- LICENSE : Quanta hereby grants You a license under its copyrights
- if the Materials are provided to you as a separate binary file for remotely managing the TECHMAN Hardware, to copy the Materials in binary form onto your computers for your internal evaluation of an TECHMAN hardware-based server board, system or accessory (the "TECHMAN Hardware") for which such Materials have been provided;
- if the Materials are pre-loaded onto the TECHMAN Hardware, to use the Materials only in connection with such TECHMAN Hardware for evaluation purposes only, and
- if the Materials are in original or modified human readable text files (.txt), upon TECHMAN's prior consent, to modify the Materials.
RESTRICTIONS : Except as otherwise provided herein or expressly agreed by TECHMAN, You may not, or will not allow a third party to
- sell, lease, license, sublicense, assign, distribute or otherwise transfer or encumber by any means in whole or in part the Materials;
- copy, reproduce, republish, upload, post or transmit the Materials in any way;
- You may not disclose, distribute or transfer any part of the Materials, and you agree to prevent unauthorized copying of the Materials;
- You may not reverse engineer, decompile, or disassemble the Materials;
- modify or create derivative works based upon the Materials;
- use the Materials to create a competitive offering.
THIRD PARTY LICENSES : The Materials may contain the Materials and other property of third party suppliers, some of which may be identified in, and licensed in accordance with, an enclosed "Software License Agreement ("SLA")" file or other similarly-named text or file. In particular, without limitation, this license does not apply to the open source components distributed with the software. The corresponding open source licenses are attached to the open source components and are the only licenses that apply to the open source components.
OWNERSHIP OF MATERIALS AND COPYRIGHTS : Title to all copies of the Materials remain with TECHMAN or its licensors. The Materials are copyrighted and protected by the laws of the United States and other countries, and international treaty provisions. You may not remove any copyright notices from the Materials. TECHMAN may make changes to the Materials, or to items referenced therein, at any time without notice, but is not obligated to support or update the Materials. Except as otherwise expressly provided above, TECHMAN grants no express or implied right under TECHMAN patents, copyrights, trademarks, or other TECHMAN intellectual property rights. You may transfer the Materials only if the recipient agrees to be fully bound by these terms and if you retain no copies of the Materials. Transfer of the license terminates your right to use the Materials.
DISCLAIMER OF WARRANTY : THE MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TECHMAN DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
LIMITATION OF LIABILITY : NEITHER TECHMAN NOR ITS LICENSORS SHALL BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, NOR FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER UNDER THIS AGREEMENT OR OTHERWISE, EVEN IF TECHMAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
AUDIT : TECHMAN reserves the right to conduct or have conducted audits to verify Your compliance with this Agreement.
LICENSE TO USE COMMENTS AND SUGGESTIONS : This Agreement does NOT obligate You to provide TECHMAN with comments or suggestions regarding the Materials. However, should You provide TECHMAN with comments or suggestions for the modification, correction, improvement or enhancement of
- the Materials or
- TECHMAN products or processes which work with the Materials, you hereby grant to TECHMAN a non-exclusive, worldwide, royalty-free license, with the right to sublicense TECHMAN's licensees and customers, under your TECHMAN intellectual property rights, the rights to use and disclose such comments and suggestions in any manner TECHMAN chooses and to display, perform, copy, make, have made, use, sell, and otherwise dispose of TECHMAN's and its sublicenses' products embodying such comments and suggestions in any manner and via any media TECHMAN chooses, without reference to the source.
TERMINATION OF THIS LICENSE : TECHMAN may terminate this license at any time if You are in breach of any of its terms or conditions. Upon termination, You will immediately destroy the Materials or return all copies of the Materials to TECHMAN along with any copies You have made.
CAPACITY AND AUTHORITY TO CONTRACT : You represent that you are of the legal age of majority in your state, province jurisdiction of residence and, if applicable, you are duly authorized by your employer to enter into this contract.
ENTIRE AGREEMENT : This Agreement is intended to be the entire agreement between You and TECHMAN with respect to matters contained herein, and supersedes all prior or contemporaneous agreements and negotiations with respect to those matters. No waiver of any breach or default shall constitute a waiver of any subsequent breach or default. If any provision of this Agreement is determined by a court to be unenforceable, You and TECHMAN will deem the provision to be modified to the extent necessary to allow it to be enforced to the extent permitted by law, or if it cannot be modified, the provision will be severed and deleted from this Agreement, and the remainder of the Agreement will continue in effect.
APPLICABLE LAWS : This Agreement shall be governed by and construed in accordance with the laws of the State of California, US. If You use this site from outside United State, You are entirely responsible for compliance with applicable local laws, including but not limited to the export and import laws of other countries.