This is a legal agreement between you (either an individual or a single entity) and Dallas Semiconductor Corporation ("DS") for DS products, which may include associated software components, media, printed materials, and "online" or electronic documentation. Each Crypto iButton, either the Crypto iButton with Java™ VM firmware or Dallas OS firmware (the "Crypto iButton"), is licensed under the following terms (the license "Agreement"). If you do not agree with the terms of the agreement, do not install the Crypto iButton. If the Crypto iButton was purchased by you, you may return the product within 30 days of shipment for a full refund.
The Crypto iButton is protected by copyright, trademark and patent laws, as well as international copyright treaties, trademark, patent laws, treaties and intellectual property laws. The Crypto iButton product is licensed, not sold.
1. LICENSE APPLICATION.
You must complete the on-line License Application and obtain approval by Dallas Semiconductor prior to receiving the Crypto iButton.
2. GRANT OF LICENSE.
DS grants you the right to use the Crypto iButton as your personal authentication token and as specified within your License Application.
3. COPYRIGHT.
All title, including but not limited to copyrights, in and to the Crypto iButton product are owned by DS. All title and intellectual property rights in and to the content which may be accessed through use of the Crypto iButton product is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This license Agreement grants you no rights to use such content. All rights not expressly granted are reserved by DS.
4. ISSUANCE OF THE Crypto iButton.
Upon approval of your application and payment of the issuance fee, up to ten (10) Crypto iButtons may be issued to you (either an individual or a single entity) under the terms of this Agreement. By opening the sealed packet containing the Crypto iButton, you will be affirming your agreement to be bound by terms of the Agreement. This is the complete and exclusive statement of the terms of this Agreement between you and DS; no other terms shall be binding.
5. ACTIVATION; MAINTENANCE/SUPPORT FEE.
Upon payment of the Issuance Fee and Maintenance/Support Fee, your Crypto iButton will be activated by a Service Provider or DS (called, "Activation"). The activation period for the Crypto iButton and the service period may be different intervals. We will enforce a 1 year minimum. The technology will be flexible enough to have a global activation and jiblet or transaction group activation as different dates. All payments shall be made to your Issuing Institution or DS.
6. INTEGRITY OF Crypto iButton.
The Crypto iButton is licensed to you for development and evaluation use only. You may permanently transfer all of your rights under this License, provided the recipient agrees to the terms of this License.
To protect the integrity of the data in the Crypto iButton, you may only attempt to access information that is normally available through the use of a Personal Identification Number (PIN). You may not tamper, attempt to open, deliberately subject to environmental stress beyond its operating parameters, copy, reverse engineer, revise, or misuse the Crypto iButton.
The stainless steel case defines the perimeter of the Crypto iButton, as shown in Figure 3-1 of the iButton™ Book of Standards. The case has a lower surface for ground and an upper surface for data. The Crypto iButton product from Dallas Semiconductor has markings and trademarks physically on such ground and data surfaces of the stainless steel perimeter. You may not remove, modify, or otherwise hinder the legibility of those markings. You may not interfere with or hinder the ability of a DS1402 Blue Dot receptor to read data from the data surface of the Crypto iButton by attaching material to the data surface of the Crypto iButton. Material may be attached to the ground side for the purposes of mounting to a physical object, and the ground side markings can be covered only for this utilitarian purpose.
7. DOWNLOADABLE UPGRADES.
Dallas Semiconductor may from time to time post downloadable upgrades relating to software interfaces for the Crypto iButton at www.iButton.com. There is no additional change for these support services when the Maintenance/Support Fees are current. These support services are governed by DS policies and programs described in the on-line documentation.
8. EXPORT RESTRICTIONS.
You agree that you will not export or re-export the Crypto iButton product to any country, person, entity or end user subject to U.S.A. export restrictions. Restricted countries currently include, but are not necessarily limited to, Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria. You represent and agree that neither the U.S.A. Bureau of Export Administration nor any other federal agency has suspended, revoked or denied your export privileges.
9. LIMITED WARRANTIES.
DS expressly disclaims any warranty for the Crypto iButton product other than replacement of a returned defective Crypto iButton during the term of the Agreement. THE Crypto iButton product AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE Crypto iButton REMAINS WITH YOU. DS is under no obligation to issue new Crypto iButtons.
10. LIMITATION OF LIABILITY.
To the maximum extent permitted by applicable law, in no event shall DS be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the Crypto iButton or the provision of or failure to provide support services, even if DS has been advised of the possibility of such damages. In any case, DS's entire liability under any provision of this Agreement shall be limited to the greater of the amount actually paid by you for the Crypto iButton or US$4.00. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you. You assume the entire risk for theft, damage, destruction or loss of the Crypto iButton during the term of this Agreement and thereafter.
11. SURVIVAL CLAUSE.
The parties' rights and obligations under Articles 3, 6, 9, 10 and 11 shall survive expiration or termination of this Agreement for any reason.
12. U.S. GOVERNMENT RIGHTS.
This Crypto iButton is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFAS 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 Dallas Semiconductor, 4401 Beltwood Pkwy., Dallas, Texas 75244-3292.
13. TERMINATION.
WITHOUT PREJUDICE TO ANY OTHER RIGHTS, DS MAY TERMINATE THIS AGREEMENT IF YOU FAIL TO COMPLY WITH THE TERMS AND CONDITIONS OF THIS LICENSE. IN SUCH EVENT, YOU MUST PROMPTLY RETURN THE Crypto iButton TO DS.
14. MISCELLANEOUS.
This Agreement is governed by the laws of the United States of America. If this product was acquired outside the United States, then local law may apply. Should you have any questions concerning this Agreement, or if you desire to contact DS for any reason, please write: iButton Contracts Administrator, Automatic Information Products, Dallas Semiconductor, 4401 Beltwood Pkwy., Dallas, Texas 75244-3292.
IN WITNESS WHEREOF, both parties have caused this License to be affirmed and delivered by its duly authorized representative on the date affirmed by licensee to be effective as of the Effective Date.