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Ruckus License
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Ruckus License
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RUCKUS WIRELESS, INC. SAMPLE CODE SOFTWARE LICENSE
Copyright (c) 2020 - 2021 Ruckus Wireless, Inc.
RUCKUS WIRELESS, INC. ("RUCKUS") IS WILLING TO LICENSE THE SOFTWARE TO YOU ("LICENSEE" or “YOU”) ONLY ON THE CONDITION THAT THE LICENSEE ACCEPTS ALL OF THE FOLLOWING TERMS AND CONDITIONS. BY DOWNLOADING, INSTALLING, COPYING, USING, MODIFYING, COMPILING AND/OR RESDISTRIBUTING THIS SAMPLE CODE, YOU ACCEPT AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS (“LICENSE”). IF YOU ARE ACCEPTING THE LICENSE AS AN EMPLOYEE OF, OR AS AN AGENT OR CONTRACTOR FOR THE BENEFIT OF, A COMPANY, THAT COMPANY SHALL BE DEEMED THE LICENSEE AND YOU REPRESENTS THAT YOU HAVE THE POWER AND AUTHORITY TO ACCEPT THIS AGREEMENT ON BEHALF OF THE COMPANY. BY DOWNLOADING, INSTALLING, COPYING, USING, MODIFYING, COMPILING AND/OR RESDISTRIBUTING THE SAMPLE CODE, LICENSEE ACKNOWLEDGES THAT IT HAS (I) A VALID LICENSE TO USE THE RUCKUS PRODUCT(S) OR SERVICE(S) WHICH INTERFACE WITH THE SAMPLE CODE, AND (II) READ THIS LICENSE AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.
1. DEFINITIONS: “Sample Code” code means the human-readable version or machine-readable version of RUCKUS’ example or demo source, and its associated documentation, that RUCKUS makes available to Licensee under this License.
2. LICENSE GRANT: Subject to the terms and conditions of this License, RUCKUS hereby grants to YOU a perpetual, worldwide, non-exclusive, non-transferable, non-sublicensable, royalty-free license to download, copy and modify the Sample Code in source code form, and compile, install and redistribute the Sample Code and/or any derivative works thereof in binary/object code or other executable forms, in whole or in part, solely and exclusively for use with RUCKUS products and services and its accompanying licenses. For interpreted languages like Java and Python, the executable form of the software may include source code and compilation is not required. Sample Code is not supported by RUCKUS Support and is not tested for quality or performance. This is your only license to the Sample Code and all rights not expressly granted are reserved. Only the employees, contractors and agents of Licensee acting on Licensee's behalf may exercise the licenses granted to Licensee in this paragraph.
3. RESTRICTIONS: Except as expressly stated in this License, Licensee will not, and will not permit any third party to (a) modify, copy, or otherwise reproduce the Sample Code in whole or in part; (b) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code form or structure of the code used in the Sample Code; (c) provide, lease or lend the Sample Code to any third party except as expressly authorized hereunder; (d) remove any proprietary notices or labels displayed on the Sample Code; (e) modify or create a derivative work of any part of the Sample Code; (f) use the Software for any unlawful purpose; (g) permit any third party not acting as a contractor or agent on behalf of Licensee to access the Sample Code other than through published APIs provided by RUCKUS as set forth in the documentation; (h) disclose the results of any benchmarking of the Sample Code (whether or not the results were obtained with assistance from RUCKUS) to any third party; (i) exercise the license grants in Section 2 unless YOU own a valid license to the RUCKUS product(s) or service(s) that interface with the Sample Code; or (j) use the Sample Code independent of, or to replicate or compete with, a RUCKUS product or service. The Sample Code is not to be used in connection with any high risk, mission critical or strict liability activity (including, without limitation, air or space travel, power plant operation, life support or medical operations). Any such use by Licensee is solely at Licensee's risk. RUCKUS products and services are licensed under their own separate terms and YOU shall not use the Sample Code in any way that violates or is inconsistent with those terms.
4. OWNERSHIP: RUCKUS, or its suppliers, owns all rights, title and interests in the Sample Code, including all intellectual property rights therein. No transfer of ownership will occur under this License. This License does not grant YOU permission to use any trade names, trademarks, service marks, or product names of RUCKUS. If YOU provide any feedback to RUCKUS regarding the Sample Code, YOU agree that RUCKUS, its partners, and its customers shall be free to use and incorporate such feedback into the Sample Code, and RUCKUS products and services, for any purpose, and without restriction, payment, or additional consideration of any kind. If YOU initiate or participate in any litigation against RUCKUS, its partners, or its customers (including cross-claims and counter-claims) alleging that the Sample Code and/or its use infringe any patent, copyright, or other intellectual property right, then all rights granted to YOU under this License shall terminate immediately without notice. All rights not expressly granted to Licensee are reserved by RUCKUS.
5. LIMITATION OF LIABILITY: RUCKUS AND ITS SUPPLIERS SHALL HAVE NO LIABILITY UNDER ANY CIRCUMSTANCES IN CONNECTION WITH OR RELATING TO THIS LICENSE OR USE OF THE SAMPLE CODE, FOR DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INCIDENTAL, AND CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF USE, DATA, INFORMATION, PROFITS, BUSINESS, OR GOODWILL, HOWEVER CAUSED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. DISCLAIMER OF WARRANTY: SAMPLE CODE IS INTENDED FOR EXAMPLE PURPOSES ONLY AND IS PROVIDED BY RUCKUS "AS IS" WITH ALL FAULTS AND WITHOUT WARRANTY OR SUPPORT OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL EXPRESS AND IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, NON-INTERFERENCE, AND ACCURACY, ARE HEREBY EXCLUDED AND EXPRESSLY DISCLAIMED BY RUCKUS. RUCKUS DOES NOT WARRANT THAT THE SAMPLE CODE IS SUITABLE FOR PRODUCTION OR COMMERCIAL USE, WILL OPERATE PROPERLY, IS ACCURATE OR COMPLETE, OR IS WITHOUT ERROR OR DEFECT.
7. GENERAL: The laws of the State of California, excluding its conflict of laws provisions, will govern the validity, construction and interpretation of this License. The parties consent to the exclusive jurisdiction and venue of the state courts located in Santa Clara County, California, and, if applicable, the federal courts for the Northern District of California, for any action arising hereunder. Licensee must not collect, obtain or store any information in the course of its evaluation or use of the Sample Code except in compliance with all applicable laws. Licensee shall comply with all applicable export control laws in connection with the Sample Code. Specifically, if the Sample Code is being delivered to Licensee outside of the United States, Licensee understands that the commodities, technology or software comprising the Sample Code are exported from the United States in accordance with the Export Administration Regulations. Licensee agrees to export, re-export or import Sample Code only in compliance with applicable export- and import regulations and controls. As such, in accordance with U.S. law, these commodities, technology and software may not be exported or re-exported. Diversion contrary to U.S. law is prohibited. The relationship of RUCKUS and Licensee is that of independent contractors. Neither party has any authority to act on behalf of the other party or to bind it, and in no event will the parties be construed to be partners, employer-employee or agents of each other. If any provision of this License is judged illegal, invalid, or otherwise unenforceable, that provision shall be severed and the rest of the License shall remain in full force and effect. A waiver by RUCKUS of any breach by Licensee will not be construed to be a waiver of any succeeding breach or any other covenant by Licensee. In the event of a conflict between this License and any other applicable agreement, this License shall govern.