 below, and (ii) may only be done in countries where ThingMagic has received
the necessary regulatory certifications (for a list of countries, please email [customersupport
@thingmagic.com]. You may not, however, resell, lease, distribute or otherwise transfer the Products
to your customers until you have signed ThingMagic’s Reseller Agreement.
e. Additional Restrictions Applicable to Original Equipment Manufacturers (OEMs).
If you purchased embedded Products under this Agreement, you may only use such Prod-
ucts for testing and evaluation purposes, provided that any such use will be “AS IS” with not
warranty whatsoever, as muore fully set forth in Section 10 below. Prior to incorporating the
embedded Products into production units which you will deliver to your customers, you
must sign ThingMagic’s OEM Agreement.
4.
SUPPORT SERVICES: ThingMagic provides support to authorized resellers of its Products. ThingMagic
may provide you with direct support services related to the Products (“Support Services”), in its sole
discretion. Use of Support Services, if any, is governed by the ThingMagic policies and programs described
in the Documentation, and/or other ThingMagic provided materials.
5. TERMINATION: Without prejudice to any other rights, ThingMagic may terminate this Agreement if you fail
to comply with the terms and conditions of this Agreement The provisions of this Agreement, other than
your license to use the Firmware, shall survive the termination of this Agreement. Upon termination, your
right to use the Products shall cease. Depending on your location, there may be rules or regulations
regarding the disposal of the Products. Please contact ThingMagic for further information.
6. U. S. GOVERNMENT RESTRICTED RIGHTS: Distribution and use of the Products and derivative works
thereof to and by the United States Government will be subject to the RESTRICTED RIGHTS as set forth in
the Federal Acquisitions Regulations Systems (FAR) at 48 CFR 252.7015, as amended from time to time..
Any licensed Firmware described or referenced in this Agreement is a commercial computer software
program developed at private expense. Use, duplication or disclosure by the Government is subject to
restrictions as set forth in FAR 48 CFR 52.227-19(c) where applicable or the applicable provisions of the
DOD FAR 48 CFR 227.7202-3, as amended from time-to-time.
7. EXPORT RESTRICTIONS: The Products are subject to regulation by agencies of the U.S. Government,
including without limitation the Department of Commerce, which prohibit or restrict export or diversion of
certain technical products and technical data to certain countries and may be subject to export or import
regulations in other countries. You shall comply with such laws and regulations governing use, import,
export, re-export, and transfer of the Products and acknowledge your responsibility to obtain such licenses
as may be required after delivery to you.
8. LIMITED WARRANTY: Subject to the conditions in the following paragraph, ThingMagic warrants for a
period of twelve (12) months from the date of original shipment the Products will be free from defects in
material and workmanship and will operate in substantial conformance with applicable specifications and