﻿                   END-USER LICENSE AGREEMENT

This end-user license agreement is a legal agreement between you (either an 
individual or a single entity) and Etherios ("Etherios") for use of Etherios
technology. This license applies to the product with which it was provided,
which may be a Development Kit or Etherios Software.  By using the product,
you are consenting to be bound by and are becoming a party to this end-user
license agreement.

1	DEFINITIONS:

   1.1  "Etherios Software" shall mean the computer software code that is 
        distributed by Etherios and not subject to third-party ownership rights.
   
   1.2  "Development Kit" refers to a combination of Digi Hardware, Etherios 
        Software, and documentation and may also include third-party components.

2	COPYRIGHT AND INTELLECTUAL PROPERTY

   All title and copyrights in and to the design, release and underlying 
   intellectual property of the software are owned by Etherios. The Etherios 
   Software is protected by copyright laws and international treaty provisions.
   The Etherios Software is not open source software unless specifically stated.
   Therefore, you must treat the Etherios Software like any other copyrighted 
   material.

3	SOFTWARE

   Etherios Software is covered by copyright and licensed (not sold). Etherios 
   Software is licensed only for use by the person or organization that is the 
   intended end user and only for the purpose of evaluating Etherios Software 
   and developing solutions that incorporate Etherios Software and Services.
   
4	THIRD-PARTY COMPONENTS

   A Development Kit may contain third-party components. THE LICENSE TO USE A 
   THIRD-PARTY COMPONENT IS PROVIDED SEPARATELY. YOUR USE OF THIRD PARTY 
   COMPONENTS WILL BE PURSUANT TO THE THIRD-PARTY LICENSE.

5	WARRANTIES

   ETHERIOS EXPRESSLY DISCLAIMS ALL WARRANTIES FOR THE ETHERIOS 
   SOFTWARE AND ANY THIRD PARTY COMPONENTS.  ETHERIOS DOES 
   NOT WARRANT THAT THE ETHERIOS SOFTWARE IS ERROR FREE OR WILL WORK AS 
   INTENDED. THE ETHERIOS SOFTWARE AND ANY RELATED DOCUMENTATION ARE PROVIDED 
   "AS IS" WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR 
   IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF 
   MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. 
   THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE  ETHERIOS 
   TECHNOLOGY REMAINS WITH THE END-USER. 

6	LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES

   IN NO EVENT SHALL ETHERIOS 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 ANY
   OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS
   PRODUCT, EVEN IF ETHERIOS 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.

7	MISCELLANEOUS

   This agreement is governed by the laws of the State of Minnesota. You agree 
   to comply with all applicable United States export control laws and 
   regulations concerning export and re-export of products, technology and 
   documentation, including without limitation, the laws and regulations 
   administered by the United States Department of Commerce and the United 
   States Department of State.
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