License.txt (DC, 03.22.02) -=---------------=- TINI Firmware 1.02e -=---------------=- -------------------------------------------------------------------- Go to http://www.ibutton.com/TINI/book.html for an online version of "The TINI Specification and Developer's Guide". -------------------------------------------------------------------- Dallas Semiconductor Standard Software End-User License Agreement NOTE: THIS IS A LEGAL AGREEMENT BETWEEN DALLAS SEMICONDUCTOR CORPORATION ("DALLAS") AND YOU (EITHER AN INDIVIDUAL OR SINGLE ENTITY) FOR THE SOFTWARE PRODUCTS WHICH FOLLOW (COLLECTIVELY THE "SOFTWARE PRODUCT"). PLEASE READ THIS DOCUMENT and any provided supplemental license terms (COLLECTIVELY THE "AGREEMENT") CAREFULLY. IF YOU DO NOT DO NOT AGREE, CLICK DISAGREE. BY OPENING THE SOFTWARE MEDIA PACKAGE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCESSING THE SOFTWARE ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING THE "AGREE" BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, PROMPLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE OF PURCHASE FOR A REFUND OR, IF THE SOFTWARE IS ACCESSED ELECTRONICALLY, SELECT THE "DISAGREE" BUTTON AT THE END OF THIS AGREEMENT. 1. GRANT OF LICENSE. This Agreement grants you the following rights: You may install, use, access, display, run or otherwise interact with ("RUN") one copy of the SOFTWARE PRODUCT, on a single computer, workstation, terminal or other digital electronic device ("COMPUTER"). All rights not expressly granted are reserved by DALLAS. 2. RESTRICTIONS. Title to the SOFTWARE PRODUCT and all associated intellectual property rights are retained by DALLAS and/or its licensors. You may not resell, or otherwise transfer for value, the SOFTWARE PRODUCT. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. 3. SEPARATION OF COMPONENTS. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one COMPUTER. 4. COPYRIGHTS AND TRADEMARKS. This AGREEMENT does not grant you any rights in connection with any copyrights or trademarks of DALLAS. All title and copyrights in and to the accompanying printed or electronically supplied materials and or documentation is owned by DALLAS. This AGREEMENT grants you no rights to use such content. You may not copy the printed materials accompanying the SOFTWARE PRODUCT. 5. RENTAL. You may not rent, lease, or lend the SOFTWARE PRODUCT. 6. LIMITED WARRANTY. The SOFTWARE PRODUCT IS PROVIDED "AS IS". TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DALLAS AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES OR BUG FIXES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. Your exclusive remedy and DALLAS' entire liability under this limited warranty will be at DALLAS' option to replace the SOFTWARE PRODUCT or refund the fee paid for the SOFTWARE PRODUCT. 7. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL DALLAS OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF DALLAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Dallas' liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you for the SOFTWARE PRODUCT under this agreement. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose. 8. TERMINATION. This AGREEMENT is effective until terminated. You may terminate this AGREEMENT at any time by destroying all copies of the SOFTWARE PRODUCT. This AGREEMENT will terminate immediately without notice from DALLAS if you fail to comply with any provision of this AGREEMENT. Upon Termination, you must destroy all copies of the SOFTWARE PRODUCT. 9. EXPORT REGULATIONS. The SOFTWARE PRODUCT and all technical data delivered under this AGREEMENT are subject to US export control laws and may be subject to export or import regulations in other countries. You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain such licenses to export, re-export, or import as may be required after delivery to you. 10. U.S. Government Restricted Rights. If the SOFTWARE PRODUCT is being acquired by or on behalf or the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), then the Government's rights in the SOFTWARE PRODUCT and accompanying documentation will be only as set forth in this AGREEMENT; this is in accordance with 48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD) acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions). 11. MISCELLANEOUS. This AGREEMENT is the entire agreement between you and DALLAS relating to the subject matter. It supercedes all prior or contemporaneous oral or written communications, proposals, presentations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this AGREEMENT. No modification of this AGREEMENT will be binding, unless in writing and signed by an authorized representative of each party. If you are acquiring this SOFTWARE PRODUCT in the United States, this AGREEMENT is governed by the laws of the state of Texas. If this SOFTWARE PRODUCT was acquired outside the United States, then local law may apply. Should you have any questions concerning this AGREEMENT, please contact, Dallas Semiconductor Corporation, Contracts Administration, 4401 South Beltwood Pkwy, Dallas, Texas 75244-3292. TINI(TM) SOFTWARE DEVELOPMENT KIT SUPPLEMENTAL LICENSE TERMS These supplemental license terms ("SUPPLEMENTAL TERMS") add to or modify the terms of the TINI Development Software License Agreement (collectively, the "AGREEMENT"). Capitalized terms not defined in these Supplemental Terms shall have the same meanings ascribed to them in the AGREEMENT. These Supplemental Terms shall supersede any inconsistent or conflicting terms in the AGREEMENT, or in any license contained within the SOFTWARE PRODUCT. 1. INTERNAL USE AND DEVELOPMENT LICENSE GRANT. Subject to the terms and conditions of this AGREEMENT, including, but not limited to, Section 2 (REDISTRIBUTABLES) and Section 4 (TINI TECHNOLOGY RESTRICTIONS) of these SUPPLEMENTAL TERMS, DALLAS grants you a non-exclusive, non-transferable, limited license to reproduce the SOFTWARE PRODUCT for internal use only for the sole purpose of development of your application ("PROGRAM"), provided that you do not redistribute the SOFTWARE PRODUCT in whole or in part, either separately or included with any PROGRAM. 2. REDISTRIBUTABLES. In addition to the license granted in Paragraph 1 above, DALLAS grants you non-exclusive, non-transferable, limited license to reproduce and distribute. TINI SOFTWARE DEVELOPMENT KIT("TINI SDK") software, those files specifically identified as redistributable in APPENDIX "A" of this AGREEMENT, attached hereto and incorporated by reference herein (the "REDISTRIBUTABLES") provided that: (a) you distribute the REDISTRIBUTABLES complete and unmodified (unless otherwise specified in the applicable APPENDIX "A"), and only bundled as part of your software PRODUCT and applications that you develop (the "PROGRAMS";); (b) you do not distribute additional software intended to supersede any component(s) of the REDISTRIBUTABLES; (c) you do not remove or alter any proprietary legends or notices contained in or on the REDISTRIBUTABLES; (d) you only distribute the REDISTRIBUTABLES pursuant to your PROGRAM'S license agreement that protects DALLAS' interests consistent with the terms contained in the AGREEMENT; (e) you agree to defend and indemnify DALLAS and its licensors from and against any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results from the use or distribution of any and all Programs and/or SOFTWARE PRODUCT, (f) you agree not to post the SOFTWARE PRODUCT in whole or in part on an Internet Web Site without the express consent of DALLAS, (g) you agree to only license your PROGRAM(S) in conjunction with i) A TINI Board obtained from DALLAS, or ii) The TINI Chip Set, which must include the Registration Number (h) you agree all PROGRAMS created for use with the SOFTWARE PRODUCT will only be licensed to execute in conjunction with an Ethernet Address Chip ("DS2502") or other approved substitute, which is subject to express DALLAS approval; and (i) you understand and agree the terms under which the PROGRAMS are licensed shall include the Embedded Registration Number contained within the Ethernet Address Chip, which shall serve as evidence of the validity of this license and your rights to REDISTRIBUTE the SOFTWARE PROGRAM under this Section. 3. SEPARATE DISTRIBUTION LICENSE REQUIRED. You understand and agree that you must first obtain a separate license from DALLAS prior to reproducing or modifying any portion of the SOFTWARE PRODUCT other than as provided with respect to REDISTRIBUTABLES in Paragraph 2 above. 4. TINI TECHNOLOGY RESTRICTIONS. You may not modify any Binary File ("BINARY FILE"), identified as files contained within the downloadable distribution package, which is available from www.iButton.com in a compressed format ("COMPRESSED FILE") or any subpackages, including any "tini.tbin" ("TBIN") file obtained from DALLAS, by creating additional files for use with an 8051 microprocessor or for use within the NVRAM or FLASH PROM memory areas or otherwise causing the addition to or modification of the files in any TBIN package. In the event that you create an additional file and associated API(s) which (i) extends the functionality of a TINI environment, and (ii) is exposed to third party software developers for the purpose of developing additional software which invokes such additional API, you must promptly publish broadly an accurate specification for such API for free use by all developers. Refer to the appropriate version of the Binary Code License (currently located at http://www.iButton.com) for the availability of code, which may be distributed with TINI Software Products and applications. You may not post for any reason in whole or in part the SOFTWARE PRODUCT on an Internet website or transfer any right hereunder except for the rights granted in Section 2 of this AGREEMENT. 5. Trademarks and Logos. You acknowledge and agree as between you and DALLAS that DALLAS owns the iButton trademark and all iButton-related trademarks, service marks, logos and other brand designations including the iButton Compatibility logo and TINI Compatibility logo ("DALLAS MARKS"), and you agree to comply with the DALLAS Trademark and Logo Usage Requirements currently located at http://www.iButton.com/. Any use you make of the DALLAS MARKS inures to DALLAS' benefit. 6. Source Code. Software may contain source code that is provided solely for reference purposes pursuant to the terms of this AGREEMENT. 7. TERMINATION. DALLAS may terminate this AGREEMENT immediately should any Software become, or in DALLAS' opinion be likely to become, the subject of a claim of infringement of a patent, trade secret, copyright or other intellectual property right. APPENDIX "A" tini.tbin