Echelon LonMaker User Manual

Page 386

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Appendix E – LonMaker Software License Agreement

Routers; and

(i) transfer Your rights under this Agreement (including all unused LonMaker Credits) to an end user of

the Licensed Software; provided that (i) You require the transferee to execute both copies of the
Software License Transfer Agreement included with the Licensed Software and (ii) You retain one
(1) signed original thereof and furnish Echelon with a copy of same upon request. This right of
transfer is exercisable on a one-time-only basis, and Your transferee shall have no right whatsoever
to further transfer any rights to the Licensed Software.

You may not, and shall not permit others to:

(a) install the Licensed Software on more than one (1) Primary Computer and one (1) Additional

Computer, use the Licensed Software on more than one (1) computer at a time, allow any individual
other than the primary user to use the Licensed Software on the Additional Computer, or use the
Licensed Software on the Additional Computer to Commission or Recover L

ON

W

ORKS

Devices;

(b) copy the Licensed Software or Documentation (except as expressly permitted above);

(c) except for the limited rights granted above, use the Licensed Software to perform any part of the

process required to Commission or Recover more than sixty four (64) (for the “Professional
Edition”) or more than five (5) (for the “Standard Edition”) L

ON

W

ORKS

Devices unless LonMaker

Credits are purchased from Echelon or an Echelon-approved LonMaker Credit reseller within
fourteen (14) days of such commissioning or recovery;

(d) modify, translate, reverse engineer, de-compile, disassemble or otherwise attempt (i) to defeat,

avoid, bypass, remove, deactivate, or otherwise circumvent any software protection mechanisms in
the Licensed Software, including without limitation any such mechanism used to restrict or control
the functionality of the Licensed Software, or (ii) to derive the source code or the underlying ideas,
algorithms, structure or organization from the software from the Licensed Software (except to the
extent that such activities may not be prohibited under applicable law), or

(e) except for the limited rights granted above, distribute, rent, loan, lease, transfer or grant any rights in

the Licensed Software or modifications thereof or accompanying documentation in any form to any
person without the prior written consent of Echelon.

This license is not a sale. The Licensed Software may contain or be derived from materials provided to
Echelon under license from a third party supplier. Title, copyrights, and all other rights to the Licensed
Software, Documentation, and any copy made by You remain with Echelon or its suppliers.
Unauthorized copying of the Licensed Software or the accompanying documentation, or failure to
comply with the above restrictions, will result in automatic termination of this license and will make
available to Echelon and its suppliers other legal remedies.

TERMINATION

This license will continue until terminated. Unauthorized copying of the Licensed Software or failure to
comply with the above restrictions will result in automatic termination of this Agreement and will make
available to Echelon other applicable legal remedies. This license will also automatically terminate if
you go into liquidation, suffer or make any winding up petition, make an arrangement with your
creditors, or suffer or file any similar action in any jurisdiction in consequence of debt. Upon
termination of this license for any reason you will destroy all copies of the Licensed Software. Any use
of the Licensed Software after termination is unlawful.

TRADEMARKS

You may make appropriate and truthful reference to Echelon and Echelon products and technology in
your company and product literature; provided that you properly attribute Echelon's trademarks and do
not use the name of Echelon or any Echelon trademark in Your name or product name. No license is
granted, express or implied, under any Echelon trademarks, trade names, trade dress, or service marks.

WARNING

THIS LICENSE GIVES YOU THE RIGHT TO COMMISSION UP TO SIXTY-FOUR (64) (FOR
THE “PROFESSIONAL EDITION”) OR UP TO FIVE (5) (FOR THE “STANDARD EDITION”)
LONWORKS DEVICES. TO COMMISSION MORE THAN THE SUCH APPLICABLE NUMBER
OF LONWORKS DEVICES, YOU MUST PURCHASE LONMAKER CREDITS FROM ECHELON

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