This is a legal agreement between you and Dallas Semiconductor Corporation ("DS") for the DS products, which may include associated software components, media, printed materials, and "online" or electronic documentation. Each JavaTM powered iButton® (the "Java powered iButton") is licensed under the following terms (the license "Agreement"). If you do not agree with the terms of the agreement, do not install the Java powered iButton. If the Java powered iButton license was licensed by you, you may return the product within 30 days of shipment for a full refund.
The Java powered iButton is protected by copyright, trademark, patent laws, international copyright treaties, and intellectual property laws.
1. GRANT OF LICENSE. DS grants you a non-exclusive, world-wide, royalty free, restrictive license to use the Java powered iButton, which is restricted to one unit under this license, as your personal authentication token.
2. COPYRIGHT. All title, including but not limited to copyrights, in and to the Java powered iButton product are owned by DS. All title and intellectual property rights in and to the content which may be accessed through use of the Java powered iButton product is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This license Agreement grants you no rights to use such content. All rights not expressly granted are reserved by DS.
3. INTEGRITY OF Java powered iButton. You may permanently transfer all of your rights under this License, provided the recipient agrees to the terms of this License. You may not tamper, attempt to open, deliberately subject to environmental stress beyond its operating parameters, copy, reverse engineer, revise, or misuse the Java powered iButton.
4. EXPORT RESTRICTIONS. You agree that you will not export or re-export the Java powered iButton product to any country, person, entity or end user subject to U.S.A. export restrictions. Restricted countries currently include, but are not necessarily limited to, Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria. You agree that neither the U.S.A. Bureau of Export Administration nor any other federal agency has suspended, revoked or denied your export privileges.
5. LIMITED WARRANTIES. DS expressly disclaims any warranty for the Java powered iButton product other than replacement of a returned defective Java powered iButton for one (1) year. The Java powered iButton product AND ANY RELATED DOCUMENTATION, IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE Java powered iButton REMAINS WITH YOU. DS is under no obligation to issue new Java powered iButtons.
6. LIMITATION OF LIABILITY. To the maximum extent permitted by applicable law, in no event shall DS be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the Java powered iButton or the provision of or failure to provide Support Services, even if DS has been advised of the possibility of such damages. In any case, DS' entire liability under any provision of this Agreement shall be limited to the greater of the amount actually paid by you for the Java powered iButton or US$4.00. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you. You assume the entire risk for theft, damage, destruction or loss of the Java powered iButton during the term of this Agreement and thereafter.
7. Survival Clause. The parties' rights and obligations under Articles 2,3,6,7,8,9,11 shall survive expiration or termination of this Agreement for any reason.
8. U.S. GOVERNMENT RIGHTS. This Java powered iButton is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFAS 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 Dallas Semiconductor, 4401 Beltwood Pkwy, Dallas, Texas 75244-3292.
9. TERMINATION. WITHOUT PREJUDICE TO ANY OTHER RIGHTS, DS MAY TERMINATE THIS AGREEMENT IF YOU FAIL TO COMPLY WITH THE TERMS AND CONDITIONS OF THIS LICENSE.
10. MISCELLANEOUS. This is the complete and exclusive statement of the terms of this Agreement between you and DS; no other terms shall be binding. This Agreement is governed by the laws of the state of Texas.
IN WITNESS WHEREOF, both parties have caused this License to be affirmed and delivered by its duly authorized representative on the date affirmed by licensee (the "Effective Date") to be effective as of the Effective Date as noted below.
2012061
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