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Nabto Standard Evaluation License Terms
Document: NABTO/001/CNT/004

1 Preliminary terms.

This Agreement, and any new versions, between Nabto and Licensee, covers all Licensee use of Nabto Evaluation Software from any devices where Nabto Software has been installed, by Licensee or by third parties for the purpose of evaluation of the product.

2 Definitions.

  • Licensor means Nabto
  • Licensee means person or organization that downloads Nabto Software
  • "IP Rights" means Intellectual Property Rights.
  • "Software" means software found on any of Nabto's website's, especially http://www.nabto.com or http://download.nabto.com or software distributed by email or FTP or by the remedies of affiliates of Nabto.
  • "Nabto Website" means any websites found on *.nabto.com and *.nabto.net domains, where * denotes any letter and number combination.
  • "Nabto Online Material" means any contents found on http://www.nabto.com.
  • "Nabto Promotional Materials" means any material manufactured by Nabto for promotional purposes.
  • "The Effective Date" means the date where this LICENSE AGREEMENT or Purchase Order is accepted by Licensee or the date where Licensee install or use of the Nabto Software, whichever occurs earlier.
  • Device means the device to which Licensee is install Nabto software

3 Exclusive Ownership.

3.1

Any and all IP Rights in the Software, the Nabto Website, the Nabto Online Material and the Nabto Promotional Materials are and shall remain the exclusive property of Nabto and/or its licensors. Nothing in this LICENSE AGREEMENT intends to transfer any such IP Rights to, or to vest any such IP Rights in, Licensee. Nabto reserves all rights not expressly granted to Licensee in this LICENSE AGREEMENT.

3.2

Licensee acknowledge that no title to the intellectual property in the Software is transferred to Licensee. Licensee further acknowledge that title and full ownership rights to the Software will remain the exclusive property of Nabto and Licensee will not acquire any rights to the Software except as expressly set forth in this license. Licensee agree that any copies of the Software will contain the same proprietary notices which appear on and in the current Software.

4 Grant of License.

4.1

Licensee is a developer, producer and distributor of Network connection products and desires to license the Software, for a period of one hundred and twenty (120) days, for the purpose of evaluation only. The evaluation period can be extended by contacting Nabto or its affiliates.

4.2

To the extent Licensee download or in other ways gets the Nabto Evaluation software distributed either from Nabto's website or its affiliates websites, FTP sites or similar distribution channels, usage of this software will be governed solely and exclusively by the terms and conditions of this License Agreement. Any additional or conflicting terms and conditions appearing in surrounding material shall not be effective unless agreed in writing by both parties' or authorized representatives. Subject to the terms of this License agreement Licensor hereby grants to Licensee a limited, personal, non- commercial, non-exclusive, non-sublicensable, non-assignable, free of charge license to install and use the Nabto Software in computers, phones or PDAs owned by Licensor for the sole purpose of non-commercially internal evaluation of the Software.

4.4

Licensee agrees that it does not have any rights under this Agreement to distribute binary or source code to any organization or person in any way, not exhaustively; commercially or non-commercially, paid or non-paid. Further, Licensee agrees that at the end of the evaluation period Licensee will either purchase a Software License Agreement or destroy and delete all hard and soft copies of the Software and manuals.

5 Restrictions.

5.1

Licensee will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to the Nabto Software or any part thereof.

5.2

Licensee will not undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Nabto Software or any part thereof except to the extent permitted by law.

5.3

The Nabto Software may be incorporated into, and may incorporate itself, software and other technology owned and controlled by third parties. Licensee acknowledge and agree that Licensee will not enter into a contractual relationship with Nabto or its Affiliates regarding such third party software or technology and Licensee will look solely to the applicable third party and not to Nabto or its Affiliates to enforce any of Licensee's rights. Licensee agree that Licensee will not remove, obscure, make illegible or alter any notices or indications of the IP Rights and/or Nabto's rights and ownership thereof, whether such notice or indications are affixed on, contained in or otherwise connected to any materials.

5.5

Licensee will not take any action to jeopardize, limit or interfere with Nabto's IP Rights.

5.6

Licensee will use the Nabto Software solely for lawful purposes. In this respect Licensee may not, without limitation
  1. intercept or monitor, damage or modify any communication which is not intended for Licensee;
  2. send any unsolicited commercial communication not permitted by applicable law;
  3. use any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble the Nabto Software or the communication;
  4. expose any third party to material which is offensive, harmful to minors, indecent or otherwise objectionable in any way;
  5. use the Nabto Software to cause or intend to cause embarrassment or distress to, or to threaten, harass or invade the privacy of, any third party; or
  6. use any material or content that is subject to any third party proprietary rights, unless Lincensee has a licence or permission from the owner of such rights.

6 Confidential Information

6.1 "Confidential Information" means:
  1. byte code or source code provided by Nabto or Affiliates;
  2. any authorization keys and passwords delivered in order to operate the Software;
  3. documentation, product road maps and development plans, and product pricing information;
  4. any business, technical or training information of a party that, if disclosed in writing, is marked "confidential" or "proprietary" at the time of disclosure, or, if disclosed orally, is identified as "confidential" or "proprietary" at the time of disclosure; and the specific business terms and pricing set forth in any quotation, Order or this Agreement.
Confidential Information does not include information that:
  1. is or becomes generally known or available to the public through no act or omission of Licensee;
  2. is rightfully known to or received by Licensee prior to receiving such information from Nabto or its representatives without restriction as to use or disclosure; or
  3. is independently developed by Licensee without use of Confidential Information and without a breach of this Agreement. The existence of this Agreement and the nature of the business relationship between the parties are not Confidential Information.

6.2

Licensee will not use Confidential Information except as necessary to exercise the rights granted under this Agreement or to evaluate opportunities to license additional Nabto product offerings. Licensee will not disclose Confidential Information to any person or entity except to Licensee's employees or Authorized Third Party, whose job performance requires access and who are under obligations of confidentiality. The foregoing obligations will not restrict Licensee's disclosure of Confidential Information pursuant to the order or requirement of a court, administrative agency, or other governmental body, provided that Licensee gives reasonable notice to Nabto to contest such order or requirement. Licensee shall give Nabto written notice of any unauthorized disclosure or use of the Software as soon as Licensee learns or becomes aware of such unauthorized disclosure or use.

7 Consent to use of technical data.

Licensee agree that Nabto and its affiliates may collect and use technical information gathered as part of the product support services provided to Licensee, if any, related to the Software. Nabto and affiliates may use this information solely to improve our products or to provide customized services or technologies to Licensee and will not disclose this information in a form that identifies Licensee.

8 Updates, Add-ons and Upgrades.

8.1

his LICENSE AGREEMENT also applies to updates, supplements, add-on components, or Internet-based services components, of the Software that Nabto may provide to Licensee or make available to Licensee after the date Licensee obtain Licensee's initial copy of the Software, unless Nabto provide other terms along with the update, supplement, add-on component, or Internet-based services component.

8.2

Nabto, in its sole discretion, reserves the right to add additional features or functions, or to provide programming fixes, updates and upgrades, to the Nabto Software. Nabto has no obligation to make available to Licensee any subsequent versions of the Nabto Software.

9 Disclaimer of Warranties.

THE NABTO SOFTWARE IS PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER; NABTO DOES NOT, EITHER EXPRESSED, IMPLIED OR STATUTORY, MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS WITH RESPECT TO THE NABTO SOFTWARE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE FOR A PARTICULAR PURPOSE. NABTO FURTHER DOES NOT REPRESENT OR WARRANT THAT THE NABTO SOFTWARE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT DATA LOSS, NOR DOES NABTO WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET.

10 Limitations of Liability, Remedies and Indemnity.

10.1

LICENSEE ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF LICENSEE'S USE OF THE NABTO SOFTWARE REMAINS WITH LICENSEE, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

10.2

LICENSEE ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL NABTO, ITS AFFILIATES, ITS LICENSORS OR THE NABTO STAFF BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY. THIS INCLUDES LIABILITIES FOR:

10.2.1

ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF OR CORRUPTION TO DATA, INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE NABTO SOFTWARE; AND

10.2.2

ANY LOSS OF INCOME, BUSINESS OR PROFITS (WHETHER DIRECT OR INDIRECT) ARISING OUT OF THE USE OR INABILITY TO USE THE NABTO SOFTWARE;

10.2.3

ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY LICENSEE AS A RESULT OF;
  1. ANY DISRUPTIONS OR DELAYS IN ANY COMMUNICATION WHEN USING THE NABTO SOFTWARE;
  2. THE SUSPENSION OR TERMINATION OF THIS LICENSE AGREEMENT BY LICENSEE OR BY NABTO FOR ANY REASON; AND
  3. THE RELEASE OR THE DECISION NOT TO RELEASE NEW VERSIONS OF THE NABTO SOFTWARE TO LICENSEE.

10.3

THE LIMITATIONS ON NABTO'S LIABILITY TO LICENSEE IN SECTION 10 SHALL APPLY WHETHER OR NOT NABTO, ITS AFFILIATES OR THE NABTO STAFF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES ARISING.

10.4

AS SOME JURISDICTIONS DO NOT ALLOW SOME OF THE EXCLUSIONS OR LIMITATIONS AS SET FORTH ABOVE, SOME OF THESE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO LICENSEE. IN SUCH EVENT THE LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT POSSIBLE WITHIN THE APPLICABLE LEGISLATION.

10.5

LICENSEE ACKNOWLEDGE AND AGREE THAT LICENSEE'S ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE NABTO SOFTWARE IS TO IMMEDIATELY DEINSTALL AND CEASE USE OF SUCH NABTO SOFTWARE.

10.6

LICENSEE AGREE TO INDEMNIFY, DEFEND AND HOLD NABTO AND ITS AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES INCURRED BY SUCH PARTIES, IN CONNECTION WITH OR ARISING OUT OF LICENSEE'S
  1. VIOLATION OR BREACH OF ANY TERM OF THIS LICENSE AGREEMENT OR ANY APPLICABLE LAW OR REGULATION, WHETHER OR NOT REFERENCED HEREIN, OR
  2. VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY, OR
  3. USE OR MISUSE OF THE NABTO SOFTWARE, OR
  4. COMMUNICATION SPREAD BY MEANS OF THE NABTO SOFTWARE.

11 Equitable Remedies.

Licensee agree that Nabto shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this LICENSE AGREEMENT, in addition to such other remedies as Nabto may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this LICENSE AGREEMENT, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.

12 Changes to the License Agreement.

12.1

Nabto reserves the right to change this LICENSE AGREEMENT at any time by publishing the revised LICENSE AGREEMENT on the Nabto Website. The revised LICENSE AGREEMENT shall become effective within thirty (30) days of such publication. Licensee's express acceptance or Licensee's continued use of the Nabto Software after expiry of the notice period of thirty (30) days, shall constitute Licensee's acceptance to be bound by the terms and conditions of the revised LICENSE AGREEMENT. Licensee can find the latest version of this LICENSE AGREEMENT at nabto.com/ELA.pdf

12.2

Licensee's installation and use of any of Nabto's updates or modifications or Licensee's continued use of the Software following notice of changes to this LICENSE AGREEMENT will demonstrate Licensee's acceptance of any and all such changes.

13 Term.

This LICENSE AGREEMENT will be effective as of the Effective Date of the Software download and will remain effective in the timeframe specified in section 4 or until terminated either by Nabto or Licensee as set out below.

14 Early Suspension and Termination.

14.1

Licensor may terminate this agreement effective upon 3 days' notice to the Licensee if the Licensee commits any material breach of this Agreement that remains uncured during such notice period. In the specific event that Licensor suspects that Licensee is using the Software licensed under this agreement in any way that the Licensor considers non-evaluation purposes the Licensor can terminate this agreement immediately.

15 Applicable Law and Competent Court.

15.1

This LICENSE AGREEMENT shall be governed by and interpreted in accordance with the laws of Denmark and shall be subject to the jurisdiction of the Danish Sø- og Handelsret in Copenhagen.

15.2

The original English version of the LICENSE AGREEMENT may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail.

16 Miscellaneous.

16.1

The terms and conditions of the LICENSE AGREEMENT constitute the entire agreement between Licensee and Nabto with respect to the subject matter hereof and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter. Nothing in this clause shall exclude or restrict the liability of either Licensee or Nabto arising out of fraud or fraudulent misrepresentation.

16.2

If any provision of the LICENSE AGREEMENT, or any part of a provision, is found by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, and the provision, or part-provision, in question is not of a fundamental nature to the LICENSE AGREEMENT as a whole, the legality, validity or enforceability of the remainder of the LICENSE AGREEMENT, including the remainder of the term which contains the relevant provision, shall not be affected.

16.3

The failure to exercise, or delay in exercising, a right, power or remedy provided by the LICENSE AGREEMENT or by law shall not constitute a waiver of that right, power or remedy. If Nabto waives a breach of any provision of the LICENSE AGREEMENT this shall not operate as a waiver of a subsequent breach of that provision, or as a waiver of a breach of any other provision.

16.4

The terms of Section 10 and 11 of this LICENSE AGREEMENT, shall survive termination of the LICENSE AGREEMENT for whatever reason.


LICENSEE EXPRESSLY ACKNOWLEDGE THAT LICENSEE HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE ACCEPT BUTTON AND/OR CONTINUING TO INSTALL THE NABTO SOFTWARE, LICENSEE EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO NABTO THE RIGHTS SET FORTH HEREIN.


Copyright © 2009 NABTO. All rights reserved.









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