|
|
New WinRT™ 4.1 License Agreement
BSQUARE Corporation, WinRT Development License Agreement
IMPORTANT-READ CAREFULLY
This is a legal agreement between you (either an entity or an individual) and
BSQUARE Corporation ("BSQUARE"). By opening the sealed software package you
agree to be bound by the terms of this Agreement. If you do not agree to the
terms of this Agreement, promptly return the unopened software package and
accompanying items (including written materials) to the place from which you
obtained them for a full refund.
1. GRANT OF LICENSE. BSQUARE grants to you
the right to use one copy of the enclosed BSQUARE software program (the
"SOFTWARE") on a single computer. The SOFTWARE is in "use" on a computer when it
is loaded into temporary memory (i.e., RAM) or installed into permanent memory
(e.g., hard disk or CD-ROM) of that computer. However, installation on a network
server for the sole purpose of distribution to one or more other computer(s)
shall not constitute "use" for which a separate license is required.
2. COPYRIGHT. The SOFTWARE is owned by
BSQUARE and is protected by United States copyright laws and international
treaty provisions. Therefore, you must treat the SOFTWARE like any other
copyright material (e.g. musical recording or a book) except that you may either
(a) make one copy of the SOFTWARE solely for backup, or (b) transfer the
SOFTWARE to a single hard disk provided you keep the original solely for backup
or archival purposes. You may not copy the written materials accompanying the
SOFTWARE.
3. OTHER RESTRICTIONS. You may not rent or
lease the SOFTWARE, but you may transfer the SOFTWARE and all accompanying
written materials on a permanent basis provided you retain no copies and the
recipient agrees to the terms of this Agreement. If the SOFTWARE is an update or
has been updated, any transfer must include the most recent update and all prior
versions. You may not reverse engineer, decompile, or disassemble the SOFTWARE.
4. PROGRAMMER’S TOOLKIT SOFTWARE. You
have a royalty-free right to reproduce and distribute executable files created
using the SOFTWARE as part of your software application product (your "Product")
provided that you agree to indemnify, hold harmless, and defend BSQUARE and its
suppliers from and against any claims or lawsuits, including attorney's fees,
that arise or result from the use or distribution of your Product.
5. REDISTRIBUTABLE COMPONENTS. BSQUARE
grants you a non-exclusive royalty-free right to use and modify the source code
version of those portions of the SOFTWARE that are installed in the sample
directory by the setup program. You may not distribute the SAMPLE CODE, or any
modified version of the SAMPLE CODE, in source code form. Notwithstanding
Section 1, BSQUARE grants you a non-exclusive royalty-free right to reproduce,
rename and distribute the WinRT DRIVER (winrt*.sys or wrtdev*.vxd) and the
winrtx.dll file provided, that you: (a) distribute the driver only in
conjunction with and as a part of your software Product which adds significant
and primary functionality to the redistributable components; (b) agree to
indemnify, hold harmless, and defend BSQUARE and its suppliers from and against
any claims or lawsuits, including attorney's fees, that arise or result from the
use or distribution of your software Product; (c) do not ship any documentation
or source code which demonstrates, explains or uses
calls to the DRIVER; and (d) do not permit further distribution of the DRIVER by
your end user. If this software is marked "Beta", it is not redistributable.
6. PURCHASE ORDERS. You may use purchase
order(s) for your own convenience and internal tracking. No terms and conditions
contained in any such purchase order will in any way be construed to affect this
Agreement, or any exhibits or amendments to this Agreement, or in any way bind
BSQUARE.
This Agreement shall be governed by the laws of the State of Washington.
LIMITED WARANTY
LIMITED WARRANTY. Except with respect to the
SAMPLE CODE, which is provided "as-is", without warranty of any kind, BSQUARE
warrants that the SOFTWARE will perform substantially in accordance with the
accompanying written materials for a period of ninety (90) days from the date of
receipt. Any implied warranties on the SOFTWARE are limited to ninety (90) days.
Some states/jurisdictions do not allow limitations on duration of an implied
warranty, so the above limitations may not apply to you.
CUSTOMER REMEDIES. BQUARE Corporation's and
its suppliers' entire liability and your exclusive remedy shall be, at BSQUARE’s
option, either (a) return of the price paid, or (b) repair or replacement of the
SOFTWARE that does not meet BSQUARE Corporation's Limited Warranty and which is
returned to BSQUARE with a copy of your receipt. This Limited Warranty is void
if failure of the SOFTWARE has resulted from accident, abuse, or misapplication.
Any replacement SOFTWARE will be warranted for the remainder of the original
warranty period or thirty (30) days, whichever is longer.
NO OTHER WARRANTIES. To the maximum extent
permitted by law, BSQUARE and its suppliers disclaim all other warranties,
either express or implied, including, but not limited to, implied warranties of
merchantability and fitness for a particular purpose, with regard to the
SOFTWARE and the accompanying written material. This limited warranty gives you
specific legal rights. You may have others which vary from state/jurisdiction to
state/jurisdiction
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To
the maximum extent permitted by law, in no event shall BSQUARE or its suppliers
be liable for any damages whatsoever (including, without limitation, damages for
loss of business profits, business interruption, loss of business information,
or other pecuniary loss) arising out of the use of or inability to use the
BSQUARE SOFTWARE, even if BSQUARE has been advised of the possibility of such
damages. Because some states/jurisdictions do not allow the exclusion or
limitation of liability for consequential or incidental damages, the above
limitation may not apply to you.
U.S. GOVERNMENT RESTRICTED RIGHTS
The SOFTWARE and documentation are provided with RESTRICTED RIGHTS. Use,
duplication or disclosure by the Government is subject to restrictions as 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 CFR 52.227-19, as
applicable. Manufacturer is BSQUARE Corporation, 3150 - 139th Ave., SE, Suite
500, Bellevue, WA 98005
Copyright(C) 2002 BSQUARE Corporation. All Rights Reserved.
Note that the future development of WinRT & WinDK products has been discontinued. Updates are available until V4.1 but sold "as is".