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APPENDIX F: End User License Agreements
READ BEFORE USING THE ACCOMPANYING SOFTWARE
CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THE ACCOMPANYING SOFTWARE, THE USE OF
WHICH IS LICENSED FOR USE ONLY AS SET FORTH BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS
AGREEMENT, DO NOT USE THE SOFTWARE. IF YOU USE ANY PART OF THE SOFTWARE, SUCH USE WILL INDICATE THAT YOU
ACCEPT THESE TERMS.
You have acquired a product that includes Tripp LIte (“Tripp LIte”) proprietary software and/or proprietary software licensed to
Tripp LIte. This Tripp LIte End User License Agreement (“EULA”) is a legal agreement between you (either an individual or a
single entity) and Tripp LIte for the installed software product of Tripp LIte origin, as well as associated media, printed materials,
and “online” or electronic documentation (“Software”). By installing, copying, downloading, accessing, or otherwise using the
Software, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, Tripp LIte is not willing
to license the Software to you. In such event, do not use or install the Software. If you have purchased the Software, promptly
return the Software and all accompanying materials with proof of purchase for a refund.
Products with separate end user license agreements that may be provided along with the Software are licensed to you under the
terms of those separate end user license agreements.
LICENSE GRANT. Subject to the terms and conditions of this EULA, Tripp LIte grants you a nonexclusive right and license to install
and use the Software on a single CPU, provided that, (1) you may not rent, lease, sell, sublicense or lend the Software; (2) you
may not reverse engineer, decompile, disassemble or modify the Software, except and only to the extent that such activity is
expressly permitted by applicable law notwithstanding this limitation; and (3) you may not transfer rights under this EULA unless
such transfer is part of a permanent sale or transfer of the Product, you transfer at the same time all copies of the Software to
the same party or destroy such materials not transferred, and the recipient agrees to this EULA.
No license is granted in any of the Software’s proprietary source code. This license does not grant you any rights to patents,
copyright, trade secrets, trademarks or any other rights with respect to the Software.
You may make a reasonable number of copies of the electronic documentation accompanying the Software for each Software
license you acquire, provided that, you must reproduce and include all copyright notices and any other proprietary rights notices
appearing on the electronic documentation. Tripp LIte reserves all rights not expressly granted herein.
INTELLECTUAL PROPERTY RIGHTS. The Software is protected by copyright laws, international copyright treaties, and other
intellectual property laws and treaties. Tripp LIte and its suppliers retain all ownership of, and intellectual property rights in
(including copyright), the Software components and all copies thereof, provided however, that (1) certain components of the
Software, including SDT Connector, are components licensed under the GNU General Public License Version 2, which Tripp LIte
supports, and (2) the SDT Connector includes code from JSch, a pure Java implementation of SSH2 which is licensed under
BSD style license. Copies of these licenses are detailed below and Tripp LIte will provide source code for any of the components
of the Software licensed under the GNU General Public License upon request.
EXPORT RESTRICTIONS. You agree that you will not export or re-export the Software, any part thereof, or any process or service
that is the direct product of the Software in violation of any applicable laws or regulations of the United States or the country in
which you obtained them.
U.S. GOVERNMENT RESTRICTED RIGHTS. The Software and related documentation are provided with Restricted Rights. Use,
duplication, or disclosure by the Government is subject to restrictions 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 C.F.R. 52.227-19, as applicable, or any successor regulations.
TERM AND TERMINATION. This EULA is effective until terminated. The EULA terminates immediately if you fail to comply with any
term or condition. In such an event, you must destroy all copies of the Software. You may also terminate this EULA at any time
by destroying the Software.
GOVERNING LAW AND ATTORNEY’S FEES. This EULA is governed by the laws of the State of Utah, USA, excluding its conflict of
law rules. You agree that the United Nations Convention on Contracts for the International Sale of Goods is hereby excluded in its
entirety and does not apply to this EULA. If you acquired this Software in a country outside of the United States, that country’s
laws may apply. In any action or suit to enforce any right or remedy under this EULA or to interpret any provision of this EULA,
the prevailing party will be entitled to recover its costs, including reasonable attorneys’ fees.
ENTIRE AGREEMENT. This EULA constitutes the entire agreement between you and Tripp LIte with respect to the Software, and
supersedes all other agreements or representations, whether written or oral. The terms of this EULA can only be modified by
express written consent of both parties. If any part of this EULA is held to be unenforceable as written, it will be enforced to the
maximum extent allowed by applicable law, and will not affect the enforceability of any other part.
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