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End User License Agreement
Dacor/Microsoft Windows CE .NET End User
License Agreement
You have acquired a device (“DEVICE”) that
includes software licensed by Dacor from
Microsoft Licensing, GP or its affiliates (“MS”).
Those installed software products of MS origin,
as well as associated media, printed materials,
and “online” or electronic documentation
(“SOFTWARE”) are protected by international
intellectual property laws and treaties. The
SOFTWARE is licensed, not sold. All rights
reserved.
IF YOU DO NOT AGREE TO THIS END
USER LICENSE AGREEMENT (“EULA”),
DO NOT USE THE DEVICE OR COPY THE
SOFTWARE. INSTEAD,
PROMPTLY CONTACT DACOR FOR
INSTRUCTIONS ON RETURN OF THE
UNUSED DEVICE(S) FOR A REFUND. ANY
USE OF THE SOFTWARE, INCLUDING
BUT NOT LIMITED TO USE ON THE DEVICE,
WILL CONSTITUTE YOUR AGREEMENT
TO THIS EULA (OR RATIFICATION OF ANY
PREVIOUS CONSENT).
GRANT OF SOFTWARE LICENSE. This EULA
grants you the following license:
• You may use the SOFTWARE only on the
DEVICE.
• NOT FAULT TOLERANT. THE SOFTWARE
IS NOT FAULT TOLERANT. DACOR
HAS INDEPENDENTLY DETERMINED
HOW TO USE THE SOFTWARE IN THE
DEVICE, AND MS HAS RELIED UPON
DACOR TO CONDUCT SUFFICIENT
TESTING TO DETERMINE THAT THE
SOFTWARE IS SUITABLE FOR SUCH
USE.
• NO WARRANTIES FOR THE SOFTWARE.
THE SOFTWARE is provided “AS IS”
and with all faults. THE ENTIRE RISK
AS TO SATISFACTORY QUALITY,
PERFORMANCE, ACCURACY, AND
EFFORT (INCLUDING LACK OF
NEGLIGENCE) IS WITH YOU. ALSO,
THERE IS NO WARRANTY AGAINST
INTERFERENCE WITH YOUR
ENJOYMENT OF THE SOFTWARE OR
AGAINST INFRINGEMENT. IF YOU
HAVE RECEIVED ANY WARRANTIES
REGARDING THE DEVICE OR THE
SOFTWARE, THOSE WARRANTIES DO
NOT ORIGINATE FROM, AND ARE NOT
BINDING ON, MS.
• Note on Java Support. The SOFTWARE
may contain support for programs written in
Java. Java technology is not fault tolerant
and is not designed, manufactured, or
intended for use or resale as online control
equipment in hazardous environments
requiring fail-safe performance, such as in
the operation of nuclear facilities, aircraft
navigation or communication systems, air
traffic control, direct life support machines,
or weapons systems, in which the failure
of Java technology could lead directly to
death, personal injury, or severe physical or
environmental damage. Sun Microsystems,
Inc. has contractually obligated MS to
make this disclaimer.
• No Liability for Certain Damages. EXCEPT
AS PROHIBITED BY LAW, MS SHALL
HAVE NO LIABILITY FOR ANY INDIRECT,
SPECIAL, CONSEQUENTIAL OR
INCIDENTAL DAMAGES ARISING FROM
OR IN CONNECTION WITH THE USE OR
PERFORMANCE OF THE SOFTWARE.
THIS LIMITATION SHALL APPLY EVEN IF
ANY REMEDY FAILS OF ITS ESSENTIAL
PURPOSE. IN NO EVENT SHALL MS
BE LIABLE FOR ANY AMOUNT IN
EXCESS OF U.S. TWO HUNDRED FIFTY
DOLLARS (U.S.$250.00).
• Limitations on Reverse Engineering,
Decompilation, and Disassembly. You
may not reverse engineer, decompile,
or disassemble the SOFTWARE, except
and only to the extent that such activity
is expressly permitted by applicable law
notwithstanding this limitation.
• SOFTWARE TRANSFER ALLOWED
BUT WITH RESTRICTIONS. You may
permanently transfer rights under this
EULA only as part of a permanent sale
or transfer of the Device, and only if
the recipient agrees to this EULA. If the
SOFTWARE is an upgrade, any transfer
must also include all prior versions of the
SOFTWARE.
• EXPORT RESTRICTIONS. You
acknowledge that SOFTWARE is subject
to U.S. export jurisdiction. You agree to
comply with all applicable international
and national laws that apply to the
SOFTWARE, including the U.S. Export
Administration Regulations, as well as
end-user, end-use and country destination
restrictions issued by U.S. and other
governments. For additional information
see http://www.microsoft.com/exporting/.
Dacor/Macromedia End User License
Agreement
• You have acquired a device (ìDEVICEî)
that includes software licensed by Dacor
from Macromedia Inc. (ìMACROMEDIAî).
Those installed software products
of MACROMEDIA origin, as well as
associated media, printed materials,
and ìonlineî or electronic documentation
(ìSOFTWAREî) are protected by
international intellectual property laws and
treaties. The SOFTWARE is licensed, not
sold. All rights reserved.
• IF YOU DO NOT AGREE TO THIS END
USER LICENSE AGREEMENT (ìEULAî),
DO NOT USE THE DEVICE OR USE
THE SOFTWARE. INSTEAD, PROMPTLY
CONTACT DACOR FOR INSTRUCTIONS
ON RETURN OF THE UNUSED
DEVICE(S) FOR A REFUND. ANY USE OF
THE SOFTWARE, INCLUDING BUT NOT
LIMITED TO USE ON THE DEVICE, WILL
CONSTITUTE YOUR AGREEMENT TO
THIS EULA (OR RATIFICATION OF ANY
PREVIOUS CONSENT).
• GRANT OF SOFTWARE LICENSE. The
license rights under this EULA are subject
to the terms and conditions of this EULA.
This EULA grants you the following license:
• You may use the SOFTWARE only on
the DEVICE.
• You may not make or distribute copies
of the SOFTWARE, or electronically
transfer the Software from one
computer to another or over a
network.
• Your license rights under this EULA
are non-exclusive.
• You agree that Dacor and/or
Macromedia may audit your use of the
Software fro compliance with these
terms at any time, upon reasonable
notice.
• NOT FAULT TOLERANT. THE SOFTWARE
IS NOT FAULT TOLERANT. DACOR
HAS INDEPENDENTLY DETERMINED
HOW TO USE THE SOFTWARE IN
THE DEVICE, AND MACROMEDIA HAS
RELIED UPON DACOR TO CONDUCT
SUFFICIENT TESTING TO DETERMINE
THAT THE SOFTWARE IS SUITABLE
FOR SUCH USE.
• NO WARRANTIES FOR THE SOFTWARE.
THE SOFTWARE is provided ìAS ISî
and with all faults. THE ENTIRE RISK
AS TO SATISFACTORY QUALITY,
PERFORMANCE, ACCURACY, AND
EFFORT (INCLUDING LACK OF
NEGLIGENCE) IS WITH YOU. ALSO,
THERE IS NO WARRANTY AGAINST
INTERFERENCE WITH YOUR QUIET
ENJOYMENT OF THE SOFTWARE
OR AGAINST INFRINGEMENT.
THERE ARE NO WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE. THERE IS
NO WARRANTY THAT THE SOFTWARE
IS ERROR-FREE OR WILL OPERATE
WITHOUT INTERRUPTION. NO
RIGHTS OR REMEDIES REFERRED
TO IN ARTICLE 2A OF THE UCC WILL
BE CONFERRED ON YOU UNLESS
EXPRESSLY GRANTED HEREIN.
THE SOFTWARE IS NOT DESIGNED,
INTENDED OR LICENSED FOR USE
IN HAZARDOUS ENVIRONMENTS
REQUIRING FAIL-SAFE CONTROLS,
INCLUDING WITHOUT LIMITATION,
THE DESIGN, CONSTRUCTION,
MAINTENANCE OR OPERATION OF
NUCLEAR FACILITIES, AIRCRAFT
NAVIGATION OR COMMUNICATION
SYSTEMS, AIR TRAFFIC CONTROL, AND
LIFE SUPPORT OR WEAPONS
• ATE A WARRANTY OR IN ANY WAY
INCREASE THE SCOPE OF ANY
WARRANTY PROVIDED HEREIN.
(USA only) SOME STATES DO NOT
ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE
EXCLUSION MAY NOT APPLY TO YOU.
THIS WARRANTY GIVES YOU SPECIFIC
LEGAL RIGHTS AND YOU MAY ALSO
HAVE OTHER LEGAL RIGHTS THAT
VARY FROM STATE TO STATE.
• IF YOU HAVE RECEIVED ANY
WARRANTIES REGARDING THE
DEVICE OR THE SOFTWARE, THOSE
WARRANTIES DO NOT ORIGINATE
FROM, AND ARE NOT BINDING ON,
MACROMEDIA.