Read before using the Lighthouse Standard or Enterprise hardware appliance.
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THE LIGHTHOUSE HARDWARE APPLIANCE, THE USE OF WHICH IS LICENSED FOR USE ONLY AS SET FORTH BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE APPLIANCE. IF YOU USE ANY PART OF THE APPLIANCE, SUCH USE WILL INDICATE THAT YOU ACCEPT THESE TERMS.
You have acquired a product that includes Opengear (“Opengear”) proprietary software and/or proprietary software licensed to Opengear. This Opengear End User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and Opengear for the installed software product of Opengear origin, as well as associated media, printed materials, and “online” or electronic documentation (“Software”). By installing, copying, downloading, accessing, or otherwise using the Software, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, Opengear is not willing to license the Software to you. In such event, do not use or install the Software. If you have purchased the Software, promptly return the Software and all accompanying materials with proof of purchase for a refund. Products with separate end user license agreements that may be provided along with the Software are licensed to you under the terms of those separate end user license agreements.
Subject to the terms and conditions of this EULA, Opengear grants you a nonexclusive right and license to install and use the Software on a single physical CPU, provided that,
(1) you may not rent, lease, sell, sublicense or lend the Software;
(2) you may not reverse engineer, decompile, disassemble or modify the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
(3) you may not transfer rights under this EULA unless such transfer is part of a permanent sale or transfer of the Product, you transfer at the same time all copies of the Software to the same party or destroy such materials not transferred, and the recipient agrees to this EULA;
(4) you may not use the Software to concurrently manage more than the number of appliances designated when you purchased with your Lighthouse hardware appliance (i.e. 10, 100, 1000 or 5000 appliances)
No license is granted in any of the Software’s proprietary source code. This license does not grant you any rights to patents, copyright, trade secrets, trademarks or any other rights with respect to the Software.You may make a reasonable number of copies of the electronic documentation accompanying the Software for each Software license you acquire, provided that, you must reproduce and include all copyright notices and any other proprietary rights notices appearing on the electronic documentation. Opengear reserves all rights not expressly granted herein.
INTELLECTUAL PROPERTY RIGHTS.
The Software is protected by copyright laws, international copyright treaties, and other intellectual property laws and treaties. Opengear and its suppliers retain all ownership of, and intellectual property rights in (including copyright), the Software components and all copies thereof, provided however, that
(1) certain components of the Software, including SDT Connector, are components licensed under the GNU General Public License Version 2, which Opengear supports. Opengear will provide source code for any of the components of the Software licensed under the GNU General Public License upon request.
(2) the SDT Connector includes code from JSch, a pure Java implementation of SSH2 which is licensed under BSD style license. Copies of these licenses are detailed on the Opengear web site,
You agree that you will not export or re-export the Software, any part thereof, or any process or service that is the direct product of the Software in violation of any applicable laws or regulations of the United States or the country in which you obtained them.
U.S. GOVERNMENT RESTRICTED RIGHTS.
The Software and related documentation are provided with Restricted Rights. Use, duplication, or disclosure by the Government is subject to restrictions set forth in subparagraph (c) (1) (ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c) (1) and (2) of the Commercial Computer Software – Restricted Rights at 48 C.F.R. 52.227-19, as applicable, or any successor regulations.
TERM AND TERMINATION.
This EULA is effective until terminated. The license you purchased with your Lighthouse hardware appliance has an associated active term (i.e. one year or three years). Opengear reserves the right to terminate product support and product updates if the active license term has expired. However this term expiration does not affect the EULA validity. The EULA terminates immediately if you fail to comply with any term or condition. In such an event, you must destroy all copies of the Software. You may also terminate this EULA at any time by destroying the Software.
GOVERNING LAW AND ATTORNEY’S FEES.
This EULA is governed by the laws of the State of Utah, USA, excluding its conflict of law rules. You agree that the United Nations Convention on Contracts for the International Sale of Goods is hereby excluded in its entirety and does not apply to this EULA. If you acquired this Software in a country outside of the United States, that country’s laws may apply. In any action or suit to enforce any right or remedy under this EULA or to interpret any provision of this EULA, the prevailing party will be entitled to recover its costs, including reasonable attorneys’ fees. ENTIRE AGREEMENT. This EULA constitutes the entire agreement between you and Opengear with respect to the Software, and supersedes all other agreements or representations, whether written or oral. The terms of this EULA can only be modified by express written consent of both parties. If any part of this EULA is held to be unenforceable as written, it will be enforced to the maximum extent allowed by applicable law, and will not affect the enforceability of any other part. Should you have any questions concerning this EULA, or if you desire to contact Opengear for any reason, please contact the Opengear representative serving your company.
THE FOLLOWING DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY IS INCORPORATED INTO THIS EULA BY REFERENCE. THE SOFTWARE IS NOT FAULT TOLERANT. YOU HAVE INDEPENDENTLY DETERMINED HOW TO USE THE SOFTWARE, AND OPENGEAR HAS RELIED UPON YOU TO CONDUCT SUFFICIENT TESTING TO DETERMINE THAT THE SOFTWARE IS SUITABLE FOR SUCH USE.
Opengear warrants the media containing the Software for a period of ninety (90) days from the date of original purchase from Opengear or its authorized retailer. Proof of date of purchase will be required. Any updates to the Software provided by Opengear (which may be provided by Opengear at its sole discretion) shall be governed by the terms of this EULA. In the event the product fails to perform as warranted, Opengear’s sole obligation shall be, at Opengear’s discretion, to refund the purchase price paid by you for the Software on the defective media, or to replace the Software on new media. Opengear makes no warranty or representation that its Software will meet your requirements, will work in combination with any hardware or application software products provided by third parties, that the operation of the software products will be uninterrupted or error free, or that all defects in the Software will be corrected.
OPENGEAR DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. OTHER THAN AS STATED HEREIN, THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT 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, OPENGEAR.
NO LIABILITY FOR CERTAIN DAMAGES. EXCEPT AS PROHIBITED BY LAW, OPENGEAR SHALL HAVE NO LIABILITY FOR COSTS, LOSS, DAMAGES OR LOST OPPORTUNITY OF ANY TYPE WHATSOEVER, INCLUDING BUT NOT LIMITED TO, LOST OR ANTICIPATED PROFITS, LOSS OF USE, LOSS OF DATA, OR ANY INCIDENTAL, EXEMPLARY SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER UNDER CONTRACT, TORT, WARRANTY OR OTHERWISE ARISING FROM OR IN CONNECTION WITH THIS EULA OR THE USE OR PERFORMANCE OF THE SOFTWARE. IN NO EVENT SHALL OPENGEAR BE LIABLE FOR ANY AMOUNT IN EXCESS OF THE LICENSE FEE PAID TO OPENGEAR UNDER THIS EULA. SOME STATES AND COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
For details on downloading and deploying Lighthouse appliance refer Opengear’s Knowledge Base.