Terms And Conditions For Use Of Software ("Terms"); Open Source Licenses - Pace RNG110 Operator's Manual

TERMS AND CONDITIONS FOR USE OF SOFTWARE ("TERMS")

THE PRODUCT TO WHICH THESE TERMS RELATE (THE "PRODUCT") INCORPORATES
SOFTWARE WHICH IS OWNED BY PACE plc ("PACE") OR ITS THIRD PARTY
LICENSORS (THE "SOFTWARE"). BEFORE USING THE PRODUCT PLEASE READ THESE
TERMS. IF YOU DO NOT AGREE TO THESE TERMS YOU MAY NOT USE THE PRODUCT
AND SHOULD IMMEDIATELY RETURN THE PRODUCT TO YOUR SUPPLIER. THESE
TERMS ALSO APPLY TO ANY MODIFICATIONS, UPDATES OR SUPPLEMENTS TO THE
SOFTWARE PROVIDED TO YOU. FOR PURPOSES OF THESE TERMS, "YOU" MEANS
YOU, THE END USER, AND YOUR PRODUCT SUPPLIER, UNLESS THE CONTEXT
REQUIRES OTHERWISE.
A. License Grant and Conditions
1. Pace, or your supplier, if applicable, grants you a non-exclusive, non-transferable,
limited license to use the Software solely as integrated with, incorporated into, or
provided for use in connection with the Product.
2. Pace reserves all rights not expressly granted to you under these Terms.
3. You may not transfer any of your limited rights in the Software without the prior
written consent of Pace, and if consent is provided then the Software shall only
be transferred in conjunction with the transfer of the Product AND ONLY IF the
transferee has read and agreed to accept these Terms.
4. You must ensure that the copyright, trademark and other protective notices
contained in the Software are maintained and not altered or removed.
5. The Software is protected by copyright and other laws and international copyright
and other treaties.
6. The Software provided hereunder is licensed (not sold). Pace is NOT transferring
title or any ownership rights in the Software to you.
7. All title and intellectual property rights in and to the Software and all modifications,
updates, enhancements and derivative works of the Software are owned exclusively
by Pace or its licensors and you agree to execute any document reasonably
requested by Pace to evidence such ownership rights.
8. Certain third party software used in connection with the Product may be made
directly available to you by operating system or other third party providers. Use of
such Software is also subject to the terms of any applicable agreement between
you and such third party.
B. License Restrictions
Except as expressly permitted herein or by statute you may not:
1. use the Software in conjunction with any other hardware or equipment other than
the Product;
2. copy or modify all or any portion of the Software;
3. incorporate all (or any portion of) the Software into other programs developed or
used by (or on behalf of) you;
4. reverse engineer, decompile, decrypt or disassemble the Software (or any portion
of the Software); or
5. export, transfer or re-export the Software in violation of any applicable law.
C. Open Source Software
Certain components of the Software are subject to either:
(i) the GNU General Public Licence ("GPL");
(ii) the GNU Lesser General Public Licence ("LGPL"); or
(iii) OpenSSL license.
The foregoing are not subject to the restrictions in Section B. In compliance with
the GPL and LGPL Pace makes the source code of the Linux software, libraries and
associated utilities it uses, together with its modifications (if any), available to the
public in source code form at: http://www.pace.com/opensource/request.
You are free to use, modify and distribute the Linux software and any modifications as
long as you comply with the terms of the GPL or LGPL referred to above. The License
terms applicable to (i) to (iii) above are available to you, as explained in the section
below entitled Open Source Licenses.
The Software also contains the following:
(iv) SHA library Copyright © 2000-2001, Aaron D. Gifford All rights reserved.
(v) Expat XML Parsing Library
Copyright © 1998, 1999, 2000 Thai Open Source Software Centre Ltd and Clark
Cooper.
Copyright © 2001, 2002, 2003 Expat maintainers.
(vi) Expat++ This component of the Software is subject to the Mozilla Public License
Version 1.0.
(vii) Base64 Algorithm Copyright © 2001 Bob Trower, Trantor Standard Systems Inc.
Certain additional license terms applicable to (iv) to (vi) above are available to you, as
explained in the section below entitled Open Source Licenses.
D. Termination
These Terms are effective until terminated. You may terminate these Terms by returning
the Product to your supplier. These Terms will terminate automatically without notice
if you fail to comply with these Terms or any other written agreement between you and
Pace. Upon termination you must return the Product to your supplier.
E. Disclaimer
1. EXCEPT AS SET FORTH IN ANY WRITTEN AGREEMENT BETWEEN YOU AND
PACE (OR YOUR SUPPLIER), THE SOFTWARE IS (TO THE EXTENT PERMITTED
BY LAW) SUPPLIED "AS IS" AND PACE AND ITS LICENSORS EXPRESSLY
EXCLUDE ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING (BUT NOT
LIMITED TO) WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY,
FITNESS FOR PURPOSE AND NON-INFRINGEMENT.
2. EXCEPT AS SET FORTH IN ANY WRITTEN AGREEMENT BETWEEN YOU AND
PACE, IN NO CIRCUMSTANCE WILL PACE BE LIABLE FOR ANY DIRECT,
INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGE
(INCLUDING LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA
OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY
OR SERVICES) ARISING OUT OF THE USE OR THE INABILITY TO USE THE
SOFTWARE.
F. General
These Terms are governed by the laws of the State of New York and you may only bring
claims exclusively in New York courts and Pace shall be entitled to bring a claim in the
courts of any jurisdiction. Any failure by Pace to enforce any of its rights hereunder
or applicable law shall not constitute a waiver of such rights. Pace's licensors and
suppliers shall be third party beneficiaries of this License Agreement, as applicable.
YOUR USE OF THE PRODUCT CONSTITUTES YOUR ACKNOWLEDGEMENT THAT
YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND HEREBY.

Open Source Licenses

The software contained in this product may be covered by certain components
consisting of free software or open source software. A list of these components and a
copy of the relevant copyright notices and license term notices that are required by such
licenses are available at this web page:
http://www.pace.com/opensource/license
This list may change from time to time and may depend on the model of product or the
version of software you have received. If you are unable to access this web page and
wish to have a copy of this list, please contact the Open Source Administrator at: 3701
FAU Boulevard, Suite 200, Boca Raton, Florida 33431 USA. To the extent the terms of
these open source or free software licenses prohibit any of the restrictions in any end
user license included with the product, such restrictions will not apply to the applicable
open source or free software component.
RNG110 OPERATOR'S MANUAL (501-3438000)
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