BY CLICKING ON THE "ACCEPT" BUTTON, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "DO NOT ACCEPT" BUTTON AND THE INSTALLATION PROCESS WILL NOT CONTINUE.
1. GRANT OF LICENSE. mBED Software, Inc., San Francisco, California ("mBED") grants you a non-exclusive license to use this mBED Plug-In software (the "Software") free of charge. You are authorized to make copies of the Software for archival purposes and to make copies for the use of other persons or entities ("Persons"), provided that each copy made must contain all of the original Software's proprietary notices including a complete reiteration of this End User License Agreement which the Person to whom a copy is transferred must read and agree to accept. This license does not entitle you to hard-copy documentation, support or telephone assistance. All rights not expressly granted are reserved to mBED.
2. RESTRICTIONS. YOU MAY NOT:
A. Decompile or disassemble the Software or in any manner reverse engineer the Software or back develop algorithms for the Software for any purpose whatsoever.
B. Remove any proprietary notices from the Software.
C. Prepare modifications or adaptations of the Software or create derivative works based on the Software.
D. Lease, sell, license, distribute or otherwise transfer interests in the Software.
E. Bundle or otherwise combine the Software with any other software or product for any purpose.
F. Copy or permit copying of the Software, except for the purposes permitted herein.
3. DISCLAIMER OF WARRANTY. THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS. mBED EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SOFTWARE, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE QUALITY, FUNCTION AND PERFORMANCE OF THE SOFTWARE IS BORNE BY YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU AND NOT mBED OR ITS SUPPLIERS ASSUME THE ENTIRE COST OF THE SERVICE AND REPAIR. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.
4. TITLE. Title, ownership rights, and intellectual property rights in the Software shall remain exclusively in mBED. The Software is protected by copyright and other intellectual property laws and by international treaties.
5. TERMINATION. This license is effective until terminated. You may terminate this license at any time by destroying the Software and all copies thereof. This license will terminate automatically upon your failure to comply with the restrictions set forth above. Upon termination of this license, you agree to destroy the Software and all copies thereof.
6. MISCELLANEOUS. This Agreement represents the complete agreement between the parties pertaining to the subject matter hereof, and supersedes any and all written or oral agreements previously existing between the parties with respect to such subject matter. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by California law (except for conflict of law provisions). The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. If you have any questions regarding the nature and extent of the license granted hereby, please write to mBED Software, Inc., 185 Berry Street, Suite 3807, San Francisco, California 94107.
7. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT OR OTHERWISE, SHALL mBED OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOSS OF ANY CHARACTER INCLUDING WITHOUT LIMITATION, DAMAGES FOR COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER LOSSES THAT RESULT FROM THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF mBED or any mBED AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY THAT mBED'S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THAT THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
8. U.S. GOVERNMENT END USERS. The Software is a "commercial item", as that the term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation", as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1, users acquire the Software with only those rights set forth herein.
9. EXPORT CONTROLS. None of the Software or underlying information or technology may be downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By downloading or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are located in, under the control of, or a national or resident of any such country or on any such list.
