End User License Agreement   

Personal or Educational Use License: You may use NightStar LX only for your own personal noncommercial use, or educational use, on a single computer. Educational use is any noncommercial use in a school, college or university by teachers or students. Personal Use Licenses are transferrable, provided you distribute NightStar LX without charge and package it with other applications that are also distributed free of license and maintenance fees. Commercial System-based (or "Node-Locked") License: You may use NightStar LX only on a single designated computer by no more than the authorized number of simultaneous users. A single computer may have multiple CPUs, but all CPUs must be resident on a single motherboard or "blade." When multiple motherboards or blades are co-located in a single chassis, each individual motherboard or blade is counted as a separate computer. Commercial Floating License: You may install NightStar LX on an unlimited number of computers that are connected to an authorized network, but use is limited to the permitted number of simultaneous users. Commercial Embedded Product Development License: You may use NightStar LX for a single Project (as defined herein) for the purchased number of simultaneous users for internal use, development and testing purposes to support your development of software applications that contain NightStar LX, or a portion or derivative thereof, as an embedded or bundled component ("Embedded Target Licenses"). A "Project" is limited to a single target system application on which the Embedded Target Licenses reside and does not include major modifications to the target system, including but not limited to a new major version, major release, new generation or similar upgrade or revision that incorporates new modules, adds major functionality or experiences major structural or architectural changes. Evaluation (or Loaner License): You may use NightStar LX only for internal evaluation purposes and, unless we agree otherwise in writing, only for a period of ninety (90) days ("Loan Period"). Evaluation licenses are not transferrable under any circumstances, are provided "AS IS" and the LIMITED WARRANTY provisions of this EULA do not apply, as permitted under applicable law. Full License Agreement: CONCURRENT END-USER LICENSE AGREEMENT SOFTWARE PRODUCTS: Open Source Components: RedHawk Linux Operating System, RedHawk Cluster Manager, RedHawk High-Performance Math Package, RedHawk Global File System, RedHawk High Availability NFS, RedHawk Frequency Based Scheduler (FBS), RedHawk Target Licenses and all related documentation. Concurrent Proprietary Components: NightStar LX, NightStar RT, SIMulation Workbench, Laboratory Workbench, RedHawk Architect, MAXAda For RedHawk, MAXAda AXI For RedHawk, FORTRAN 77 For RedHawk, RedHawk Linux Systems Exerciser, RedHawk VME-To-PCI Support Library, RedHawk I/O Device Drivers and all related documentation. IMPORTANT - READ CAREFULLY! BY USING THE SOFTWARE PRODUCTS, YOU INDICATE THAT YOU HAVE READ AND ACCEPTED THE TERMS OF THIS EULA. This CONCURRENT COMPUTER CORPORATION ("CONCURRENT") End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a corporate entity) and CONCURRENT for the CONCURRENT software products identified above, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCTS"). The SOFTWARE PRODUCTS also include any updates and supplements to the original SOFTWARE PRODUCTS provided to you by CONCURRENT. Any software provided along with the SOFTWARE PRODUCTS that are associated with a separate end-user license agreement is licensed to you under the terms of that license agreement. By installing, copying, downloading, accessing or otherwise using the SOFTWARE PRODUCTS, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not use or install the SOFTWARE PRODUCTS and promptly return the SOFTWARE PRODUCTS, and the license price will be refunded. SOFTWARE PRODUCT LICENSE The SOFTWARE PRODUCTS are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCTS are licensed, not sold. 1. GRANT OF LICENSE AND LIMITATIONS. - Open Source Components: The Open Source Components are licensed pursuant to the GPL or LGPL, which is located in the component's source code and permits you to copy, modify, and redistribute (subject to certain obligations in some cases) the software component, in both source code and binary code forms. Copying, distributing, and modifying these components is governed by the terms of the GPL or LGPL. - Concurrent Proprietary Components: Subject to all of the terms and conditions of this EULA, CONCURRENT grants to you a non-exclusive, non-assignable, copyright license to use the SOFTWARE PRODUCTS. - Limitations: The scope and duration of your license is limited based on the type of license you obtained from CONCURRENT. - Evaluation (or Loaner License): You may use the SOFTWARE PRODUCTS only for internal evaluation purposes and, unless we agree otherwise in writing, only for a period of ninety (90) days ("Loan Period"). Evaluation licenses are not transferrable under any circumstances, are provided "AS IS" and the LIMITED WARRANTY provisions of this EULA do not apply, as permitted under applicable law. - Personal Use License (available for NightStar LX only). You may use the SOFTWARE PRODUCT only for your own personal noncommercial use, or educational use, on a single computer. Educational use is any noncommercial use in a school, college or university by teachers or students. Personal Use Licenses are transferrable, provided you distribute the SOFTWARE PRODUCT without charge and package it with other applications that are also distributed free of license and maintenance fees. - System-based (or "Node-Locked") License: You may use the SOFTWARE PRODUCTS only on a single designated computer by no more than the authorized number of simultaneous users. A single computer may have multiple CPUs, but all CPUs must be resident on a single motherboard or "blade." When multiple motherboards or blades are co-located in a single chassis, each individual motherboard or blade is counted as a separate computer. - Floating License: You may install the SOFTWARE PRODUCTS on an unlimited number of computers that are connected to an authorized network, but use is limited to the permitted number of simultaneous users. - Embedded Product Development License: You may use the SOFTWARE PRODUCTS for a single Project (as defined herein) for the purchased number of simultaneous users for internal use, development and testing purposes to support your development of software applications that contain the SOFTWARE PRODUCTS, or a portion or derivative thereof, as an embedded or bundled component ("Embedded Target Licenses"). A "Project" is limited to a single target system application on which the Embedded Target Licenses reside and does not include major modifications to the target system, including but not limited to a new major version, major release, new generation or similar upgrade or revision that incorporates new modules, adds major functionality or experiences major structural or architectural changes. 2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. - Limitations on Reverse Engineering, Decompilation, and Disassembly: You may not modify, reverse engineer, decompile, or disassemble the SOFTWARE PRODUCTS, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. - Binary user-level libraries: These include but are not limited to "libccur_rt" and "libccur_fbsched". You may link proprietary code with these libraries without affecting the proprietary status of that source code. You may NOT make copies of these libraries. You may NOT run an application linked with these libraries on any system other than a computer upon which the RedHawk Linux Operating System is installed and licensed. - Reservation of Rights: All rights not expressly granted are reserved by CONCURRENT. 3. SUPPORT FOR THE SOFTWARE PRODUCTS. The specific services you purchase from CONCURRENT will be described in the description provided by CONCURRENT (the "Services"). The Services shall be provided only for authorized copies of the SOFTWARE PRODUCTS which you are using in a manner consistent with the authority granted herein. You agree to promptly notify CONCURRENT if the number of copies or your use of the SOFTWARE PRODUCTS exceeds the number of copies or authorized use, based on Services for which you have paid. In your notice, you must include the date on which your non-compliance began. 4. UPGRADES. If the SOFTWARE PRODUCTS are labeled as an upgrade, you must be properly licensed to use a product identified by CONCURRENT as being eligible for the upgrade in order to use the SOFTWARE PRODUCTS. SOFTWARE PRODUCTS labeled as an upgrade replace and/or supplement (and may disable) the products that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded products only in accordance with the terms of this EULA. If the SOFTWARE PRODUCTS are an upgrade of a component of a package of software programs that you licensed as a single product, the SOFTWARE PRODUCTS may be used and transferred only as part of that single product package and may not be separated for use on more than one computer. 5. COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCTS (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCTS), the accompanying printed materials, and any copies of the SOFTWARE PRODUCTS are owned by CONCURRENT or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCTS are the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. If these SOFTWARE PRODUCTS contains documentation, which is provided only in electronic form, you may print one copy of such electronic documentation for each person with a need for such copy. 6. BACKUP COPY. After installation of one copy of the SOFTWARE PRODUCTS pursuant to this EULA, you may keep the original media on which the SOFTWARE PRODUCTS were provided by CONCURRENT solely for backup or archival purposes. If the original media is required to use the SOFTWARE PRODUCTS on the computer, you may make one copy of the SOFTWARE PRODUCTS solely for backup or archival purposes. Except as expressly provided in this EULA, you may not otherwise make copies of the SOFTWARE PRODUCTS or the printed material accompanying the SOFTWARE PRODUCTS. 7. AUDIT. CONCURRENT or its designated agent may, during normal business hours and during the term of any Services or the use of the SOFTWARE PRODUCTS and for one year thereafter, inspect your facilities and records to verify compliance with the terms of this EULA. CONCURRENT will give you written notice of any non- compliance and you will have fifteen (15) days after its receipt to make payment to CONCURRENT for the underpayment. If you have underreported the number of copies or otherwise exceeded the scope of use granted herein, resulting in an underpayment of more than five percent (5%), you agree to reimburse CONCURRENT for the costs it incurred to conduct the audit. 8. U.S. GOVERNMENT RESTRICTED RIGHTS. All SOFTWARE PRODUCTS are provided to the U.S. Government with the commercial license rights and restrictions described herein or "RESTRICTED RIGHTS" as applicable. Use, duplication or disclosure by the government is subject to restrictions set forth herein or in FAR52.227-14 and or DFAR252.227-7013 et seq., as applicable. All rights not expressly granted are reserved. Use of the SOFTWARE PRODUCTS by the government constitutes acknowledgment of CONCURRENT's rights. 9. EXPORT RESTRICTIONS. This EULA is subject to all applicable export restrictions. You must comply with all export and import laws and restrictions and regulations of any United States or foreign agency or authority relating to the SOFTWARE PRODUCT and its use. 10. UNAUTHORIZED USE. THE SOFTWARE PRODUCTS ARE NOT DESIGNED, INTENDED, OR AUTHORIZED FOR USE IN ANY TYPE OF SYSTEM OR APPLICATION IN WHICH THE FAILURE OF THE MATERIALS COULD CREATE A SITUATION WHERE PERSONAL INJURY OR DEATH MAY OCCUR. Should you purchase or use the SOFTWARE PRODUCTS for any such unintended or unauthorized use, you agree to indemnify and hold CONCURRENT and its officers, suppliers and affiliates harmless against all claims, costs, damages, and expenses, and reasonable attorney fees arising out of, directly or indirectly, any claim of product liability, personal injury or death associated with such unintended or unauthorized use, even if such claim alleges CONCURRENT was negligent regarding the design or manufacture of the part. 11. CONFIDENTIAL INFORMATION. The SOFTWARE PRODUCTS, the intellectual property and other proprietary rights associated with the SOFTWARE PRODUCTS, including the source code and object code, and any other information obtained under this EULA are Confidential Information of CONCURRENT. You agree to protect this Confidential Information with at least the same degree of care that you use to protect your own similar proprietary information, but in no event less than a reasonable standard of care. You must not: (i) disclose or otherwise permit any unauthorized person or entity access to, in any manner, the source code or object code of the SOFTWARE PRODUCT, or any part thereof in any form; or (ii) use the source code or object code of the SOFTWARE PRODUCT for any purpose other than as expressly permitted under this EULA. Nothing in this section will restrict your use or disclosure of information that: (a) was rightfully in your possession before it was received from CONCURRENT; (b) is independently developed by you without referring to CONCURRENT'S information or data; (c) is subsequently furnished to you by a third party not under any obligation of confidentiality with respect to such information or data, and without restrictions on use or disclosure; or (d) is or becomes available to the public other than through any act or default by you. LIMITED WARRANTY 1. LIMITED WARRANTY FOR SOFTWARE PRODUCTS ACQUIRED OUTSIDE THE USA. FOR THE LIMITED WARRANTIES AND SPECIAL PROVISIONS PERTAINING TO YOUR PARTICULAR JURISDICTION, PLEASE REFER TO YOUR WARRANTY BOOKLET INCLUDED WITH THIS PACKAGE OR PROVIDED WITH THE SOFTWARE PRODUCT PRINTED MATERIALS. 2. LIMITED WARRANTY FOR SOFTWARE PRODUCTS ACQUIRED IN THE US AND CANADA. CONCURRENT warrants that the SOFTWARE PRODUCTS will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt. CONCURRENT warrants that the media on which all components of the SOFTWARE PRODUCTS are furnished will be free from defects in materials and manufacture under normal use for a period of ninety (90) days from the date of shipment. CONCURRENT does not warrant that the functions contained in the SOFTWARE PRODUCTS will meet User's requirements or that the operation of the SOFTWARE PRODUCTS will be entirely error free, appear precisely as described in the accompanying documentation, or comply with regulatory requirements. This Limited Warranty is void if failure of the SOFTWARE PRODUCTS has resulted from accident, abuse, misapplication, alteration, or change by anyone other than CONCURRENT. CONCURRENT is not responsible for problems associated with or caused by incompatible operating systems or equipment, or for problems in the interaction of the SOFTWARE PRODUCTS with software not furnished by CONCURRENT. No oral or written information or advice given by CONCURRENT or its employees or agents shall, in any way, extend, modify, or add to this Limited Warranty. 3. CUSTOMER REMEDIES. CONCURRENT's and its suppliers' entire liability and your exclusive remedy shall be, at CONCURRENT's option, either (a) return of the price paid, if any, or (b) repair or replacement of the SOFTWARE PRODUCTS that do not meet CONCURRENT's Limited Warranty and which are returned to CONCURRENT with a copy of your receipt. Any replacement SOFTWARE PRODUCTS will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States, neither these remedies nor any product support services offered by CONCURRENT are available without proof of purchase from an authorized international source. 4. NO OTHER WARRANTIES. THE WARRANTY AND REMEDY PROVIDED ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. This Limited Warranty gives you specific legal rights. You may have others, which vary from state/jurisdiction to state/jurisdiction. 5. LIMITATION OF LIABILITY. IN NO EVENT WILL CONCURRENT, OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES, BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS INFORMATION, BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE PRODUCTS, EVEN IF CONCURRENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you. 6. INTELLECTUAL PROPERTY INDEMNITY. Up to the amount you spent on the license to any allegedly infringing SOFTWARE PRODUCTS, CONCURRENT will defend any suit or proceeding against you based upon a claim that any SOFTWARE PRODUCTS furnished hereunder constitute infringement of any U.S. patents, copyrights or trade secrets. If CONCURRENT is notified promptly in writing and given full and complete authority, information and assistance (at its expense) for the defense of same, CONCURRENT will pay all damages and costs therein awarded against you. CONCURRENT shall not be responsible for any compromise made without its express written consent. In the event that the SOFTWARE PRODUCTS in such suit are held to be infringing and the use of such SOFTWARE PRODUCTS is enjoined, CONCURRENT will, at its own expense and at its sole option, either procure for you the right to continue using such SOFTWARE PRODUCTS, or render it non-infringing, or remove such SOFTWARE PRODUCTS and grant you a credit therefore, as depreciated. CONCURRENT shall not have any liability to you under any provision of this clause if any patent, copyright, or trade secrets infringement or claim thereof, results from modification or alteration of the product by you or your agents or use of SOFTWARE PRODUCTS furnished by Concurrent in combination with equipment or other devices not made by CONCURRENT or in any manner for which the SOFTWARE PRODUCTS were not licensed or designed. MISCELLANEOUS 1. TRANSFER. Unless otherwise provided herein, you may not transfer the SOFTWARE PRODUCTS without the written consent of CONCURRENT unless you are a U.S. federal government contractor and the SOFTWARE PRODUCTS are being transferred to a federal government agency pursuant to your contract. 2. TRADEMARKS. This EULA does not grant you any rights in connection with any trademarks or service marks of CONCURRENT. You may not remove or alter any trademark, logo, copyright or other proprietary notice in or on the SOFTWARE PRODUCTS. 3. TERMINATION. Without prejudice to any other rights, CONCURRENT may terminate this EULA without notice if you fail to comply with the terms and conditions of this EULA. You may terminate this EULA at any time. Upon termination, you must destroy all copies of the SOFTWARE PRODUCTS and all of their component parts. 4. GOVERNING LAW. This EULA shall be construed and enforced in accordance with the laws of the State of Georgia, except with respect to its conflict of laws provisions. The parties consent to exclusive jurisdiction and venue in the federal courts sitting in the Northern District of Georgia, unless no federal subject matter jurisdiction exists, in which case you consent to exclusive jurisdiction and venue in the Superior Court of Gwinnett County, Georgia. You waive all defenses of lack of personal jurisdiction and forum non conveniens. Process may be served on either party in the manner authorized by applicable law or court rule. If either party employs attorneys to enforce any rights arising out of or relating to this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees. The parties agree that the U.N. Convention on the International Sale of Goods is not applicable to this Agreement. 5. SEVERABILITY. If any provision herein is declared invalid, the other provisions shall remain in full force and effect, and this Agreement will be deemed amended to replace, to the extent legally possible, the invalid provision. 6. WAIVER. Any failure or delay in exercising any right or remedy by either party will not be deemed a waiver of any further, prior, or future right or remedy hereunder. 7. NOTICES. Should you have any questions concerning this EULA, or if you desire to contact CONCURRENT for any reason, please contact the CONCURRENT subsidiary serving your country, or write: CONCURRENT COMPUTER CORPORATION, 4375 River Green Parkway, Suite 100, Duluth, Georgia 30096. 8. ACKNOWLEDGEMENT. By using the SOFTWARE PRODUCTS, you acknowledge that you have read this EULA, understand it, and agree to be bound by its terms and conditions. Should you have any questions concerning this EULA, contact CONCURRENT, at the above stated address. (C)2009 Concurrent Computer Corporation. All rights reserved. CONCURRENT EULA 02/11/10 Revision 8.3

ライセンス条項に同意します