MASTER SOFTWARE LICENSE AGREEMENT

End User Licence Agreement (EULA)

DEFINITION

  • Mbient Software = www.mbientlab.com/developers
  • Mbient Hardware = www.mbientlab.com/store
  • Mbient Firmware = www.mbientlab.com/releases

EULA

MbientLab grants you a non-exclusive license to use, access, modify, and redistribute the APIs, example software, example code, tutorials, example Apps, and documentation provided by MbientLab that expressly refers to this agreement (“Mbient Software”) for the purpose of developing, implementing and publishing Applications according to the following terms:

LIMITATIONS

You may not use the Mbient Software unless you agree to abide by our terms which can be found at www.mbientlab.com/terms.

The License limits your use, and you acknowledge, that the Mbient Software may be modified, copied, and distributed ONLY when used in conjunction with MbientLab products (“Mbient Hardware” and “Mbient Firmware”).

WARRANTY DISCLAIMER

MBIENTLAB DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES WITH RESPECT TO INFRINGEMENT.

LIMITATION OF LIABILITY

IN NO EVENT WILL MBIENTLAB BE LIABLE FOR ANY DAMAGES, INCLUDING LOSS OF DATA, LOST PROFITS, COST OF COVER OR OTHER SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING FROM THE USE OF THE MBIENT SOFTWARE, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF MBIENTLAB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

NO IMPLIED LICENSE

UNDER THIS AGREEMENT, MBIENTLAB GRANTS AND YOU RECEIVE NO LICENSE UNDER ANY MBIENTLAB PATENTS OR ANY OTHER MBIENTLAB INTELLECTUAL PROPERTY.

GENERAL

This Agreement will be governed by the laws of the State of California. This Agreement is the entire agreement between us and supersedes any other communications or advertising with respect to the Mbient Software, Mbient Hardware, and Mbient Firmware. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

Mbient Hardware and Mbient Firmware ARE THE SOLE PROPERTY OF MBIENTLAB and NO LICENSE OF ANY KIND IS GIVEN OR IMPLIED UNDER THIS AGREEMENT.

Should you have any questions regarding your right to use the Mbient Software, Mbient Firmware, and Mbient Hardware, please contact MbientLab.