IMPORTANT - PLEASE, CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS OF THE LICENSE AGREEMENT TO DETERMINE WHETHER YOU AGREE TO BE BOUND BY ITS PROVISIONS.
THIS SOFTWARE PROGRAM (“XTension”) IS A PROPRIETARY PRODUCT OF SAND HILL ENGINEERING, INC. (“SAND HILL”) AND ITS SUPPLIERS AND IS PROTECTED BY COPYRIGHT LAWS, TRADE SECRET LAWS AND INTERNATIONAL TREATY. USE OF XTension IS GOVERNED BY THIS LICENSE AGREEMENT AND BY APPLICABLE LAW INCLUDING COPYRIGHT LAW.
THIS AGREEMENT IS A LEGAL CONTRACT BETWEEN THE USER OF XTension AND SAND HILL. INSTALLING THE SOFTWARE INDICATES THAT YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT.
IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, PROMPTLY RETURN THE COMPLETE HARDWARE AND SOFTWARE PACKAGE TO SAND HILL., OR THE PLACE WHERE YOU OBTAINED IT, FOR A FULL REFUND.
1. Grant of License. Sand Hill Engineering Inc. grants you a non-exclusive license for the use of XTension as follows.
(a) You must purchase a copy of XTension for every home automation bus interface that you employ. If you have multiple bus interface devices controlling or redundantly controlling your automation system, then you must purchase a copy of XTension for EACH bus interface device which is directly controlled by XTension. ( CP290 versions through version 1.7 are exempted )
(b) You may install XTension on multiple computers on your network for monitor or cooperative applications; or
(c) You may install XTension on a single computer which may be controlled by various remote control software utilities from multiple networked Macintoshes.
2. Copy Restrictions. Ownership of the legal rights contained in the Software and the associated documentation shall remain solely with Sand Hill, and its suppliers. These may include trade secret, trademark, copyright, patent, international treaty and other rights as applicable. You may not sublicense, rent, lease, decompile, disassemble, reverse engineer, create derivative works or otherwise distribute the Software. You may make an archival copy of the Software, provided that you reproduce all copyright and other proprietary notices that are on the original copy of the Software provided to you. You may not copy the written materials accompanying the Software. You may permanently transfer the complete Software and accompanying materials by delivering the original Software media and materials to a third party who accepts the terms and conditions of this Agreement, and by simultaneously destroying all copies of the Software and accompanying materials in your possession. Such a transfer terminates your license to use the Software.
3. Ownership. The Software is licensed, not sold, to you for use only under the terms of this Agreement, and Sand Hill reserves all rights not expressly granted to you. You own the media, if any, on which the Software is recorded or fixed, but Sand Hill retains ownership of all copies of the Software itself.
4. Termination. Without prejudice to any other rights, Sand Hill may terminate this Agreement if you fail to comply with the terms and conditions of this Agreement. You agree upon termination of this Agreement to promptly destroy Software together with all copies in any form.
5. Export Control. The Software may be subject to United States export control. You agree to fully comply with all applicable United States export regulations.
6. U.S. Government Restricted Rights. If you are purchasing the Software on behalf of the United States Government or any unit agency thereof, you acknowledge that the Software and documentation are provided with restricted rights. Use, duplication, or disclosure by the government is subject to restrictions as set forth in Subparagraph (c)(1)(ii) of the rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or Subparagraphs (c)(1) and (2) of the Commercial Computer Software Restricted Rights at 48 CFR 52.227-19, as applicable. Contractor/manufacturer is now Sand Hill Engineering Inc. , Box 517 Geneva, FL 32732.
LIMITED WARRANTY
7. Limited Warranty. Sand Hill warrants that the media on which the Software is recorded will be free of defects in materials and workmanship under normal use for 90 days after the date of original purchase. If a defect occurs during the 90-day period, you may return the product(s) to Sand Hill for free replacement. Sand Hill will replace the product(s) provided that you have previously returned the product registration card accompanying the Software to Sand Hill. Sand Hill does not warrant that the Software will meet your requirements, or that the operation of the Software will be uninterrupted or error-free.
8. Disclaimer of Warranties. THERE ARE NO OTHER WARRANTIES WITH RESPECT TO THE SOFTWARE OR ACCOMPANYING MATERIALS. SAND HILL DISCLAIMS ALL OTHER WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING FROM TRADE USAGE OR COURSE OF DEALING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SAND HILL, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS SHALL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES.
9. SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY IN CERTAIN STATES/JURISDICTIONS. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW OR NINETY (90) DAYS FROM THE DAY OF DELIVERY. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY BY STATE/JURISDICTION.
10. IN NO EVENT WILL SAND HILL BE LIABLE TO YOU FOR DAMAGES, WHETHER BASED ON CONTRACT, TORT, WARRANTY, OR OTHER LEGAL EQUITABLE GROUNDS, INCLUDING ANY LOSS OF PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OR INABILITY TO USE THE SOFTWARE, EVEN IF SAND HILL OR AN AUTHORIZED REPRESENTATIVE OF SAND HILL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
11. General. This Agreement will be governed by the laws of the State of Florida, without regard to or application of conflicts of law rules or principles. If any provision of this Agreement is held to be unenforceable, that provision will be removed and the remaining provisions will remain in full force. This Agreement is the complete and exclusive statement of the agreement between you and Sand Hill which supersedes any proposal or prior agreement, oral or written, and any other communications between us in relation to the subject matter of this Agreement. If you have any questions concerning this Agreement, you may contact Sand Hill Engineering, Inc. at Box 517 Geneva, FL 32732.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
THE SOFTWARE AND THE ACCOMPANYING USER DOCUMENTATION ARE PROTECTED BY UNITED STATES COPYRIGHT LAW AND INTERNATIONAL TREATY. UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS SUBJECT TO CIVIL AND CRIMINAL PENALTIES.
