-
Notifications
You must be signed in to change notification settings - Fork 22
/
LICENSE
138 lines (120 loc) · 8.02 KB
/
LICENSE
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
HEX FIVE SECURITY, INC.
SOFTWARE EVALUATION AGREEMENT
THE TERMS AND CONDITIONS CONTAINED HEREIN CONSTITUTE A LEGAL AGREEMENT.
THIS AGREEMENT ("AGREEMENT") CONTAINS THE ENTIRE AGREEMENT BETWEEN YOU
LICENSEE ("YOU") AND HEX FIVE SECURITY, INC. ("HEX FIVE") WITH RESPECT TO
THE TERMS AND CONDITIONS DESCRIBED HEREIN. READ THIS AGREEMENT CAREFULLY.
BY DOWNLOADING/INSTALLING THE PRODUCT, YOU ACKNOWLEDGE THAT (1) YOU ARE
AUTHORIZED TO ENTER THIS AGREEMENT FOR AND ON BEHALF OF YOUR COMPANY, AND
ARE DOING SO, AND (2) YOU HAVE READ AND UNDERSTAND AND AGREE THAT YOU AND
THE COMPANY SHALL BE BOUND BY THESE TERMS AND CONDITIONS AND ALL
MODIFICATIONS AND ADDITIONS PROVIDED FOR
Software products included with this product that are not Hex Five
products are licensed to you by the software provider. Please refer to
the license contained in the provider's product for the terms of use
before using such products.
1. License Grant. Hex Five grants you a limited, non-exclusive, non-
transferable license to use, for non-commercial, non-production
evaluation purposes only, the Hex Five software program(s), known as
MultiZone(TM) Security (the "Software") and related product documentation at
no charge subject to the terms and restrictions set forth in this License
Agreement. You are not permitted to use the Software in any manner not
expressly authorized by this License. You acknowledge and agree that
ownership of the Software and all subsequent copies thereof regardless of
the form or media are held by Hex Five.
2. Term of Agreement. Your license is effective until terminated by Hex
Five (at Hex Five's sole discretion and without notice). The License will
terminate automatically if you fail to comply with any of the limitations
or other requirements described herein. At termination you shall cease
all use of the Software and destroy all copies, full or partial of the
Software.
3. Ownership Rights. The Software and related documentation are protected
by United States copyright laws and international treaties. Hex Five,
third party component providers, and open source component providers own
and retain all right, title and interest in and to the Software and
related documentation, including all copyrights, patents, trade secret
rights, trademarks and other intellectual property rights therein.
Software is protected by patents US 11,151,262 and PCT/US2019/038774.
4. Use of Name and Trademarks. You shall not use the name, trade names or
trademarks of Hex Five or any of its affiliates in any advertising,
promotional literature or any other material, whether in written,
electronic or other form without express written permission of Hex Five.
5. Restrictions.
(A) You may not rent, lease, lend, redistribute or sublicense the
Software. You may not copy the Software except to make archival or backup
copies, provided that the backup copy must include all copyright or other
proprietary notices contained on the original. You may not copy the
related product documentation. You may not modify, reverse engineer,
decompile, or disassemble the Software, except to the extent the
foregoing restriction is expressly prohibited by applicable law. You may
not publish any results from tests using the Software without the express
written permission of Hex Five.
(B) Certain components of the Software are provided under various Open
Source licenses that have been made available to Hex Five. You may modify
or replace only these Open-Sourced Components; provided that (i) the
resultant Software is used in place of the unmodified Software, on a
single computer; and (ii) you otherwise comply with the terms of this
License and any applicable licensing terms governing use of the Open-
Sourced Components. Hex Five is not obligated to provide any maintenance,
technical or other support for the resultant Software.
(C) This license is strictly for non-commercial, non-production
evaluation purposes. You agree and acknowledge that you may not use the
Software for any commercial purpose whatsoever.
6. Feedback. You agree that any feedback or ideas you provide to us
regarding any Software or any suggested improvements thereto (together,
the "Feedback") will be the exclusive property of Hex Five. To the extent
you own any rights in the Feedback, you agree to assign and hereby do
assign to us all right, title and interest in and to the Feedback. You
agree to perform all acts reasonably requested by us to perfect and
enforce such rights, including without limitation executing copyright
assignments. We will reimburse you for direct out of pocket costs
incurred in complying with our requests.
7. Exclusion of Warranties. THE SOFTWARE IS PROVIDED TO LICENSEE "AS IS",
AND ANY USE BY LICENSEE OF THE SOFTWARE WILL BE AT LICENSEE'S SOLE RISK.
HEX FIVE MAKES NO WARRANTIES RELATING TO THE SOFTWARE AND EXPRESSLY
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
8. Limitation of Liability. IN NO EVENT SHALL HEX FIVE BE LIABLE FOR ANY
INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER,
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA,
BUSINESS INTERRUPTON OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING
OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE HEX FIVE SOFTWARE,
HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILTY (CONTRACT, TORT OR
OTHERWISE) AND EVEN IF HEX FIVE HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
9. Governing Law, Dispute Resolution. This Agreement is governed by the
law of the State of California, U.S.A., without reference to conflict of
laws principles. The application of the United Nations Convention of
Contracts for the International Sale of Goods is expressly excluded.
Venue for any disputes shall be in the state and federal courts located
in San Jose, California.
10.No Export. You agree not to export, directly or indirectly, the
Software or any components thereof to any country for which the U.S.
Government or any agency thereof at the time of export requires an export
license or other government approval without first obtaining such license
or approval.
11.Assignment/Transfers. You may not assign or transfer this Agreement,
in whole or in part, without Hex Five's prior written consent. Any
attempted assignment or transfer in violation of this Section will be
null and void.
12.Third Party Acknowledgements.
(A) Aspects of the Software utilize or include third party software and
other copyrighted material. Acknowledgements, licensing terms and
disclaimers for such material are available when accessing the Software
on the Hex Five website, and your use of such material is governed by
their respective terms.
(B) The Software includes certain software provided under various Open
Source licenses. You may obtain complete machine-readable copies of the
source code and licenses for the Open Source software at the Hex Five
Open Source website (https://www.hex-five.com/oslicenses). Open Source
Software is distributed WITHOUT ANY WARRANTY, without even the implied
warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE
13.Severability. If any provision of this Agreement is held invalid,
illegal or unenforceable, the validity, legality and enforceability of
any of the remaining provisions of this Agreement shall not in any way be
affected or impaired.
14.Entire Agreement. This Agreement is the entire agreement between you
and Hex Five concerning the Software and all related documentation and
supersedes any other prior or contemporaneous agreements or
communications with respect to the Software and related documentation,
whether written or oral.