Applicable license for SOFTWARE for Original Equipment Manufacturer which has purchased Elo Touch Solutions touchscreen and controller or touchmonitor:
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ORIGINAL EQUIPMENT MANUFACTURER LICENSE AGREEMENT
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BY DOWNLOADING AND/OR INSTALLING AND/OR USING AND DISTRIBUTING THE SOFTWARE YOU ARE AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT, INCLUDING THIS SOFTWARE PRODUCT LICENSE AND LIMITED WARRANTY.
IMPORTANT READ CAREFULLY: This Elo Touch Solutions, Inc. Original Equipment Manufacturer ("OEM") License Agreement ("OEM LA") is a legal agreement between you (a single OEM entity) and  Elo Touch Solutions, Inc. (hereinafter referred to as "ELO"),  for the proprietary software portion of this ELO touchscreen(s) and controller(s) or touchmonitor(s), which includes the accompanying computer software, printed materials and any "online" or electronic documentation ("SOFTWARE"). By installing, copying or otherwise using the SOFTWARE, you agree to be bound by the terms of this OEM LA. User must accept the terms of this agreement when prompted, in order to complete download and/or installation of the software.

Software Product License

The SOFTWARE is protected by U.S. and international copyright laws and treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold.

1. GRANT OF LICENSE. This OEM LA grants you the following rights:

* Software. You may install,  use to the extent necessary for such installation, and distribute solely in object code form one copy of the SOFTWARE on a single computer/device integrating or associated with a single ELO touchscreen and controller or touchmonitor ("ELO Touch Products") or integrating or associated with multiple ELO Touch Products (such computer/device being referred to as "Licensed System") solely for operation with such ELO Touch Products.  

* Storage/Network Use. You may also store or install a copy of the SOFTWARE on a storage device, such as a network server, used only to install or run the SOFTWARE on a client computer over an internal network only to the extent such client computer is used with ELO Touch Products in conjunction with the SOFTWARE. A license for the SOFTWARE may not be shared or used concurrently on different computers.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

* Limitations on Reverse Engineering, Decompilation and Disassembly. You agree not to reverse engineer, decompile, or disassemble the SOFTWARE by yourself or to have anyone perform such operations on your behalf, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

* Separation of Components. The SOFTWARE is licensed as a single product. Its component parts may not be separated for use on more than one computer.

* Rental. You may not rent, lease, or sublicense the SOFTWARE.

* Software Transfer. You may sublicense the right to use SOFTWARE (including all component parts, the media and printed materials, any upgrades, this OEM LA and, if applicable, the certificate of Authenticity) to your customers and/or end-users solely for the purpose of operating the Licensed System with the accompanying ELO Touch Products.. 
* Termination. Without prejudice to any other rights, ELO may terminate this OEM LA if you fail to comply with the terms and conditions of this OEM LA. In such event, you must destroy all copies of the SOFTWARE and all of its component parts.

3. COPYRIGHT. All title and copyrights in and to the SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, text and "applets," incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE, are owned by Elo, or its suppliers. The SOFTWARE is protected by U.S. copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE like any other copyrighted material except that you may either (a) make one copy of the SOFTWARE solely for backup or archival purposes, or (b) install a copy of  the SOFTWARE on a single computer provided you keep the original solely for backup or archival purposes. You may make and distribute one copy of the printed materials (in either printed or electronic form) accompanying the ELO Touch Products for each Licensed System  solely for use in connection with the accompanying ELO Touch Products by an end-user of such Licensed System, provided such copy of the printed materials accompany the ELO Touch Products and provided changes of any type (whether omissions, deletions, additions or modifications) are not made to such printed materials.

4. MEDIA SOFTWARE. You may receive the SOFTWARE in more than one medium or by downloading from the Elo website. Regardless of the type, you may use only one medium that is appropriate for your single computer or Licensed System. You may not use or install the other medium on another computer or device, except as expressly provided in this OEM LA. You may not loan, rent, lease, or otherwise transfer the other medium to another use, except as part of the permanent transfer (as provided above) of the entire ELO Touch Products as part of the Licensed System.

5. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c )(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c )(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Elo Touch Solutions, Inc.,/301 Constitution Drive/Menlo Park, CA 94025.

Limited Warranty

THIS SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. FURTHER, ELO DOES NOT GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SOFTWARE OR ACCOMPANYING WRITTEN MATERIALS IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR CURRENTNESS. IF THE INCLUDED SOFTWARE OR ACCOMPANYING WRITTEN MATERIALS ARE INSTALLED OR USED BY YOU, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE AND ANY FURTHER PROGRAMS OR WRITTEN MATERIALS DEVELOPED UTILIZING THESE MATERIALS IS ASSUMED BY YOU.

EXCEPT AS PROVIDED ABOVE, ELO DISCLAIMS ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WARRANTIES, WITH RESPECT TO THE SOFTWARE OR WRITTEN MATERIALS. IN NO EVENT SHALL ELO BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF ELO IS ADVISED OF THE LIKELIHOOD OF SAME.  


If you are downloading and/or installing and/or using and distributing any SOFTWARE provided by Elo that is a Linux OS driver, you should note that SOFTWARE that is subject to this OEM LA excludes any software portions thereof that may be subject to an Excluded License ("Excluded License" means any license that requires, as a condition of use, modification or distribution of software subject to such license, that such software or other software combined and/or distributed with such software be (a) disclosed or distributed in source code form; (b) licensed for the purpose of making derivative works; or (c) redistributable at no charge); and any such excluded software portions subject to an Excluded License are and remain governed by the terms and conditions of the applicable Excluded License.

Governing Law

This OEM LA shall be governed by and construed in accordance with the laws of the State of California without regards to its conflict of law provisions.

Precedence

The terms of this OEM LA shall take precedence over any inconsistent or conflicting terms referenced or attached to purchase orders, order acknowledgments or invoices transmitted between the parties.





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Applicable license for SOFTWARE for end user which has purchased Elo Touch Solutions touchscreen and controller or touchmonitor:
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END USER LICENSE AGREEMENT
==========================

BY DOWNLOADING AND/OR INSTALLING AND/OR USING THE SOFTWARE YOU ARE AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT, INCLUDING THIS SOFTWARE PRODUCT LICENSE AND LIMITED WARRANTY.
	IMPORTANT READ CAREFULLY: This Elo Touch Solutions, Inc. End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Elo Touch Solutions, Inc. (hereinafter referred to as "ELO"), for the software portion of this ELO touchscreen(s) and controller(s) or touchmonitor(s), which includes the accompanying proprietary computer software, printed materials and any "online" or electronic documentation ("SOFTWARE"). By installing, copying or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA. User must accept the terms of this agreement when prompted, in order to complete download and/or installation of the software.

Software Product License

The SOFTWARE is protected by U.S. and international copyright laws and treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold.

1. GRANT OF LICENSE. This EULA grants you the following rights:

* Software. You may install and/or use (if SOFTWARE already installed) one copy of the SOFTWARE on a single computer/device integrating or associated with a single ELO touchscreen and controller or touchmonitor ("ELO Touch Products") or integrated or associated with multiple ELO Touch Products (such computer/device being referred to as "Licensed System") solely for operation with such ELO Touch Products.  

* Storage/Network Use. You may also store or install a copy of the SOFTWARE on a storage device, such as a network server, used only to install or run the SOFTWARE on a client computer over an internal network only to the extent such client computer is used with ELO Touch Products in conjunction with the SOFTWARE. A license for the SOFTWARE may not be shared or used concurrently on different computers.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

* Limitations on Reverse Engineering, Decompilation and Disassembly. You agree not to reverse engineer, decompile, or disassemble the SOFTWARE by yourself and not to have such operations conducted by anyone on your behalf, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

* Separation of Components. The SOFTWARE is licensed as a single product. Its component parts may not be separated for use on more than one computer.

* Rental. You may not rent, lease, or sublicense the SOFTWARE.

* Software Transfer. You may permanently transfer all of your rights under this EULA, provided you retain no copies, you transfer all of the SOFTWARE (including all component parts, the media and printed materials, any upgrades, this EULA and, if applicable, the certificate of Authenticity) solely for the purpose of operating and in connection with the sale of the accompanying ELO Touch Products.. If the SOFTWARE portion is an upgrade, any transfer must include all prior versions of the SOFTWARE.

* Termination. Without prejudice to any other rights, Elo, may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE and all of its component parts.

3. COPYRIGHT. All title and copyrights in and to the SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, text and "applets," incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE, are owned by Elo, or its suppliers. The SOFTWARE is protected by U.S. copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE like any other copyrighted material except that you may either (a) make one copy of the SOFTWARE solely for backup or archival purposes, or (b) install the SOFTWARE on a single computer provided you keep the original solely for backup or archival purposes. You may not copy the printed materials accompanying the ELO Touch Products.

4. MEDIA SOFTWARE. You may receive the SOFTWARE in more than one medium or by downloading from the Elo website. Regardless of the type, you may use only one medium that is appropriate for your single computer or Licensed System. You may not use or install the other medium on another computer or device, except as expressly provided in this EULA. You may not loan, rent, lease, or otherwise transfer the other medium to another use, except as part of the permanent transfer (as provided above) of the entire ELO Touch Products.

5. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c )(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c )(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Elo Touch Solutions, Inc.,/301 Constitution Drive/Menlo Park, CA 94025.

Limited Warranty

THIS SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. FURTHER, ELO DOES NOT GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SOFTWARE OR ACCOMPANYING WRITTEN MATERIALS IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR CURRENTNESS. IF THE INCLUDED SOFTWARE OR ACCOMPANYING WRITTEN MATERIALS ARE INSTALLED OR USED BY YOU, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE AND ANY FURTHER PROGRAMS OR WRITTEN MATERIALS DEVELOPED UTILIZING THESE MATERIALS IS ASSUMED BY YOU.

EXCEPT AS PROVIDED ABOVE, ELO DISCLAIMS ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WARRANTIES, WITH RESPECT TO THE SOFTWARE OR WRITTEN MATERIALS. IN NO EVENT SHALL ELO BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF ELO IS ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES.  

If you are downloading and/or installing and/or using and distributing any SOFTWARE provided by Elo that is a Linux OS driver, you should note that SOFTWARE that is subject to this EULA excludes any software portions thereof that may be subject to an Excluded License ("Excluded License" means any license that requires, as a condition of use, modification or distribution of software subject to such license, that such software or other software combined and/or distributed with such software be (a) disclosed or distributed in source code form; (b) licensed for the purpose of making derivative works; or (c) redistributable at no charge); and any such excluded software portions subject to an Excluded License are and remain governed by the terms and conditions of the applicable Excluded License.

Governing Law

This EULA shall be governed by and construed in accordance with the laws of the State of California without regards to its conflict of law provisions.

Precedence

The terms of this EULA shall take precedence over any inconsistent or conflicting terms referenced or attached to purchase orders, order acknowledgments or invoices transmitted between the parties.





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