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Copyright and Trademarks


© 1995 Livingston Enterprises, Inc. All rights reserved.

The product names, "ComOS," "IRX," "PortMaster," "PMconsole," and "TelePath" are trademarks belonging to Livingston Enterprises, Inc.

All other product brand names mentioned in this manual are trademarks or registered trademarks of their respective manufacturers.

Disclaimer


Livingston Enterprises, Inc. makes no express or implied representations or warranties with respect to the contents or use of this manual, and specifically disclaims any implied warranties of merchantability or fitness for a particular purpose. Livingston Enterprises, Inc. further reserves the right to revise this manual and to make changes to its content at any time, without obligation to notify any person or entity of such revisions or changes.

FCC Class A Notice - United States


Computing devices and peripherals manufactured by Livingston Enterprises, Inc. generate, use, and can radiate radio frequency energy, and if not installed and used in accordance with the instructions contained in this manual, may cause interference to radio communications. Such equipment has been tested and found to comply with the limits for a Class A computing device pursuant to Subpart J of Part 15 of the FCC Rules, which are designed to provide reasonable protection against radio interference when operated in a commercial environment. Operation of this equipment in a residential area is likely to cause interference, in which case the user - at his own expense - will be required to take whatever measures may be required to correct the interference.

Some components may not have been manufactured by Livingston Enterprises, Inc. If not, Livingston Enterprises has been advised by the manufacturer that the component has been tested and complies with the Class A computing device limits as described above.

End User Product Agreement


This End User Product Agreement (the "Agreement") is a legal agreement between yourself, the individual or enterprise (the "Customer") which has acquired the hardware and software internetworking products contained in this packaging (the "Products"), and Livingston Enterprises, Inc., a California corporation ("Livingston"). You are requested to please carefully read the following terms and conditions. By using the enclosed Products, you accept this Agreement, and further agree to be bound by the terms and conditions contained herein. If you are not willing to be bound by the terms and conditions of this Agreement, then you must promptly return the Products to where you obtained them, or to Livingston, whereupon you will be provided with a full refund of your money, provided that there has been no damage to the Products which has been incurred due to your negligent use or handling thereof.

1. License Grant. Livingston grants to Customer the non-exclusive, non-transferable right and license to use the applicable Livingston proprietary software, whether enclosed herein in whatever form or media, or acquired electronically, as follows: (i) Customer shall have the right to use one (1) copy of the Livingston operating system ("ComOS") software on each hardware product acquired hereunder, and (ii) Customer shall have the right to reproduce, copy, use and distribute, in machine-readable (object code) form only, the Livingston software which is provided to Customer for administration, host device emulation and client remote access, provided however, that the use of such software must be made solely in conjunction with Livingston manufactured hardware products.

2. License Restrictions. Customer agrees that it will not attempt to reverse engineer, decompile or disassemble any Livingston software provided hereunder. Customer further agrees that it will not sublicense, rent, lease or assign any Livingston software provided hereunder, except that Customer may assign the software with the Products to a third party by operation of law, provided that the assignee is bound to the terms and conditions contained in this Agreement as a condition of assignment.

3. Ownership and Copyright. The Products provided to Customer hereunder are proprietary to Livingston and the software is protected by copyright, under the United States copyright laws and certain international treaties. Customer acknowledges and agrees that, while it shall acquire title to the hardware, it is acquiring only the right to use the software as provided for hereunder, and that all ownership and intellectual property rights not herein specifically granted to Customer are expressly reserved by Livingston.

4. Limited Warranty. Livingston warrants to the benefit of Customer only, for a term of one (1) year from the date of delivery of the Products to Customer, that under normal use and service: (i) the hardware and the software media shall be free from any defects in materials and workmanship, and (ii) the software will substantially conform to the functional specifications which are set forth in the applicable Product User's Manual.

5. Livingston Obligations; Customer Remedies. Livingston's sole obligation and liability under this limited warranty shall be to repair or replace any defective hardware or software media component and to remedy any substantial non-conformance of the software to the functional specifications set forth in its applicable User's Manual. If Livingston is unable to satisfy the foregoing limited warranty obligations during the warranty term, then Livingston shall, upon Customer's request for termination of the Agreement and return of the Products, refund to Customer all sums paid to Livingston for the purchase and licensing of the Products hereunder. THE FOREGOING REMEDIES ARE THE SOLE AND EXCLUSIVE REMEDIES AVAILABLE TO CUSTOMER FOR THE BREACH OF THE LIMITED WARRANTY SET FORTH IN THIS SECTION 5.

6. Disclaimer of Implied Warranties. EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET FORTH IN SECTION 5 ABOVE, LIVINGSTON MAKES NO OTHER EXPRESS WARRANTIES. TO THE EXTENT AUTHORIZED BY APPLICABLE LAW, LIVINGSTON SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

7. Limitation of Liability. Livingston's cumulative liability to Customer, or any third party, for loss or damages resulting from any claim, demand or action arising out of or relating to this Agreement or the use of Livingston Products, shall not exceed the amount paid to Livingston for the purchase and licensing of the Products. IN NO EVENT SHALL LIVINGSTON BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR EXEMPLARY DAMAGES OR LOST PROFITS, EVEN IF LIVINGSTON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR SUCH DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

8. U.S. Government Restricted Rights. If the Products are acquired by or on behalf of a unit or agency of the United States Government, by GSA or otherwise, then the Products 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 in subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights, at 48 CFR 52.227-19, as applicable. Manufacturer is Livingston Enterprises, Inc., 6920 Koll Center Parkway, Pleasanton, California 94566, (510) 737-2100.

9. Export Law Assurances. Customer agrees and certifies that the Products will not be shipped, transferred or re-exported, directly or indirectly, into any country prohibited by the United States Export Administration Act and the regulations promulgated thereunder, and that use of the Products will not be prohibited by such laws.

10. Term. This Agreement shall be effective upon the Customer's opening of the Product packaging and shall continue until terminated. Customer may terminate at any time by discontinuing use of the Products. Livingston may terminate this Agreement upon a material breach by Customer that remains uncured for a period of thirty (30) days after notice to Customer by Livingston specifying such material breach.

11. Integration; Governing Law. This Agreement represents the entire Agreement between the parties hereto and supersedes any prior or contemporaneous proposal, representation or understanding. The Agreement shall be construed and enforced in accordance with the laws of the State of California, USA. If the Products are distributed outside of the USA, then the United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed, and shall not apply to the performance or interpretation of this Agreement.



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Copyright © 1997, Livingston Enterprises, Inc. All rights reserved.