Privaris LFLR1-01 ENTRY KEYFOB User Manual PRIVARIS LICENSING AGREEMENT

Privaris Inc. ENTRY KEYFOB PRIVARIS LICENSING AGREEMENT

Contents

WARNING STATEMENTS

PRIVARIS LICENSING AGREEMENT
READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE OPENING THIS
PACKAGE. THE SOFTWARE APPLICATIONS AND THE ACCOMPANYING USER DOCUMENTATION CONTAINED IN THIS
PACKAGE ARE COPYRIGHTED AND ARE LICENSED (NOT SOLD) TO YOU IN ACCORDANCE WITH THE TERMS OF THIS
AGREEMENT. BY OPENING THIS PACKAGE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO
NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, THEN YOU MUST PROMPTLY RETURN THIS PACKAGE,
IN UNOPENED FORM, AND YOU WILL RECEIVE A REFUND OF YOUR MONEY.
1. Generally. This Agreement represents the entire agreement between you, the end user (either in your individual capacity or as an authorized agent of an otherwise
legally-recognized organization), and Privaris, Inc. (“Licensor”) relating to the software that is pre-installed on the hardware product(s) (“Hardware”) enclosed within this
package, as well as all documentation related thereto (collectively, the “Software”). This Agreement supersedes any prior proposal, representation, or understanding between
you and Licensor related to the Software. This is a legally-binding agreement and governs the conditions under which you and/or your organization may use the Software.
2. Term. This Agreement is effective on your opening of this package and shall continue until terminated as set forth in this Agreement. You may terminate this
Agreement at any time by returning the Hardware and all copies of the Software to Licensor. Licensor may terminate this Agreement on the breach by you of any term of this
Agreement, including without limitation your failure to pay any applicable fees described in this Agreement. On any such termination, you shall return to Licensor the Hardware
and all copies of the Software.
3. Grant of Licenses. Licensor grants you the personal, nontransferable, nonsublicensable and nonexclusive right and license to execute the Software (in its
executable, object-code form only) on the Hardware for the sole purpose of serving your personal needs or the internal needs of your business. You shall not assign,
sublicense, transfer, pledge, lease, rent, or share your rights under this Agreement, whether by contract, operation or law or otherwise. Any use, copying, or distribution of the
Software not expressly authorized by this Agreement shall automatically terminate your right and license hereunder. This grant shall be limited to use of the Software with the
Hardware in accordance with the terms of this Agreement.
4. Trade Secret Protection. The Software contains substantial trade secrets of Licensor, and you shall employ reasonable security precautions to maintain the
confidentiality of such trade secrets. You shall not "unlock," decompile, or reverse-assemble the binary or object code portions or versions of the Software, as the terms are
generally used in the computer industry.
5. Fees. The fees for the use of the Software in accordance with this Agreement consist of the initial license fee that is incorporated as part of the purchase price of
the Hardware purchased by you from Licensor, its authorized resellers or its authorized licensees. The dollar amount of such fees and the terms of payment are specified in
the product invoice separately furnished to you. You shall pay such fees to Licensor in accordance with the terms of such product invoice.
6. Limited Warranty. Licensor warrants that the Software will, for a period of one (1) year following its delivery to you, be in good working order and will conform in all
material respects to Licensor's published specifications. Licensor does not warrant that the operation of the Software will be uninterrupted or error-free, or that the functionality
of the Software will meet your individualized requirements. The foregoing warranty does not cover repair for damages, malfunctions, or service failures caused by (1) actions
of any non-Licensor personnel, your failure to follow Licensor's installation, operation, or maintenance instructions, (3) attachment to or incorporation in the Software of non-
Licensor products not supported or otherwise authorized by Licensor, or (4) or any factor beyond Licensor's control, including fire, explosion, lightning, pest damage, power
surges or failures, strikes or labor disputes, water, acts of God, the elements, war, terrorism, civil disturbances, acts of civil or military authorities or the public enemy,
transportation facilities, fuel or energy shortages, or acts or omissions of communications carriers. EXCEPT FOR THE WARRANTIES SET FORTH IN THIS SECTION 6, THE
SOFTWARE IS LICENSED "AS IS," AND LICENSOR DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR INTERFERENCE WITH
YOUR ENJOYMENT OF THE SOFTWARE OR OF NON-INFRINGEMENT. YOUR SOLE REMEDY AGAINST LICENSOR, ITS AFFILIATES, SUBCONTRACTORS, AND
REPRESENTATIVES FOR LOSS OR DAMAGE CAUSED BY ANY FAILURE OF THE SOFTWARE TO OPERATE IN CONFORMITY WITH THIS WARRANTY,
REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL BE (1) THE
REPAIR OR REPLACEMENT OF THE SOFTWARE, PROVIDED THAT SUCH SOFTWARE IS RETURNED IN ACCORDANCE WITH THE CONDITIONS PROVIDED
HEREIN OR (2) IF SUCH REPAIR CANNOT BE MADE OR AN EQUIVALENT REPLACEMENT CANNOT BE PROVIDED, THE REFUND OF AMOUNTS PREVIOUSLY
PAID BY YOU BETWEEN DISCOVERY OF THE FAILURE OF THE SOFTWARE TO OPERATE IN CONFORMITY WITH THIS WARRANTY AND THE RETURN OF THE
SOFTWARE AS REQUIRED BY THIS AGREEMENT.
7. Limitations on Liability. IN NO EVENT SHALL LICENSOR BE LIABLE FOR INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR FOR
LOST PROFITS, SAVINGS, OR REVENUES OF ANY KIND, OR FOR LOST DATA OR DOWNTIME, REGARDLESS OF WHETHER LICENSOR HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. THE CUMULATIVE LIABILITY OF LICENSOR TO YOUR ORGANIZATION FOR ALL CLAIMS RELATING TO THE SOFTWARE
OR THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY, OR
OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNT OF ALL FEES PAID TO LICENSOR HEREUNDER.
8. Miscellaneous. The provisions of Sections 4, 6, 7 and this Section 8 shall continue to apply in accordance with their terms, notwithstanding the termination of this
Agreement. References to "your organization" or "you" herein, for purposes of establishing the permitted use of the Software, shall include the operations of any direct or
indirect parent or subsidiary company or of any direct or indirect subsidiary company of any such parent company. This Agreement and the rights and obligations of the
parties with respect to the Software shall be governed by Virginia law, as it applies to a contract negotiated, executed, and performed in that state and without giving effect to
principles of conflicts of law. Any legal action or proceeding arising under this Agreement shall only be initiated in the courts of the Commonwealth of Virginia. Execution and
delivery of this Agreement by the parties indicates their intent to submit their disputes, their persons and their property, generally and unconditionally, to the jurisdiction of such
courts. Venue shall be proper in any such court. If any action is brought by either party to this Agreement against the other party regarding the subject matter of this
Agreement, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorney fees and expenses of litigation.
This device complies with part 15 of the FCC Rules. Operation is subject to the following two conditions: (1) This device may not cause harmful
interference, and (2) this device must accept any interference received, including interference that may cause undesired operation.
Part 15.21
Changes or modifications not expressly approved by the party responsible for compliance could void the user’s authority to operate the equipment.
NOTE: The manufacturer is not responsible for any radio or TV interference caused by unauthorized modifications to this equipment. Such
modifications could void the user’s authority to operate the equipment.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THIS AGREEMENT AND THAT BY
OPENING THIS PACKAGE, YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

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