End User License Agreement (EULA) for XCTU

 

End-User License Agreement for Digi X-CTU Software

 

Important! Read Carefully: By installing the software, you are consenting to be bound by and are becoming a party to this end-user license agreement. 

This end-user license agreement (EULA) is a legal agreement between you (either an individual or a single entity) and Digi International, Inc. for the Digi X-CTU software, which includes computer software, sample code and may include associated media, printed materials and "on-line" or electronic documentation ("Software Product" or "Software"). The Software is covered by copyright and licensed (not sold).

 

Software Product License

 

The Software Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

 

1.     Grant of License

 

This EULA grants you the following rights:

 

Installation and Use. You may install and use the Software Product to test, update or generate software code for use on Digi International Inc. RF products only. The Software Product may not be used on non-Digi products without written consent from Digi International Inc.

 

Reproduction and Distribution. You may use, copy, modify, and distribute without charge an unlimited number of copies of the Software Product for use with Digi products only; provided that each copy shall be a true and complete copy, including all copyright and trademark notices, and shall be accompanied by a copy of this EULA. Copies of the Software Product may not be distributed for profit either on a standalone basis or included as part of your own product.

 

2.     Description of other rights and limitations.

 

Software Transfer. You may permanently transfer all of your rights under this EULA, provided the recipient agrees to the terms of this EULA.

 

Termination. Without prejudice to any other rights, your license rights shall automatically terminate if you fail to comply with any of the terms and conditions of this EULA. In such event, you must destroy all copies of the Software Product and all of its component parts.

 

3.     Copyright

 

All title and copyrights in and to the Software Product (including but not limited to any images, text, and "applets" incorporated into the Software Product and the object library), the accompanying printed materials, and any copies of the Software Product are owned by Digi International, Inc. The Software Product is protected by copyright laws and international treaty provisions. The Software Product is not open source software. Therefore, you must treat the Software Product like any other copyrighted material.

 

4.     No Warranties

 

DIGI INTERNATIONAL INC. EXPRESSLY DISCLAIMS ALL WARRANTIES FOR THE SOFTWARE PRODUCT. DIGI INTERNATIONAL INC. DOES NOT WARRANT THAT THE SOFTWARE PRODUCT IS ERROR FREE OR WILL WORK AS INTENDED. THE SOFTWARE PRODUCT AND ANY RELATED DOCUMENTATION IS 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 SOFTWARE PRODUCT REMAINS WITH YOU.

 

5.     No Liability For Incidental or Consequential Damages

 

IN NO EVENT SHALL DIGI INTERNATIONAL INC. 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 SOFTWARE PRODUCT, EVEN IF DIGI INTERNATIONAL INC. 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.

 

6.     Miscellaneous

 

This EULA is governed by the laws of the State of Minnesota.

 

IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS EULA, CLICK THE BUTTON THAT INDICATES YOU DO NOT ACCEPT THE TERMS AND DO NOT INSTALL THE SOFTWARE. IF YOU DO AGREE TO ALL OF THE TERMS OF THIS EULA, CLICK THE BUTTON INDICATING THAT YOU ACCEPT THE TERMS.