IMPORTANT - READ CAREFULLY:
THIS LICENSE IS A LEGAL DOCUMENT setting
forth the terms under which AXEL
(“Licensor”) and its licensors and suppliers
(collectively
referred to as “Third Party Suppliers”)
are willing to license to you firmware
which is
owned by Licensor and/or its Third Party
Suppliers, who are intended third party
beneficiaries under this License.
Definitions
AXEL-Firmware:
AXEL software embedded in AXEL-Hardware.
The user can read but not modify this software.
AXEL-Firmware is stored in a read-only
memory integrated circuit chip in the
AXEL-Hardware. This chip
maintains its contents even if power is
removed.
AXEL-Firmware is composed of:
- Proprietary Axel
Operating System Kernel
- Standard terminal emulations
- Support for VNC, RDP and ICA protocols
Third Party Suppliers:
specifications of AXEL-Firmware are in part
public and in other part licensed from third
parties:
- by MICROSOFT® for RDP WINDOWS®
protocol.
- by CITRIX® for ICA® protocol.
Acceptance.
You have acquired an AXEL-Hardware device
that includes AXEL-Firmware, some of which
is licensed by Licensor from Third Party
Suppliers. Licensor licenses AXEL-Firmware, together
with any associated printed materials, and
“online” or electronic documentation,
on your acceptance of all of the
terms contained within this License. Please read
this Agreement carefully before unpacking,
downloading, installing or using the
AXEL-Hardware device. By unpacking or using
the AXEL-Hardware device, you agree to be
bound by the terms of this License. IF YOU
DO NOT AGREE TO THESE TERMS, DO NOT USE THE
AXEL-Hardware DEVICE OR COPY THE
AXEL-Firmware. In this situation immediately CONTACT
LICENSOR FOR INFORMATION ON RETURNING THE
UNUSED DEVICE AND ALL ACCOMPANYING MATERIALS
FOR A REFUND. ANY USE OF THE AXEL-Hardware
DEVICE, WILL CONSISTUTE YOUR AGREEMENT TO
THIS LICENSE (OR RATIFICATION OF ANY
PREVIOUS CONSENT).
Grant.
Licensor grants to you a non-exclusive
right, during the term of this License, to
install and/or use the AXEL-Firmware. You
have the right to use this AXEL-Firmware by
loading it onto a computer containing the
capability of transferring the AXEL-Firmware
to the AXEL-Hardware device. You may use the
AXEL-Firmware in this fashion as many times
as necessary.
Copyright. The
AXEL-Firmware and all related documentation
are protected under the laws and treaties of
copyright and intellectual property. All
title and copyrights in and to the
AXEL-Firmware and any copies of the
AXEL-Firmware are owned and retained by
Licensor and/or its Third Party Suppliers.
You may copy and use the AXEL-Firmware and
related printed materials, and “online” or
electronic documentation only as expressly
permitted in this License. You must
reproduce and maintain all proprietary
marks, legends, and copyright notices that
appear in/or on the AXEL-Firmware and
related materials, or any portion thereof,
on any copies of the AXEL-Firmware or
related materials that you make or use.
Third Party Suppliers named in such
copyright notices shall each have the right
to enforce provisions of this License.
Restrictions.
You may not sell, rent or lease the
AXEL-Firmware. You may not decompile,
reverse engineer, disassemble or otherwise
decode or alter the AXEL-Firmware, or
attempt to do any of the same, except and
only to the extent that applicable law
notwithstanding this limitation expressly
permits such activity.
AXEL-Firmware Transfer.
You may permanently transfer to another
party ownership of the AXEL-Hardware device
and equipment, including all of your rights
under this License to use the AXEL-Firmware,
provided you retain no copies, you transfer
the entire product (including the
AXEL-Hardware device and AXEL-Firmware and
printed materials), and the recipient
accepts and agrees to the terms and
conditions of this License.
Other Licenses
Client Access Licenses.
If you use the AXEL-Hardware device to
access or utilize the services or
functionality of Microsoft Windows server
products (such as Microsoft Windows NT
Server 4.0 or Windows 2000 – 2003 Server, -
all editions- ), or use the AXEL-Hardware
device to permit workstation or computing
devices to access or utilize the services or
functionality of Microsoft Windows Server
products, you may be required to obtain a
Client Access License for the AXEL-Hardware
device and/or each such workstation or
computing device. Please refer to the end
user license agreement for your Microsoft
Window Server product for additional
information.
Termination.
This License will terminate automatically if
you fail to comply with any of its terms and
conditions, including in particular all
actions as defined in paragraph
"restrictions". Upon termination for any
reason, you agree to promptly destroy all
copies of the AXEL-Firmware and related
material or return all such copies to
Licensor.
Disclaimer of Warranty.
The AXEL-Firmware is provided “AS IS” with
all faults and no warranties of any kind,
whether express, implied
or
statutory. THE ENTIRE RISK AS TO
SATISFACTORY QUALITY, PERFORMANCE,
ACCURACY AND EFFORTS (INCLUDING LACK OF
NEGLIGENCE) IS WITH YOU. LICENSOR
SPECIFICALLY DISCLAIMS ALL WARRANTIES,
REPRESENTATIONS, OR CONDITIONS, INCLUDING,
BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OR
CONDITION OF MERCHANTABILITY,
NON-INFRINGEMENT, CORRESPONDENCE TO
DESCRIPTION OR FITNESS FOR A PARTICULAR
PURPOSE. LICENSOR DOES NOT WARRANT THAT THE
FUNCTIONS CONTAINED IN THE AXEL-FIRMWARE
WILL MEET YOUR REQUIREMENTS OR THAT THE
OPERATION WILL BE UNINTERRUPTED OR ERROR
FREE. ALSO THERE IS NO WARRANTY AGAINST
INTERFERENCE WITH YOUR SATISFACTION WITH THE
AXEL-FIRMWARE. ANY WARRANTIES THAT YOU HAVE
RECEIVED FROM LICENSOR ASSOCIATED WITH THE
DEVICE DO NOT ORIGINATE FROM, AND ARE NOT
BINDING ON, LICENSOR'S THIRD PARTY
SUPPLIERS.
SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES, SO THE
ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY.
IN NO EVENT SHALL LICENSOR OR ANY THIRD
PARTY SUPPLIER BE LIABLE FOR ANY DIRECT,
CONSEQUENTIAL, INCIDENTAL, INDIRECT, OR
SPECIAL DAMAGES, INCLUDING WITHOUT
LIMITATION COST OF COVER, LOST PROFITS, OR
LOSSES RESULTING FROM BUSINESS INTERRUPTION
OR LOSS OF DATA, REGARDLESS OF THE FORM OF
ACTION OR LEGAL THEORY UNDER WHICH THE
LIABILITY MAY BE ASSERTED, EVEN IF ADVISED
OF THE POSSIBILITY OR LIKELIHOOD OF SUCH
DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION
MAY NOT APPLY TO YOU.
REMEDIES.
NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT
INCUR FOR ANY REASON WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, ALL DAMAGES REFERENCED
ABOVE AND ALL DIRECT OR GENERAL DAMAGES),
THE ENTIRE LIABILITY OF LICENSOR AND ANY
THIRD PARTY SUPPLIERS UNDER ANY PROVISION OF
THIS AGREEMENT, AND YOUR EXCLUSIVE REMEDY
FOR ALL OF THE FOREGOING, SHALL BE LIMITED
TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE
AXEL-Hardware DEVICE.
AXEL-Firmware updates or supplements.
Any AXEL-Firmware provided to you by
Licensor which updates or supplements the
original AXEL-Firmware is governed by this
License unless alternative terms are
provided with such updates or supplements.
Entire Agreement.
You agree that this License is the complete
and exclusive statement of agreement between
you and Licensor, and that it supersedes any
prior proposal or agreement, oral or
written, and any other communication
relating to the AXEL-Firmware, other than
payment terms. No vendor, provider, OEM,
sales representative, or other person is
authorized to modify this License or to make
any warranty, representation or promise that
is different from those set forth in this
License.
Governing Law.
This License shall be governed by and
interpreted in accordance with:
For sales in United States of America and Canada:
by the laws of the State of Florida of the
United States of America.
For sales in other worldwide countries:
by the French laws