Everyware Software Framework
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High Performance Embedded Computing
Environmental Monitoring Systems
Multi-service IoT Edge Gateways
IoT Edge Framework
IoT Edge Management Platform
Everyware Software Framework
Everyware Software Framework V. 3.0.0
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Reliagate 50-21 Installer without Networking Support (ESF v3.0.0)
Reliagate 50-21 Installer (ESF v3.0.0)
Reliagate 15-10 Installer without Networking Support (ESF v3.0.0)
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Reliagate 10-20 Installer without Networking Support (ESF v3.0.0)
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Mini Gateway Installer without Networking Support (ESF v3.0.0)
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End User License Agreement ESF
EUROTECH END USER LICENSE AGREEMENT
This End User License Agreement ("EULA") is entered into by and between the customer ("Licensee"), either an individual or a company or organization, and Eurotech S.p.A., an Italian joint stock company, with registered office in Amaro, Via Fratelli Solari 3/a, Udine, Italy, ("Eurotech" or "Licensor").
Please read this EULA carefully before downloading or using the software accompanying this license. By selecting the "Accept EULA" button or by downloading or using the software, as applicable, you are agreeing to be bound by all terms and conditions of this EULA. If you are not willing to be bound by the terms of this EULA, do not select the "Accept EULA" button or download or use the software.
Now, therefore, in consideration of the premises and the mutual covenants contained herein, Eurotech and Licensee agree as follows:
1. Eurotech Software License
1.1. License Terminology
"Software" refers to Eurotech's Everyware Software Framework (ESF), in object code form.
1.2. License Grant
Subject to the terms and conditions set forth in this EULA, Eurotech hereby grants to Licensee, and Licensee accepts from Eurotech, a non-exclusive, non-transferable, limited, revocable, free of charge license for non-professional use of the Software during the term of this EULA in accordance with the uses authorized under section 1.3 "License Use" and the limitations listed in section 1.4 "License Restrictions" and in section 1.5 "Export Controls".
1.3. License Use
a) Licensee agrees to use the Software only for the non-professional purpose of developing, testing, prototyping or demonstrating ("License Use"). b) Licensee agrees to use the Software in compliance with all applicable laws, including local laws of the country or region in which Licensee resides or in which Licensee downloads or uses the Software. c) Licensee may reproduce the Licensed Materials solely for personal, non- professional License Use, provided that all titles, trademarks, trade names, copyright notices, and other proprietary notices of Licensor are retained by Eurotech. d) In addition to the copy made to proceed to installation under this Section, Licensee may make one copy of the Software solely for backup and archival purposes, provided that Licensee must reproduce and include the copyright and trademark notices and any other notices that appear on the original Software.
1.4. License Restrictions
1.5. Export Controls
Export laws and regulations of the United States and any other relevant local export laws and regulations apply to the Software . Licensee agrees that such export control laws govern the use of the Software (including technical data), and agrees to comply with all such export laws and regulations (including "deemed export" and "deemed re- export" regulations). Licensee agrees that no data, information, program and/or materials resulting from the usage of the Software (or direct products thereof) will be exported, directly or indirectly, in violation of these laws, or will be used for any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation, or development of missile technology. Accordingly, Licensee agrees the following: a) Licensee will not download, provide, make available or otherwise export or re- export the Software, directly or indirectly, to countries prohibited by applicable laws and regulations nor to citizens, nationals or residents of those countries. b) Licensee is not listed on the United States Department of Treasury lists of Specially Designated Nationals and Blocked Persons, Specially Designated Terrorists, and Specially Designated Narcotic Traffickers, nor is listed on the United States Department of Commerce Table of Denial Orders. c) Licensee will not download or otherwise export or re-export the Software, directly or indirectly, to persons on the above mentioned lists. d) Licensee will not use the Software for, and will not allow the Programs to be used for, any purposes prohibited by applicable law, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction. s of mass destruction.
2. Proprietary Rights
Eurotech (or its licensors, as the case may be) shall retain all ownership and intellectual property rights, title and interest, including all patent rights, trade secrets, copyrights and trademarks, in and to the Software and all derivative works and reserves all title and rights not expressly granted to Licensee herein. The Licensee is not entitled to modify or remove any copyright notices, labels and/or version numbers or other marks of Eurotech from the Software.
Licensee may terminate this EULA by destroying all copies of the Software. This EULA shall automatically terminate without notice if Licensee fails to comply with any of the terms of this EULA, in which case Licensee shall promptly destroy all copies of the Software. Termination is not an exclusive remedy, and all other remedies will be available whether or not this EULA is terminated. The following provisions of this EULA shall survive its termination: section 2, 4, 5.
Eurotech reserves the right to conduct audits or verifications in order to determine whether Licensee's use of the Software is compliant with this agreement.
4. Warranty and Disclaimers
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE LICENSED "AS IS" AND WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AS BETTER SPECIFIED IN ARTICLE 4.2 BELOW.. EUROTECH DOES NOT REPRESENT OR WARRANT THAT ERRORS IN THE SOFTWARE WILL RUN ERROR-FREE.
LICENSEE EXPRESSLY ACKNOWLEDGES AND AGREES THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ITS USE OF THE SOFTWARE AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THE SOFTWARE IS AT ITS SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH LICENSEE. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND SERVICES ARE PROVIDED "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND EUROTECH AND EUROTECH'S LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. LICENSEE MAY HAVE OTHER STATUTORY RIGHTS; HOWEVER, TO THE FULLEST EXTENT PERMITTED BY LAW, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERMISSIBLE DURATION. MOREOVER, IN NO EVENT WILL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE. EUROTECH AND ITS LICENSORS DO NOT WARRANT AGAINST INTERFERENCE WITH LICENSEE ENJOYMENT OF THE SOFTWARE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE SOFTWARE WILL MEET LICENSEE REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICE WILL CONTINUE TO BE MADE AVAILABLE, THAT DEFECTS IN THE SOFTWARE OR SERVICES WILL BE CORRECTED, OR THAT THE SOFTWARE WILL BE COMPATIBLE OR WORK WITH ANY THIRD-PARTY SOFTWARE, APPLICATIONS OR THIRD-PARTY SERVICES. EUROTECH MOREOVER WARNS THAT INSTALLATION OF THIS SOFTWARE MAY AFFECT THE AVAILABILITY AND USABILITY OF THIRD-PARTY SOFTWARE, APPLICATIONS OR THIRD-PARTY SERVICES, AS WELL AS EUROTECH PRODUCTS AND SERVICES. LICENSEE FURTHER ACKNOWLEDGES THAT THE SOFTWARE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OF THE SOFTWARE ITSELF OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN THE CONTENT WHEREOF, OR ANY DATA OR INFORMATION PROVIDED BY THE SOFTWARE OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EUROTECH OR A EUROTECH AUTHORIZED REPRESENTATIVE SHALL CREATE, MODIFY, EXTEND OR ADD TO ANY WARRANTY OR MODIFY ANY WARRANTY DISCLAIMERS.
4.3. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EUROTECH, ITS AFFILIATES, AGENTS, PRINCIPALS, OR LICENSORS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA (INCLUDING WITHOUT LIMITATION COURSE INSTRUCTIONS, ASSIGNMENTS AND MATERIALS), BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO LICENSEE'S USE OR INABILITY TO USE THE SOFTWARE OR ANY THIRD -PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF EUROTECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF SUCH DAMAGES WERE FORESEEABLE. IN NO EVENT SHALL THE TOTAL LIABILITY OF EUROTECH OR EUROTECH'S LICENSORS TO LICENSEE FOR ALL SUCH DAMAGES EXCEED THE AMOUTN OF USD 10.. The foregoing limitations will apply even if the above-stated remedy fails of its essential purpose.
5. Governing Law and Jurisdiction
a) Unless otherwise provided, the present EULA is governed by the Laws of Italy, with the exclusion of the Vienna Convention on the International Sale of Goods and of the Laws of conflicts. b) In case of a dispute caused by or raised in relation to this EULA, the controversy shall be submitted exclusively to the competent Court where Eurotech has its registered office. c) Notwithstanding the above mentioned provisions, if Eurotech is involved in a controversy by a third party initiative, it will be entitled to take the Licensee in front of the proceeding judge, and to apply the Laws in force in the country where the controversy is pending. Notwithstanding the above mentioned provisions, the Eurotech is always entitled to start the procedure in front the Licensee's competent court, and ask the Licensee's country Laws in force to be applied.
Unless Eurotech's support regarding the Software, if any, is expressly included in a separate, current support agreement between Licensee and Eurotech, Eurotech's technical support organization will not provide any technical support, phone support, or updates for the Software provided under this EULA.
7. Final Provisions
a) Nothing contained in this EULA shall be construed to limit Eurotech's rights to modify the Software. b) Eurotech is an independent contractor and is is understood that no partnership, joint venture or agency relation exists with the Licensee.
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End User License Agreement ESF
EUROTECH ESF SOFTWARE END USER LICENSE AGREEMENT ("EULA")
Eurotech Everyware TM Software Framework v6.x
This Software Evaluation End User License Agreement ("EULA") of Everyware Software Framework v6.x is embedded in each single hardware device ("the Software Product") and accompanying documentation is licensed and not sold. This Software Product is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. This Software Evaluation End User License Agreement ("EULA")
Eurotech SpA or its subsidiaries, affiliates, and suppliers ("EUROTECH" or "Licensor") own intellectual property rights in the Software Product. The Licensee's ("you" or "your") license to download, use, copy, or change the Software Product is subject to these rights and to all the terms and conditions of this EULA. Please read this EULA carefully before downloading or using the software accompanying this license. By downloading or using the software you are agreeing to be bound by all terms and conditions of this EULA. If you are not willing to be bound by the terms of this EULA, do not download or use the software. If you are accessing the software or services electronically, signify your agreement to be bound by the terms of this license by clicking the "AGREE/ACCEPT" button. If you do not agree to the terms of this license, click "DISAGREE/DECLINE".
Now, therefore, in consideration of the premises and the mutual covenants contained herein, Eurotech and Licensee agree as follows:
1.1. "Program" is defined as the following items, including the original and all whole or partial copies: 1) machine-readable instructions and data, 2) components, 3) audio-visual content (such as images, text, recordings, or pictures), 4) related licensed materials, and 5) license use documents or keys, and (6) documentation.
1.2. "You" and "Your" refer either to an individual person or to a single legal entity.
1.3. This EULA is the complete agreement between You and Licensor regarding the use of the Program. It replaces any prior oral or written communications between You and Licensor concerning Your use of the Program. Any terms and conditions of a purchase order or other document issued by You in connection with the order of the Product shall be superseded by the terms and conditions of this Agreement.
2. Eurotech Software License
2.1. License Terminology
"Software" also refers to Eurotech's Everyware TM Software Framework (ESF), Version 6.x, in object code format.
2.2. Commercial License Grant
This EULA entitles you to a worldwide, non-exclusive, non-revocable, non-transferable (except as otherwise provided herein) license to the Software Product, for you and your affiliates' ordinary course business use.For clarity and the avoidance of doubt, each device bears an embedded, single license to the Software Product. This EULA does not permit the installation or use of multiple copies of the Software Product, or the installation of the Software Product on more than one computer at any given time, on a system that allows shared used of applications, on a multi-user network, or on any configuration or system of computers that allows multiple users. Multiple copy uses or installation is only allowed if you obtain an appropriate licensing agreement for each user and each copy of the Software Product.
2.3. Restrictions on Transfer
Without first obtaining the express written consent of Eurotech, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Software Product.
2.4. Restrictions on Commercial Use
You may not use, copy, or install the Software Product on any system with more than one computer, or permit the use, copying, or installation of the Software Product by more than one user or on more than one computer. If you hold multiple, validly licensed copies, you may not use, copy, or install the Software Product on any system with more than the number of computers permitted by license, or permit the use, copying, or installation by more users, or on more computers than the number permitted by license. You may not decompile, "reverse-engineer", disassemble, or otherwise attempt to derive the source code for the Software Product.
2.5. Development License Grant
Licensor grants you a multi-user license to use the Software Product for internal testing and development purposes. You may use multiple copies of the Software Proudct and you may install the Software Product on a system that allows shared use of applications, or on a system of computers that allows multiple users, provided that such use is limited to internal testing and development only.
2.6. Restrictions on Alteration
You may not modify the Software Product or create any derivative work of the Software Product or its accompanying documentation. Derivative works include but are not limited to translations. You may not alter any files or libraries in any portion of the Software Product.
2.7. Restrictions on Copying
You may not copy any part of the Software Product except to the extent that licensed use inherently demands the creation of a temporary copy stored in computer memory and not permanently affixed on storage medium. You may make one archival copy which must be stored on a medium other than a computer hard drive.
2.8. Export Controls
Export laws and regulations of the United States and any other relevant local export laws and regulations apply to the Software. Licensee agrees that such export control laws govern the use of the Software (including technical data) and agrees to comply with all such export laws and regulations (including "deemed export" and "deemed re-export" regulations). Licensee agrees that no data, information, program and/or materials resulting from the usage of the Software (or direct products thereof) will be exported, directly or indirectly, in violation of these laws, or will be used for any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation, or development of missile technology. Accordingly, Licensee agrees the following:
a) Licensee will not download, provide, make available or otherwise export or re-export the Software, directly or indirectly, to countries prohibited by applicable laws and regulations nor to citizens, nationals or residents of those countries.
b) Licensee is not listed on the United States Department of Treasury lists of Specially Designated Nationals and Blocked Persons, Specially Designated Terrorists, and Specially Designated Narcotic Traffickers, nor is listed on the United States Department of Commerce Table of Denial Orders.
c) Licensee will not download or otherwise export or re-export the Software, directly or indirectly, to persons on the above-mentioned lists.
Licensee will not use the Software for and will not allow the Programs to be used for, any purposes prohibited by applicable law, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction.
3. Warranty and Disclaimers
3.1. Software Warranty
Eurotech warrants that for a period of twelve (12) months (the "Software Warranty Period") the Software Product shall perform substantially in accordance with the specifications contained in the applicable specifications and documentation (the "Software Warranty")
3.2. Disclaimer of Warranties and Limitation of Liability
UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY EUROTECH, EUROTECH MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS EULA OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT.
EUROTECH MAKES NO WARRANTY THAT THE SOFTWARE PRODUCT WILL MEET YOUR REQUIREMENTS OR OPERATE UNDER YOUR SPECIFIC CONDITIONS OF USE. EUROTECH MAKES NO WARRANTY THAT OPERATION OF THE SOFTWARE PRODUCT WILL BE SECURE, ERROR FREE, OR FREE FROM INTERRUPTION. YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. EUROTECH WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE.
UNDER NO CIRCUMSTANCES SHALL EUROTECH, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF EUROTECH OR ANY OTHER PARTY, EVEN IF EUROTECH IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS EUROTECH'S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
3.3. Limitation of Remedies and Damages
Your remedy for a breach of this EULA or of any warranty included in this EULA is the correction or replacement of the Software Product. Selection of whether to correct or replace shall be solely at the discretion of EUROTECH. EUROTECH reserves the right to substitute a functionally equivalent copy of the Software Product as a replacement. If EUROTECH is unable to provide a replacement or substitute Software Product or corrections to the Software Product, your sole alternate remedy shall be a refund of the purchase price for the Software Product exclusive of any costs for shipping and handling. Any claim must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by EUROTECH to have been caused by you. All limited warranties on the Software Product are granted only to you and are non-transferable. You agree to indemnify and hold EUROTECH harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this EULA and/or acts or omissions.
4. Governing Law, Jurisdiction and Costs
a. Unless otherwise provided, the present EULA is governed by the Laws of Italy, with the exclusion of the Vienna Convention on the International Sale of Goods and of the Laws of conflicts.
b. In case of a dispute caused by or raised in relation to this EULA, the controversy shall be submitted exclusively to the competent Court where Eurotech has its registered office.
c. Notwithstanding the above-mentioned provisions, if Eurotech is involved in a controversy by a third-party initiative, it will be entitled to take the Licensee in front of the proceeding judge, and to apply the Laws in force in the country where the controversy is pending. Notwithstanding the above-mentioned provisions, the Eurotech is always entitled to start the procedure in front the Licensee's competent court and ask the Licensee's country Laws in force to be applied.
If any provision of this EULA shall be held to be invalid or unenforceable, the remainder of this EULA shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.
6. Intellectual Property
Except to the extent otherwise mandated by applicable law, Licensee will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas or algorithms of the Product or any technology related to the Product ("Technology", including any user documentation); modify, translate, or create derivative works based on the Product or Technology; or copy (except for archival purposes), rent, lease, distribute, pledge, assign, or otherwise transfer or encumber rights to the Product or Technology; use the Product for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels with respect to the Product. Except to the extent otherwise mandated by applicable law, Licensee will not divulge the Technology to any third party and User will not use the Product or Technology or access to them in order to (A) build a competitive product or services, (B) build a product or service using similar ideas, features, functions or graphics of the Product or (C) copy any ideas, features, functions or graphics of the Product. EUROTECH retains all rights in the Product and Technology. Licensee shall NOT sell, lease, share, transfer, or sublicense the Product or access or derive income from the use or provision of the Product, whether for direct commercial or monetary gain or otherwise, unless You are licensed as a reseller or the EUROTECH gives prior, express, written permission.
7. Software Updates
The Product from EUROTECH may automatically download and install updates from time to time. These updates are designed to improve, enhance and further develop the Product Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit EUROTECH to deliver these to you) as part of your use of the Product Services. You acknowledge and agree that while EUROTECH may or may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Product Services or on the amount of storage space used for the provision of any Product Service, such fixed upper limits may be set by EUROTECH at any time, at EUROTECH's discretion.
8.1. First Year Support from Date of Purchase (DOP)
- Included in the Software Warranty
- Applies to any software release of Everyware Software Framework (ESF)
- Duration: This is the 1-year standard support period starting from DOP.
- Renewable: NO. Customer can optionally purchase an Eurotech Support Program.
8.2. Standard Support Subscription Plan
- Optional package that can be purchased before the warranty period expires.
- Applies to any software release of Everyware Software Framework (ESF).
- Duration: three years total, starting from the date of purchase.
- Renewable: YES, in 1-year increments. No limits.
9. Final Provisions
a) Nothing contained in this EULA shall be construed to limit Eurotech's rights to modify the Software.
b) Eurotech is an independent contractor and is understood that no partnership, joint venture or agency relation exists with the Licensee.
10. Third Party Code
The Program and future updates and fix packs to the Program may contain certain Third Party components which are provided to You under terms and conditions which are different from this EULA 6(a "Third Party License"), or which require EUROTECH or Third Parties that provide EUROTECH products to provide You with certain notices and/or information. For each such Third Party component, either EUROTECH or Third Parties will identify such Third Party component in a "README" file (or in an updated "README" file accompanying the fix pack or update), or in a file or files referenced in such "README" files (and shall include any associated license agreement, notices and other related information therein).
The Third Party component may contain or be accompanied by its own Third Party License (which may, for example, be provided when installing or starting such component, or accompanying such component in a file entitled "README", "COPYING", "LICENSE" or a substantially similar title, or included among the Program's paper documentation, if any).
To the extent so stipulated by a Third-Party License governing a Third-Party component, such component is licensed directly to You from the component's licensors and not sublicensed from EUROTECH, and such component is subject to its respective Third-Party License, not to this License. If, and to the extent, a Third Party License requires that this License effectively impose, or incorporate by reference, certain disclaimers, permissions, provisions, prohibitions or restrictions, then such disclaimers, permissions, provisions, prohibitions or restrictions shall be deemed to be imposed, or incorporated by reference into this License, as required, and shall supersede any conflicting provision of this License, solely with respect to the corresponding Third Party component which is governed by such Third Party License.
If, and to the extent, a Third Party License requires that the source code of its corresponding Third Party component be made available to You, and such source code was not delivered to You with the Program, then EUROTECH hereby extends a written offer, valid for the period prescribed in such Third Party License, to obtain a copy of the source code of the corresponding Third Party component. Your use of such Program in which such Third-Party components are used, included or integrated, constitutes your acceptance of their respective Third-Party Licenses. Third Party components may not be separated from Eurotech's Everyware Software Framework for use in a standalone environment or with other applications.
The Program may contain some or all of the following third-party components:
1) Eclipse Kura;
2) Apache Commons-beanutils;
3) Apache Commons-collections;
4) Apache Commons-csv;
5) Apache Commons-exec;
6) Apache Commons-lang3;
7) Apache Commons-net;
8) Apache Felix;
9) Apache Logging;
10) Apache Qpid;
11) Apache Servicemix;
12) Eclipse Core;
13) Eclipse Equinox;
14) Eclipse Jetty;
15) Eclipse OSGI;
19) Google gson;
20) Google guava;
21) Google protobuf;
22) Eclipse jaxrs;
11. TERM AND TERMINATION
Unless terminated under this Agreement, this EULA shall continue in effect indefinitely. EUROTECH or its supplier may terminate this EULA if you fail to comply with any of the terms and conditions of this Agreement.
On termination of this EULA for any reason, all your rights granted under this EULA shall be automatically terminated and you shall promptly cease to use all the Program and, at your costs, i) shall promptly return all copies of the Program to EUROTECH or its supplier or ii) shall promptly destroy all copies of the Program and submit to EUROTECH or its supplier a certificate testifying that all copies of the Program have been destroyed.
If you are accessing the software or services electronically, signify your agreement to be bound by the terms of this license by clicking the "AGREE/ACCEPT" button. If you do not agree to the terms of this license, click "DISAGREE/DECLINE".
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