License Agreement
KAM RR, Inc.
BY USING THIS WORK, HARDWARE DEVICE OR ANY COPYRIGHTED MATERIAL YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. DO NOT USE THIS WORK UNTIL YOU HAVE CAREFULLY READ AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, NOTIFY KAMRR, INC. (license@kamrr.com) OR PROMPTLY RETURN THE UNOPENED PACKAGE AND ANY ACCOMPANYING ITEMS
LICENSE: KAM RR, Inc (“KAM”) grants you the right to use the enclosed WORK program, hardware device, AND ALL copyrightable material, INCLUDING ALL MANUALS AND COPYRIGHTABLE DOCUMENTATION PROVIDED HEREIN (the "WORK") as described below. You will not use, copy, modify, rent, sell, reverse engineer or transfer the WORK or any portion thereof except as provided in this Agreement.
You may:
1. Use the Server component of the WORK on a single computer;
2. Use the WORK only with KAM certified hardware devices;
3. Copy the WORK solely for backup or archival purposes,
4. Use multiple clients per the simultaneous use license of your WORK for
network (or local) clients; or
5. Develop Train Server client WORK applications using the WORK on a second computer.
RESTRICTIONS:
You Will Not:
1. Use the WORK or cause the WORK to exceed the licensed simultaneous
use;
2. Sublicense or Rent the WORK;
3. Reverse engineer, decompile, or disassemble the WORK or serial number;
4. Copy the WORK except as provided in this Agreement;
5. Distribute or publish the WORK serial number or algorithms that generate
that serial number;
6. Distribute whole or parts of copyrighted WORK and/or WORK documentation without a written KAM license agreement;
7. Install demonstration versions or non-registered versions (not activated)
more than one (1) time; or
8. Operate demonstration, non-activated or trial WORK greater than the time
period.
LIMITED USE LICENSE:
Copyright © 2010. KAMRR grants limited permission to use any
Documents (e.g., software, source code, white papers, press releases, datasheets, website, user manuals, FAQs),
does not grant permission to create any derivative works, with the limited
permission to use provided that (1) that both the copyright notice and this
limited permission notice appear in full, (2) use of such Documents is for
personal non-commercial use, (3) shall not be copied into (in whole or in part)
or posted anywhere (in whole or in part) on any network computer, computer
software, or broadcast in any media, (4) in the event that an injunction exists
against KAMRR or an affiliate, the prevailing parties permission to use
Documents in any manner is revoked, (5) in the event that any lawsuit is filed
against KAMRR or an affiliate, the permission to use the Documents by the
plaintiff or defendant in any manner is revoked, (6) no derivative works or
modifications of any the Documents may be made, and (7) there are no oral
or implied licenses to the Documents without a written agreement signed by both
parties. Any other use of the Documents requires express written
permission signed by both parties. A violation of any terms of this agreement is a copyright violation.
KAMRR AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS
PUBLISHED FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED
"AS IS" WITHOUT WARRANTY OF ANY KIND. KAMRR AND/OR ITS RESPECTIVE SUPPLIERS
HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS,
IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT. IN NO EVENT SHALL KAMRR AND/OR ITS RESPECTIVE SUPPLIERS BE
LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF
CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION
WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED COULD INCLUDE TECHNICAL
INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. KAMRR AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS
AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY
TIME.
Engine Commander, Classic Panel, CDPRO, Computer Dispatcher, Computer
Dispatcher Pro, Consist Commander, Decoder Commander, Enginterface, KAM
Industries, KAMRR, Layout Commander, Layout Manager, LocoCe, LocoWinCe,
RailDriver Commander, Signal Commander, Smart Decoder, The Conductor, Train
Basic, Train Controls, Train Move, Train Priority, Train Server, Train Tools,
Why play with toys when you can use the prototype, Software for the Digital
Railroad and Video Speed are registered trademarks. Products covered under
Patent 6065406, 6267061, 6270040, 6460467, 6494408, 6676089,
6702235, 6827023, 6877699, Ger 29923834.2, GB 2353228, CDN 2330931 and other US
and international patents pending. Visual Studio Express is a
Registered Trademark of Microsoft Corporation. All rights reserved. All
other marks and brands are the property of their respective companies and
owners.
APPLICABLE LAW: This Agreement is governed by the laws of the
state of Oregon and the United States, including patent and copyright laws. Any
claim arising out of this Agreement will be brought in Federal District Court
for the District of Oregon in Portland, Oregon. The parties waive any other
venue to which either party might be entitled by domicile or otherwise.
KAMRR, Inc., KAMIND IT, Inc., and KAMIND ASSOCIATES LICENSE AGREEMENT
Date 3/15/2010 Revision: 20.