This end user license agreement (“EULA”) governs the use of “Thinvent Embedded Linux – Thin Client Firmware”, and any related updates, source code, appearance, structure and organization (the “Programs”), regardless of the delivery mechanism.
1. License Grant. Subject to the following terms, Thinvent Technologies Pvt. Ltd. (“Thinvent”) grants to you (“User”) a non-exclusive, non-transferable, perpetual right (without the right to sublicense) to use the Programs in executable, machine-readable form. The Programs are either a modular operating system or an application consisting of hundreds of software components. With the exception of certain files that are the sole property of Thinvent, the license agreement for each software component is located in the software component’s source code and permits User to run, copy, modify, and redistribute (subject to certain obligations in some cases) the software component, in both source code and binary code forms. This EULA pertains solely to the Programs and does not limit User’s rights under, or grant User rights that supersede, the license terms of any particular component.
2. Intellectual Property Rights. The Programs and each of their components are owned by Thinvent and others and are protected under copyright law and under other laws as applicable. Title to the Programs and any component, or to any copy, modification, or merged portion shall remain with the aforementioned, subject to the applicable license.
3. Limited Warranty. Except as specifically stated in this Section 3, a separate agreement with Thinvent, or a license for a particular component, to the maximum extent permitted under applicable law, the Programs and the components are provided and licensed “as is” without warranty of any kind, expressed or implied, including the implied warranties of merchantability, non-infringement or fitness for a particular purpose. Thinvent warrants that the media on which the Programs and the components are furnished will be free from defects in materials and manufacture under normal use for a period of 30 days from the date of delivery to User. Thinvent does not warrant that the functions contained in the Programs will meet User’s requirements or that the operation of the Programs will be entirely error free, appear precisely as described in the accompanying documentation, or comply with regulatory requirements. This warranty extends only to the party that purchases services pertaining to the Programs from Thinvent or a Thinvent authorized distributor.
4. Limitation of Remedies and Liability. To the maximum extent permitted by applicable law, User’s exclusive remedy under this EULA is to return any defective media within 30 days of delivery along with a copy of User’s payment receipt and Thinvent, at its option, will replace it or refund the money paid by User for the media. To the maximum extent permitted under applicable law, neither Thinvent, any Thinvent authorized distributor, nor the licensor of any component provided to User under this EULA will be liable to User for any incidental or consequential damages, including lost profits or lost savings arising out of the use or inability to use the Programs or any component, even if Thinvent, such authorized distributor or licensor has been advised of the possibility of such damages. In no event shall Thinvent’s liability, an authorized distributor’s liability or the liability of the licensor of a component provided to User under this EULA exceed the amount that User paid to Thinvent under this EULA during the twelve months preceding the action.