LevelOne GEL-2460 Manual - Page 3

Levelone Software License Agreement

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LEVELONE SOFTWARE LICENSE AGREEMENT NOTICE: Please carefully read this Software License Agreement (hereinafter referred to as this "Agreement") before copying or using the accompanying software or installing the hardware unit with pre-enabled software or firmware (each of which is referred to as "Software" in this Agreement). BY COPYING OR USING THE SOFTWARE, YOU ACCEPT ALL OF THE PROVISIONS AND CONDITIONS OF THIS AGREEMENT. THE PROVISIONS EXPRESSED IN THIS AGREEMENT ARE THE ONLY PROVISION UNDER WHICH LEVELONE WILL PERMIT YOU TO USE THE SOFTWARE. If you do not accept these provisions and conditions, please immediately return the unused software, manual and the related product. Written approval is NOT a prerequisite to the validity or enforceability of this Agreement and no solicitation of any such written approval by or on behalf of LevelOne shall be deemed as an inference to the contrary. LICENSE GRANT. The end user (hereinafter referred to as "Licensee") of the Software is granted a personal, non-sublicensable, nonexclusive, nontransferable license by Digital Data Communications Corporation ("LevelOne"): (1) To use the LevelOne's software ("Software") in object code form solely on a single central processing unit owned or leased by Licensee or otherwise embedded in the equipment offered by LevelOne. (2) To copy the Software only for backup purposes in support of authorized use of the Software. (3) To use and copy the documentation related to the Software solely in support of authorized use of the Software by Licensee. The License applies to the Software only except other LevelOne's software or hardware products. Without the prior written consent of LevelOne, Licensee has no right to receive any source code or design documentation with respect to the Software. RESTRICTIONS ON USE; RESERVATION OF RIGHTS. The Software and related documentation are protected under copyright laws. LevelOne and/or its licensors retain all title and ownership in both the Software and its related documentation, including any revisions made by LevelOne. The copyright notice must be reproduced and included with any copy of any portion of the Software or related documentation. Except as expressly authorized above, Licensee shall not copy or transfer the Software or related documentation, in whole or in part. Licensee also shall not modify, translate, decompile, disassemble, use for any competitive analysis, reverse compile or reverse assemble all or any portion of the Software, related documentation or any copy. The Software and related documentation embody LevelOne's confidential and proprietary intellectual property. Licensee is not allowed to disclose the Software, or any information about the operation, design, performance or implementation of the Software and related documentation that is confidential to LevelOne to any third party. Software and related documentation may be delivered to you subject to export authorization required by governments of Taiwan and other countries. You agree that you will not export or re-export any Software or related documentation without the proper export licenses required by the governments of affected countries. LIMITED SOFTWARE WARRANTY. LevelOne warrants that any media on which the Software is recorded will be free from defects in materials under normal use for a period of twelve (12) months from date of shipment. If a defect in any such media should occur during the effective warranty period, the media may be returned to LevelOne, then LevelOne will replace the media. LevelOne shall not be responsible for the replacement of media if the failure of the media results from accident, abuse or misapplication of the media. EXCLUSIONS. The warranty as mentioned above does not apply to the Software, which (1) customer does not comply with the manual instructions offered by LevelOne in installation, operation, or maintenance, (2) Product fails due to damage from unusual external or electrical stress, shipment, storage, accident, abuse or misuse, (3) Product is used in an extra hazardous environment or activities, (4) any serial number on the Product has been removed or 3

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3
LEVELONE SOFTWARE LICENSE AGREEMENT
NOTICE: Please carefully read this Software License Agreement (hereinafter referred to as this “Agreement”) before
copying or using the accompanying software or installing the hardware unit with pre-enabled software or firmware
(each of which is referred to as “Software” in this Agreement).
BY COPYING OR USING THE SOFTWARE, YOU
ACCEPT ALL OF THE PROVISIONS AND CONDITIONS OF THIS AGREEMENT. THE PROVISIONS EXPRESSED
IN THIS AGREEMENT ARE THE ONLY PROVISION UNDER WHICH LEVELONE WILL PERMIT YOU TO USE THE
SOFTWARE. If you do not accept these provisions and conditions, please immediately return the unused software,
manual and the related product.
Written approval is NOT
a prerequisite to the validity or enforceability of this
Agreement and no solicitation of any such written approval by or on behalf of LevelOne shall be deemed as an
inference to the contrary.
LICENSE GRANT.
The end user (hereinafter referred to as “Licensee”) of the Software is granted a personal,
non-
sublicensable, nonexclusive, nontransferable license by Digital Data Communications Corporation (“LevelOne”):
(1) To use the LevelOne’s software (“Software”) in object code form solely on a single central
processing unit owned or
leased by Licensee or otherwise embedded in the equipment offered by LevelOne. (2) To copy the Software only for
backup purposes in support of authorized use of the Software. (3) To use and copy the documentation related to the
Software solely in support of authorized use of the Software by Licensee. The License applies to the Software only
except other LevelOne’s software or hardware products. Without the prior written consent of LevelOne, Licensee has
no right to receive any source code or design documentation with respect to the Software.
RESTRICTIONS ON USE; RESERVATION OF RIGHTS.
The Software and related documentation are protected
under copyright laws. LevelOne and/or its licensors retain all title and ownership in both the Software and its related
documentation, including any revisions made by LevelOne. The copyright notice must be reproduced and included
with any copy of any portion of the Software or related documentation. Except as expressly authorized above,
Licensee shall not copy or transfer the Software or related documentation, in whole or in part.
Licensee also shall not
modify, translate, decompile, disassemble, use for any competitive analysis, reverse compile or reverse assemble all
or any portion of the Software, related documentation or any copy. The Software and related documentation embody
LevelOne’s confidential and proprietary intellectual property.
Licensee is not allowed to disclose the Software, or any
information about the operation, design, performance or implementation of the Software and related documentation
that is confidential to LevelOne to any third party. Software and related documentation may be delivered to you subject
to export authorization required by governments of Taiwan and other countries. You agree that you will not export or
re-export any Software or related documentation without the proper export licenses required by the
governments of affected countries.
LIMITED SOFTWARE WARRANTY.
LevelOne warrants that any media on which the Software is recorded will be
free from defects in materials under normal use for a period of twelve (12) months from date of shipment. If a defect in
any such media should occur during the effective warranty period, the media may be returned to LevelOne, then
LevelOne will replace the media.
LevelOne shall not be responsible for the replacement of media if the failure of the
media results from accident, abuse or misapplication of the media.
EXCLUSIONS.
The warranty as mentioned above does not apply to the Software, which (1) customer does not
comply with the manual instructions offered by LevelOne in installation, operation, or maintenance, (2) Product fails
due to damage from unusual external or electrical stress, shipment, storage, accident, abuse or misuse, (3) Product is
used in an extra hazardous environment or activities, (4) any serial number on the Product has been removed or