User manual

CONFIDENTIAL Protium Technologies, Inc. 4050-9901
Rev No: 05
5 GHz RF Modem 31-Jan-2007 65 of 84
This document and information contained herein is subject to the restrictions set forth on the title page .
Appendix B Software Licenses
B.1 Protium Technologies, Inc. Proprietary Software License
SOFTWARE LICENSE AGREEMENT
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING OR
USING THE SOFTWARE.
Single User License Grant: Protium Technologies, Inc. ("Protium") and its suppliers grant to Customer
("Customer") a nonexclusive and nontransferable license to use the Protium software ("Software") in object code
form solely on a single central processing unit owned or leased by Customer or otherwise embedded in equipment
provided by Protium.
Customer may make one (1) archival copy of the Software provided Customer affixes to such copy all copyright,
confidentiality, and proprietary notices that appear on the original.
EXCEPT AS EXPRESSLY AUTHORIZED ABOVE, CUSTOMER SHALL NOT: COPY, IN WHOLE OR IN
PART, SOFTWARE OR DOCUMENTATION; MODIFY THE SOFTWARE; REVERSE COMPILE OR
REVERSE ASSEMBLE ALL OR ANY PORTION OF THE SOFTWARE; OR RENT, LEASE, DISTRIBUTE,
SELL, OR CREATE DERIVATIVE WORKS OF THE SOFTWARE. Customer agrees that aspects of the
licensed materials, including the specific design and structure of individual programs, constitute trade secrets
and/or copyrighted material of Protium. Customer agrees not to disclose, provide, or otherwise make available
such trade secrets or copyrighted material in any form to any third party without the prior written consent of
Protium. Customer agrees to implement reasonable security measures to protect such trade secrets and
copyrighted material. Title to Software and documentation shall remain solely with Protium.
LIMITED WARRANTY. Protium warrants that for a period of sixty (60) days from the date of shipment from
Protium: (i) the media on which the Software is furnished will be free of defects in materials and workmanship
under normal use; and (ii) the Software substantially conforms to its published specifications. Except for the
foregoing, the Software is provided AS IS. This limited warranty extends only to Customer as the original
licensee. Customer's exclusive remedy and the entire liability of Protium and its suppliers under this limited
warranty will be, at Protium’s option, repair, replacement, or refund of the Software if reported (or, upon request,
returned) to the party supplying the Software to Customer. In no event does Protium warrant that the Software is
error free or that Customer will be able to operate the Software without problems or interruptions.
This warranty does not apply if the software (a) has been altered, except by Protium, (b) has not been installed,
operated, repaired, or maintained in accordance with instructions supplied by Protium, (c) has been subjected to
abnormal physical or electrical stress, misuse, negligence, or accident, or (d) is used in hazardous activities.
DISCLAIMER. EXCEPT AS SPECIFIED IN THIS WARRANTY, ALL EXPRESS OR IMPLIED
CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY
IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE,
ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. IN NO EVENT WILL
PROTIUM OR ITS SUPPLIERS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR
SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER