LEGO Mindstorms EULA - English

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Transcript of LEGO Mindstorms EULA - English

[LEGO Digital Designer 1

LEGO MINDSTORMS NXT Software End User License AgreementThis License for the LEGO MINDSTORMS NXT product and software developers kits other than the Excluded Material identified below (hereinafter the "Software") is granted by LEGO System A/S, Aastvej 1, DK-7190 Billund, Denmark (hereinafter "LEGO System").IMPORTANT -- READ CAREFULLY: This is a legal agreement between you (either an individual or entity), and LEGO System. It imposes certain restrictions on your use of the Software. LEGO System and its suppliers and licensors (collectively, hereinafter LEGO) retain ownership of the Software, and no rights are granted to you other than a license to use the Software and accompanying documentation (hereinafter referred to as the Documentation) on the terms expressly set forth in this Agreement. By clicking on the "I accept the License Agreement(s)" button below you agree to be and are hereby bound by the terms of this License Agreement. If you do not agree to the terms of this Agreement, you must promptly return or destroy all copies of the Software, including any accompanying Documentation and any copies you downloaded from the LEGO.com website.The Software is distributed by LEGO and/or its authorized distributors on CD-ROM and/or through the LEGO.com website only. If you have obtained the Software from any other source, it may be defective or significantly revised from the original product. Use of any modified version is at your own risk.I. GRANT OF LICENSE: LEGO System hereby grants you (the User) a non-exclusive, limited license to use the Software and Documentation for non-commercial purposes subject to the following terms: You may only use the Software as follows:(a) use the Software on one single computer;(b) use the Software on a second computer so long as the first and second computers are not used simultaneously;(c) copy the Software for back-up and archival purposes, provided any copy made must contain all of the original Software's proprietary notices; (d) use content created through use of the Software for any non-commercial purpose; and(e) use the Software to develop and distribute non-commercial applications for the LEGO MINDSTORMS NXT, LEGO MINDSTORMS RCX 2.0, the LEGO MINDSTORMS Scout, the LEGO MINDSTORMS MicroScout, the WeDo product, and the LEGO Spybotics programmable bricks. If you wish to use the Software to develop commercial applications, please contact a LEGO System representative.You may NOT:(1) permit other individuals to use the Software except under the terms listed above;(2) modify, translate, reverse engineer, decompile, disassemble, otherwise reducing the Software to a human-perceivable form (except to the extent that this restriction is expressly prohibited by law), or create derivative works based upon the Software or Documentation;(3) copy the Software or Documentation (except for back-up purposes);(4) resell, rent, lease, assign, distribute, or otherwise transfer rights to the Software or Documentation;(5) transmit the Software or the Documentation on the Internet;(6) use the back-up copy other than as a replacement for the primary copy;(7) use the Software or the backup copy for any commercial purpose;(8) remove any proprietary notices or labels on the Software or Documentation; or(9) use the Software for any purpose related to the manufacture, marketing, sale or distribution of plastic building bricks. Any use or transfer in violation of the above will lead to immediate, automatic termination of your license.II. SOFTWARE: If you receive the first copy of the Software electronically and a second copy on media, the second copy may be used for archival purposes only and may not be transferred to or used by any other person. This license does not grant you any right to any enhancement or update.III. TITLE: All title, ownership, rights, and intellectual property rights in and to the Software and Documentation shall remain with LEGO. All rights not expressly granted to you in this Agreement are reserved to LEGO. The Software is protected by national copyright laws and international copyright treaties. Title, ownership rights and intellectual property rights in and to the content accessed through the Software, including any content contained in the Software media demonstration files, is the property of the applicable content owner and may be protected by applicable copyright or other law. This license gives you no rights to such content.LEGO, the LEGO logo, MINDSTORMS, and the LEGO brick configuration are trademarks owned by the LEGO Group. 2009 The LEGO Group. All rights reserved.LabVIEW, National Instruments, NI and ni.com are trademarks of National Instruments.For patents covering the Software, refer to the About section of the Software.IV. LIMITED WARRANTY: THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ANY OTHER APPLICABLE STATUTORY WARRANTIES (TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW). THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT LEGO, LEGO System OR AN AUTHORISED LEGO SYSTEM DEALER) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.SOME STATES AND COUNTRIES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY STATE OR COUNTRY.LEGO does not warrant that the functionality provided by the programs based on the Software will meet your requirements or that the operation of said programs will be uninterrupted or error free.However, LEGO System warrants the Software to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of delivery to you as evidenced by a copy of your receipt.V. LIMITATION OF REMEDIES:LIMITATIONS OF REMEDIESThe entire liability of LEGO, and your exclusive remedy, shall be:the replacement of any Software not meeting the "Limited Warranty" of LEGO System and which is returned to LEGO System or an authorized LEGO System dealer with a copy of your receipt, or

if LEGO System or the dealer is unable to deliver a replacement Software which is free of defects in materials or workmanship, you may terminate this Agreement by returning the program and your money will be refunded.

IN NO EVENT WILL LEGO BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOST SAVINGS OR OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE SUCH SOFTWARE EVEN IF LEGO SYSTEM OR AN AUTHORISED LEGO DEALER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.SOME COUNTRIES OR STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.VI. TERMINATION: This license and your right to use the Software shall terminate automatically if you fail to comply with the provisions of this Agreement. No notice shall be required from LEGO to effectuate such termination. Upon termination you shall be obligated to return the Software and Documentation to LEGO System, or destroy all copies of the Software and Documentation.

VII. GOVERNING LAW: This Agreement will be governed by the laws of the country in which you bought the license.You acknowledge that the export of the Software is governed by the export control laws of the United States of America and other countries. You may not directly or indirectly, export, re-export, download, or ship the Software in violation of the laws and regulations of the U.S.A. or the laws and regulations of the applicable jurisdiction in which you use or are downloading the Software. If you are downloading the Software, you represent and warrant that you are not located in or under the control of any country which the export laws and regulations of such country or of the U.S.A. prohibit the exportation of the software to. Finally, if you are a unit of the United States Government, you acknowledge that the Software is provided as commercial computer software under terms of this Agreement, and that use, duplication, or disclosure of any software or any related documentation shall be subject to 48 C.F.R. 2.101 (OCT 1995), consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212 (SEPT 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7204-4 (JUNE 1995), or any successor regulations, a licensee shall be provided the licensed software pursuant to the terms and conditions herein. VIII. ENTIRE AGREEMENT: YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. This Agreement may not be modified except in writing duly signed by an authorized representative of LEGO System and you.IX. MISCELLANEOUS:This license does not grant you any right to any enhancements or up-dates.This product contains Adobe Flash Player software by Adobe Systems Incorporated. Adobe Flash Player. Copyright 1996 - 2008 Adobe Systems Incorporated. All Rights Reserved. Patents pending in the United States and other countries. Adobe and Flash are either trademarks or registered trademarks in the United States and/or other countries. In addition to and notwithstanding anything in this Agreement to the contrary, the following terms apply to the Adobe Flash Player:(1) you may not copy or distribute the Adobe Flash Player; and(2) no warranties, express or implied, are made hereunder on behalf of Adobe Systems Incorporated or its affiliate, Adobe Systems Software Ireland Limited.This product contains a modified version of the Gecko engine. The original source for the Gecko engine can be found on mozilla.org. At the time of the release, the source for the Windows component was at ftp://ftp.mozilla.org/pub/mozilla.org/mozilla/releases/mozilla1.7.5/source. At the time of the release, the source for the Mac component was at ftp://ftp.mozilla.org/pub/mozilla.org/firefox/releases/1.5.0.2/source. The Gecko engine source and modified files are licensed under the Mozilla Public License 1.1 (the MPL 1.1). The modified files and MPL 1.1 are available on the Software CD-ROM or other applicable media in the Modifications folder. The Gecko engine source code is licensed under the terms of the MPL 1.1, by the Initial Developer and the applicable Contributors, as such terms are defined in the MPL 1.1. In no event will the Gecko engine source code be included in the definition of the term Software as used in this End User License Agreement. The modified, executable version of the Gecko engine incorporated in the Software is licensed under the terms of this End User License Agreement by LEGO Systems alone, and not by the Initial Developer or any Contributor. This End User License Agreement does not in any way limit or alter the Users rights in the Gecko engine source code set forth under the MPL 1.1. This product contains DecMPA simple MPEG Audio decoding library 0.4.1 (the DecMPA Library). Copyright (C) 2002, Hauke Duden. The DecMPA Library is free software and may be redistributed under the terms of Version 2.1 of the GNU Lesser General Public License, a copy of which can be found on the product media and at: http://www.gnu.org/licenses/lgpl-2.1.txt. This library is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU Lesser General Public License for more details.

The Gecko engine source code, the firmware of the LEGO MINDSTORMS NXT ATMEL microprocessors, and the DecMPA Library are herein referred to as the Excluded Material.Gecko is a registered trademark of Netscape Communications Corporation.Mozilla.org is a registered trademark of the Mozilla Foundation.Bluetooth is a trademark owned by Bluetooth SIG, Inc. and is licensed to LEGO.[End of End User License Agreement]

DC 17-03/2009