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End-User License Agreement for Beijer Electronics, Inc. Software

Important! Read Carefully: By clicking the acceptance button or installing the software, you are consenting to be bound by and are becoming a party to this end-user license agreement. This end-user license agreement (EULA) is a legal agreement between you (either an individual or a single entity) and Beijer Electronics for the Qlarity Foundry software accompanying this EULA, which includes computer software, sample objects and may include associated media, printed materials and "on-line" or electronic documentation ("software product" or "software"). The software is copyright and licensed (not sold). If you do not agree to all of the terms of this EULA, click the button that indicates you do not accept the terms and do not install the software. If you do not agree to the terms of this EULA, you may not use the software product.

Software Product License

The Software Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

  1. Grant of License

    This EULA grants you the following rights:

    Installation and Use. You may install and use an unlimited number of copies of the Software Product to generate software code (object code) for use on Beijer Electronics, Inc. hardware products. The Software Product may not be used to generate object code for use on third party hardware without written consent from Beijer Electronics, Inc..

    Reproduction and Distribution. You may reproduce and distribute without charge an unlimited number of copies of the Software Product; provided that each copy shall be a true and complete copy, including all copyright and trademark notices, and shall be accompanied by a copy of this EULA. Copies of the Software Product may not be distributed for profit either on a standalone basis or included as part of your own product.

    Object Library. You may modify the sample objects in the object library for your own purposes. We encourage you to upload your modified objects to our website for distribution to others, subject to the Terms of Service posted on the website.

  2. Description of other rights and limitations.

    Limitations on Reverse Engineering, Decompilation, and Disassembly. Except for the modification rights granted with respect to the object library, you may not reverse engineer, decompile, or disassemble the Software Product.

    Restrictions on Alteration. Except for the modification rights granted with respect to the object library, you may not rename, edit or create any derivative works from the Software Product.

    Software Transfer. You may permanently transfer all of your rights under this EULA, provided the recipient agrees to the terms of this EULA.

    Termination. Without prejudice to any other rights, Beijer Electronics, Inc. may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Software Product and all of its component parts.

  3. Copyright

    All title and copyrights in and to the Software Product (including but not limited to any images, text, and "applets" incorporated into the Software Product and the object library), the accompanying printed materials, and any copies of the Software Product are owned by Beijer Electronics, Inc. or its suppliers. The Software Product is protected by copyright laws and international treaty provisions. The Software Product is not open source software. Therefore, you must treat the Software Product like any other copyrighted material.

  4. U.S. Government Restricted Rights

    The Software Product and documenta-tion 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. The manufacturer is Beijer Electronics, Inc., 1865 West 2100 South, Salt Lake City, Utah 84119.

  5. No Warranties

    Beijer Electronics, Inc. expressly disclaims any warranty for the Software Product. Beijer Electronics, Inc. does not warrant that the Software Product is error free. The Software Product and any related documentation is provided "as is" with all faults, without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, or noninfringement. No rights or remedies referred to in article 2a of the ucc will be conferred on you unless expressly granted herein. The entire risk arising out of use or performance of the Software Product remains with you.

  6. No Liability For Consequential Damages

    In no event shall Beijer Electronics, Inc. or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this Software Product, even if Beijer Electronics, Inc. has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

  7. Accuracy of Programming

    You are solely responsible for the accuracy of any object code created with the Software Product, including the correspondence of graphic symbols to terminal buttons and the accuracy of functions and command strings programmed into programmable buttons. Programming often results in unintended errors; these errors may cause unanticipated results.

    The systems on which the object code will operate are not designed to be deterministic real-time systems, and your programming and overall project design must recognize that the system is not designed to always respond in absolute real time. The object code created with the Software Product is not designed, intended, or authorized for use in any type of system or application in which the failure of the object code could create a situation where personal injury or death may occur (e.G., Medical systems, life sustaining or life saving systems). Until you have confirmed that your programming works exactly as intended in all situations, extreme caution must be used in using the terminal in any potentially hazardous situation, such as the control of machinery. Beijer Electronics disclaims all liability arising from object code created with the Software Product, including liability arising from inappropriate use of the object code and the system in which it operates for real-time control. If you use the object code for any such unintended or unauthor-ized use, you shall indemnify and hold Beijer Electronics, Inc. and its officers, subsidiaries and affiliates harmless against all claims, costs, damages, and expenses, and reasonable attorney fees arising out of, directly or indirectly, any claim of product liability, personal injury or death associated with such unintended or unauthorized use, even if such claim alleges that Beijer Electronics, Inc. was negligent regarding the design of the Software Product.

  8. Miscellaneous

    This EULA is governed by the laws of the State of Utah.

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