Turbo License
Turbo Architecture™ Software License Agreement
Turbo Architecture™ IMPORTANT - Carefully read the following terms and conditions BEFORE installing this software. Installing or using the software indicates your complete and unconditional acceptance of these terms and conditions. LICENSE: Iteris, Inc. ("Iteris") licenses Turbo Architecture™ software ("Software"), whether provided on storage media, in firmware, electronically or otherwise as follows: GRANT OF LICENSE. Iteris grants to the user of this Software ("Licensee") a non-exclusive, non-transferable license to copy and use the Software. The Software is "in use" on a computer when it is loaded into the temporary memory (i.e. RAM) or installed into the permanent memory (e.g., hard disk or other storage device) of that computer. Title to the Software is not transferred to the Licensee by this grant of license. Ownership and title to the Software are retained by Iteris and/or the Federal Highway Administration ("FHWA"). COPYRIGHT. The Software is copyrighted by Iteris and is protected by United States copyright laws and international treaty provisions. All backup copies of the Software must contain the applicable copyright notice. Licensee shall not rent, sell, disclose, publish, assign, lease, sublicense, create derivative products, service, transfer, or use the Software in any manner not expressly authorized by this License. Derivation or attempted derivation of the source code or structure of all or any portion of the Software by reverse engineering, decompiling, disassembly, or any other means and/or creating derivative works based on the Software are prohibited. TERMINATION. This License is effective until terminated. Licensee may terminate the license by destroying all copies of the Software including copies that exist for backup purposes or that exist on computer hard disk or other permanent storage. This License will terminate immediately if Licensee fails to comply with any of the terms of this License. NO WARRANTY/LIMITATION OF LIABILITY. SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, ARISING BY LAW, CUSTOM OR CONDUCT, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ITERIS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCT IS WITH LICENSEE. IN NO EVENT SHALL ITERIS OR ITS SUPPLIERS OR RESELLERS OR THE FHWA HAVE ANY LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, INTERRUPTION OF SERVICE, OR OTHER SPECIAL OR INDIRECT DAMAGES, ATTORNEY'S FEES, COURT COSTS, OR FOR ANY LOSS, DAMAGE, OR EXPENSE DIRECTLY OR INDIRECTLY ARISING FROM USE OF THE SOFTWARE, OR ANY INABILITY TO USE IT EITHER SEPARATELY OR IN COMBINATION WITH OTHER SOFTWARE, EQUIPMENT OR MATERIALS, OR FROM ANY OTHER CAUSE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Licensee agrees that it is the responsibility of the Licensee to understand fully the limitations of and assumptions underlying the Software and to refrain from use of the Software without the assistance of personnel with appropriate expertise. Licensee accepts all responsibility for review, application, and use of the Software output including, but not limited to, all responsibility for use of output and certification that any such output meets provisions of any applicable design code, standard, or specification. This agreement is governed by the laws of the State of California, excluding its choice of law provisions. U.S. GOVERNMENT RIGHTS The Software is copyrighted data first produced in performance of Department of Transportation, Federal Highway Administration (FHWA) Contract DTFH61-96-C-00103. U. S. Government rights are as specified at 48 CFR 52.227-14 Rights in Data--General, paragraph (c)(1). Contractor is Iteris, Inc. 1700 E. Carnegie Avenue, Santa Ana, CA 92705. |
