Windows XP Embedded Supplemental
Toolkit
Tools Release 2
by Sean Liming and John R. Malin
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License
Agreement
By using the software in
this toolkit and on this CD you agree to the following: END-USER LICENSE
AGREEMENT FOR SJJ EMBEDDED MICRO SOLUTIONS SOFTWARE IMPORTANT-READ CAREFULLY:
This End-User License Agreement ("EULA") is a legal agreement
between you (either an individual or a single entity) and SJJ Embedded Micro Solutions,
LLC (“SJJ Embedded Micro Solutions”) for the SJJ Embedded Micro Solutions
software product accompanying this EULA, which includes computer software and
may include associated media, printed materials, and online or electronic
documentation ("SOFTWARE PRODUCT"). By installing, copying, or
otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of
this EULA. If you do not agree to the terms of this EULA, do not install,
copy, or use the SOFTWARE PRODUCT. 1. GRANT OF LICENSE In consideration of your
payment of applicable license fees, SJJ Embedded Micro Solutions hereby
grants to you, and you accept, a nonexclusive, nontransferable license for a
SINGLE SOFTWARE DEVELOPER to install, use, and display a single copy of the
SOFTWARE PRODUCT. You may move the SOFTWARE PRODUCT from one computer to
another, and the SOFTWARE PRODUCT may be resident on more than one computer
at any one time as long as it is only for the use of a SINGLE SOFTWARE DEVELOPER.
If you purchase a site license for the SOFTWARE PRODUCT (“Site License”),
then the EULA extends to include all software developers within the
purchasing organization and located at the same business address or who from
time to time telecommute from home or other locations external to the
business address. You may use the SOFTWARE
PRODUCT for the purpose of developing your own software applications, in
accordance with the terms of this EULA. A copy of the SOFTWARE PRODUCT may be
made for archival or backup purposes as long as it contains all the original
SOFTWARE PRODUCT proprietary notices. You may not sublicense, rent, distribute,
lease or otherwise transfer or assign any or all of your rights in the
SOFTWARE PRODUCT. You may use the SOFTWARE PRODUCT solely in its original
form, and may not change, alter or modify the SOFTWARE PRODUCT, translate,
reverse assemble, reverse compile, disassemble, or in any way reverse
engineer the SOFTWARE PRODUCT. If bug fixes, enhancements, or updates to the
SOFTWARE PRODUCT or new versions of the SOFTWARE PRODUCT are made available
to and are obtained by you, then they shall become part of the SOFTWARE
PRODUCT and governed by the terms of this EULA. SJJ Embedded Micro Solutions
reserves all rights not expressly granted to you in this EULA.
Notwithstanding the foregoing, you may assign your rights in the SOFTWARE
PRODUCT to any individual or entity that you merge with or into or that
acquires substantially all of your assets or stock. 2. RIGHTS IN SOFTWARE
PRODUCT You acknowledge that the
SOFTWARE PRODUCT and any copies, regardless of the form or media in which the
original or copies may exist, are the sole and exclusive property of SJJ
Embedded Micro Solutions; by accepting this EULA, you do not become the owner
of the SOFTWARE PRODUCT recorded on the media. You further acknowledge that
the SOFTWARE PRODUCT, including the code, logic and structure of the SOFTWARE
PRODUCT, contain valuable trade secrets belonging to SJJ Embedded Micro
Solutions. You agree to secure and protect the SOFTWARE PRODUCT consistent
with the maintenance of SJJ Embedded Micro Solutions' rights in the SOFTWARE
PRODUCT, as set forth in this EULA. 3. COPYRIGHT All title and copyrights in
and to the SOFTWARE PRODUCT (including but not limited to any images and text
incorporated into the SOFTWARE PRODUCT), the accompanying printed materials,
and any copies of the SOFTWARE PRODUCT are owned by SJJ Embedded Micro
Solutions or its suppliers. The SOFTWARE PRODUCT is protected by copyright
laws and international treaty provisions. Therefore, you must treat the
SOFTWARE PRODUCT like any other copyrighted material. You may not copy the printed
materials, if any, accompanying the SOFTWARE PRODUCT. 4. CREATING APPLICATIONS You may freely distribute
your own applications that use the SOFTWARE PRODUCT as a runtime component
("Applications") without payment to SJJ Embedded Micro Solutions,
if and only if the Applications: (a) contain only the runtime component of
the SOFTWARE PRODUCT; and (b) contain no modifications to the SOFTWARE
PRODUCT (including alterations to the original proprietary notices); and (c)
do not provide substantially the same functionality as the SOFTWARE PRODUCT
or have as one of their purposes to build other software that would compete
with the SOFTWARE PRODUCT; and (d) do not reproduce or distribute any portion
of the documentation for the SOFTWARE PRODUCT or document the Application in
a manner that identifies the programmatic interface to the SOFTWARE PRODUCT;
and (e) are subject to a license agreement that (i) limits Application
end-users use of the SOFTWARE PRODUCT to a runtime component, (ii) restricts
the Application end-user from changing, altering or modifying the SOFTWARE
PRODUCT, creating derivative works, translations, reverse assembling, reverse
compiling, disassembling, or in any way reverse engineering the SOFTWARE
PRODUCT, and (iii) prevents the Application end-user from sublicensing,
renting, distributing, leasing or otherwise transferring or assigning any
portion of the SOFTWARE PRODUCT other than as specifically permitted in this
EULA. 5. SAMPLE APPLICATIONS Solely with respect to those
portions of the SOFTWARE PRODUCT identified as sample code ("Sample
Code"), SJJ Embedded Micro Solutions also grants you the right to use
and modify the Sample Code for the sole purposes of designing, developing,
and testing software product(s), and to reproduce and distribute the Sample
Code, along with any modifications thereof, provided that you agree to: (A)
distribute the Sample Code only in conjunction with and as a part of a
software application product or Web page developed by you that adds
significant and primary functionality or design to the Sample Code
("Application"); (B) not use SJJ Embedded Micro Solutions' name,
logo, or trademarks to market the Application; (C) include a valid copyright
notice on the Application; (D) indemnify, hold harmless, and defend SJJ Embedded
Micro Solutions from and against any claims or lawsuits, including attorney's
fees, that arise or result from the use or distribution of the Application;
(E) not permit further distribution of the Sample Code by your end user. 6. TERM This EULA shall be perpetual
unless you fail to observe any of its terms, in which case it shall terminate
immediately, and without additional prior notice, provided, however, that
copies of the runtime component of the SOFTWARE PRODUCT that are part of the
Applications licensed to third parties may be retained by such licensed third
parties in accordance with this EULA. Upon termination or expiration of this
EULA, you shall destroy the original and all copies, complete or partial, of
the SOFTWARE PRODUCT, and shall not access such media for the purpose of
recovering any of the SOFTWARE PRODUCT. The terms of Sections 2, 3, 7, 8, 9,
10, 11, 12, 13 and 14 shall survive termination of this EULA. 7. The SOFTWARE PRODUCT 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 SJJ Embedded Micro Solutions/11921 Tivoli Park
Row #5/San Diego Ca /92128/ 8. EXPORT RESTRICTIONS You agree that neither you
nor your customers intend to or will, directly or indirectly, export or
transmit (i) the SOFTWARE PRODUCT or related documentation and technical data
or (ii) your software product, or process, or service that is the direct
product of the SOFTWARE PRODUCT, to any country to which such export or
transmission is restricted by any applicable U.S. regulation or statute,
without the prior written consent, if required, of the Bureau of Export
Administration of the U.S. Department of Commerce, or such other governmental
entity as may have jurisdiction over such export or transmission. 9. DISCLAIMER OF WARRANTY THE SOFTWARE PRODUCT IS
PROVIDED "AS-IS," WITHOUT WARRANTY OF ANY KIND, AND ANY USE OF THE
SOFTWARE PRODUCT IS AT YOUR OWN RISK. To the maximum extent permitted by
applicable law, SJJ EMBEDDED MICRO SOLUTIONS and its suppliers disclaim all
warranties AND CONDITIONS, either express or implied, including, but not
limited to, implied warranties AND CONDITIONS of merchantability, fitness for
a particular purpose, TITLE, AND NON-INFRINGEMENT, with regard to the
SOFTWARE PRODUCT. 10. LIMITATION ON LIABILITY To the maximum extent
permitted by applicable law, in no event shall SJJ Embedded Micro Solutions
or its suppliers 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 SOFTWARE PRODUCT, even if SJJ Embedded Micro Solutions
has been advised of the possibility of such damages. In no event shall SJJ
Embedded Micro Solutions' liability exceed the price paid to SJJ Embedded
Micro Solutions for the SOFTWARE PRODUCT. 11. INDEMNIFICATION You hereby agree to
indemnify SJJ Embedded Micro Solutions and its officers, directors,
employees, agents, and representatives from each and every demand, claim,
loss, liability, or damage of any kind, including actual attorneys fees,
whether in tort or contract, that it or any of them may incur by reason of,
or arising out of, any claim which is made by any third party with respect to
any breach or violation of this EULA by you or any claims based on the
SOFTWARE PRODUCT included therein. 12. ENTIRE AGREEMENT YOU ACKNOWLEDGE THAT YOU
HAVE READ THIS LICENSE, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND
CONDITIONS. YOU ALSO AGREE THAT THIS LICENSE IS THE COMPLETE AND EXCLUSIVE
STATEMENT OF THE AGREEMENT BETWEEN SJJ EMBEDDED MICRO SOLUTIONS AND YOU, WHICH
SUPERSEDES ANY PROPOSAL, PRIOR AGREEMENT, OR LICENSE, ORAL OR WRITTEN, AND
ANY OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATTER OF THIS EULA. 13. MISCELLANEOUS If any term of this EULA shall
be found invalid, the term shall be modified or omitted to the extent
necessary, and the remainder of the EULA shall continue in full effect. 14. GOVERNING LAW This EULA will be governed
by the laws in force in the State of PUBLISHER
CONTACT:
SJJ Embedded Micro
Solutions 11921
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