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NightStar LX Licensing

NightStar LX is a commercial product which is available under the following licensing models:

Personal & Educational Use NightStar LX is provided without cost for personal, non-commericial use.
You may use NightStar LX only for your own personal noncommercial use, or educational use, on a single computer without charge.
Evaluation License NightStar LX is provided on-loan for internal evaluation purposes for ninety (90) days.
Commercial All other usage requires purchase of a commercial license from Concurrent Computer Corporation.

End User License Agreement
  • Personal or Educational Use License: You may use NightStar LX only for your own personal noncommercial use, or educational use, on a single computer. Educational use is any noncommercial use in a school, college or university by teachers or students. Personal Use Licenses are transferrable, provided you distribute NightStar LX without charge and package it with other applications that are also distributed free of license and maintenance fees.
  • Commercial System-based (or "Node-Locked") License: You may use NightStar LX only on a single designated computer by no more than the authorized number of simultaneous users. A single computer may have multiple CPUs, but all CPUs must be resident on a single motherboard or "blade." When multiple motherboards or blades are co-located in a single chassis, each individual motherboard or blade is counted as a separate computer.
  • Commercial Floating License: You may install NightStar LX on an unlimited number of computers that are connected to an authorized network, but use is limited to the permitted number of simultaneous users.
  • Commercial Embedded Product Development License: You may use NightStar LX for a single Project (as defined herein) for the purchased number of simultaneous users for internal use, development and testing purposes to support your development of software applications that contain NightStar LX, or a portion or derivative thereof, as an embedded or bundled component ("Embedded Target Licenses"). A "Project" is limited to a single target system application on which the Embedded Target Licenses reside and does not include major modifications to the target system, including but not limited to a new major version, major release, new generation or similar upgrade or revision that incorporates new modules, adds major functionality or experiences major structural or architectural changes.
  • Evaluation (or Loaner License): You may use NightStar LX only for internal evaluation purposes and, unless we agree otherwise in writing, only for a period of ninety (90) days ("Loan Period"). Evaluation licenses are not transferrable under any circumstances, are provided "AS IS" and the LIMITED WARRANTY provisions of this EULA do not apply, as permitted under applicable law.

  • Full License Agreement:
    CONCURRENT END-USER LICENSE AGREEMENT
    
    SOFTWARE PRODUCTS:
    
    Open Source Components:  RedHawk Linux Operating System, RedHawk Cluster
    Manager, RedHawk High-Performance Math Package, RedHawk Global File System,
    RedHawk High Availability NFS, RedHawk Frequency Based Scheduler (FBS), RedHawk
    Target Licenses and all related documentation.
    
    Concurrent Proprietary Components:  NightStar LX, NightStar RT, SIMulation 
    Workbench, Laboratory Workbench, RedHawk Architect, MAXAda For RedHawk, 
    MAXAda AXI For RedHawk, FORTRAN 77 For RedHawk, RedHawk Linux Systems Exerciser,
    RedHawk VME-To-PCI Support Library, RedHawk I/O Device Drivers and all related 
    documentation.  
    
    IMPORTANT - READ CAREFULLY!  BY USING THE SOFTWARE PRODUCTS, YOU INDICATE THAT
    YOU HAVE READ AND ACCEPTED THE TERMS OF THIS EULA.  This CONCURRENT COMPUTER
    CORPORATION ("CONCURRENT") End-User License Agreement ("EULA") is a legal
    agreement between you (either an individual or a corporate entity) and
    CONCURRENT for the CONCURRENT software products identified above, which
    includes computer software and may include associated media, printed materials,
    and "online" or electronic documentation ("SOFTWARE PRODUCTS").  The SOFTWARE
    PRODUCTS also include any updates and supplements to the original SOFTWARE
    PRODUCTS provided to you by CONCURRENT.  Any software provided along with the
    SOFTWARE PRODUCTS that are associated with a separate end-user license
    agreement is licensed to you under the terms of that license agreement.  By
    installing, copying, downloading, accessing or otherwise using the SOFTWARE
    PRODUCTS, you agree to be bound by the terms of this EULA.  If you do not agree
    to the terms of this EULA, do not use or install the SOFTWARE PRODUCTS and
    promptly return the SOFTWARE PRODUCTS, and the license price will be refunded.
    
    
    SOFTWARE PRODUCT LICENSE
    
    
    The SOFTWARE PRODUCTS are protected by copyright laws and international
    copyright treaties, as well as other intellectual property laws and treaties.
    The SOFTWARE PRODUCTS are licensed, not sold.
    
    1. GRANT OF LICENSE AND LIMITATIONS.
    
    - Open Source Components: The Open Source Components are licensed pursuant to
      the GPL or LGPL, which is located in the component's source code and permits
      you to copy, modify, and redistribute (subject to certain obligations in some
      cases) the software component, in both source code and binary code forms.
      Copying, distributing, and modifying these components is governed by the terms
      of the GPL or LGPL.  
    
    - Concurrent Proprietary Components: Subject to all of the terms and
      conditions of this EULA, CONCURRENT grants to you a non-exclusive,
      non-assignable, copyright license to use the SOFTWARE PRODUCTS.  
    
    - Limitations: The scope and duration of your license is limited based on the 
      type of license you obtained from CONCURRENT.  
    
      - Evaluation (or Loaner License): You may use the SOFTWARE PRODUCTS only for
        internal evaluation purposes and, unless we agree otherwise in writing, only
        for a period of ninety (90) days ("Loan Period"). Evaluation licenses are not
        transferrable under any circumstances, are provided "AS IS" and the LIMITED
        WARRANTY provisions of this EULA do not apply, as permitted under applicable
        law. 
    
      - Personal Use License (available for NightStar LX only).  You may use the 
        SOFTWARE PRODUCT only for your own personal noncommercial use, or 
        educational use, on a single computer.  Educational use is any noncommercial
        use in a school, college or university by teachers or students.  Personal 
        Use Licenses are transferrable, provided you distribute the SOFTWARE PRODUCT
        without charge and package it with other applications that are also 
        distributed free of license and maintenance fees.
    
      - System-based (or "Node-Locked") License:  You may use the SOFTWARE PRODUCTS
        only on a single designated computer by no more than the authorized number
        of simultaneous users.  A single computer may have multiple CPUs, but all
        CPUs must be resident on a single motherboard or "blade."  When multiple
        motherboards or blades are co-located in a single chassis, each individual
        motherboard or blade is counted as a separate computer.  
    
      - Floating License:  You may install the SOFTWARE PRODUCTS on an unlimited
        number of computers that are connected to an authorized network, but use is
        limited to the permitted number of simultaneous users.
    
      - Embedded Product Development License:  You may use the SOFTWARE PRODUCTS
        for a single Project (as defined herein) for the purchased number of
        simultaneous users for internal use, development and testing purposes to
        support your development of software applications that contain the SOFTWARE
        PRODUCTS, or a portion or derivative thereof, as an embedded or bundled
        component ("Embedded Target Licenses").  A "Project" is limited to a single
        target system application on which the Embedded Target Licenses reside and
        does not include major modifications to the target system, including but
        not limited to a new major version, major release, new generation or
        similar upgrade or revision that incorporates new modules, adds major
        functionality or experiences major structural or architectural changes.  
    
    2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
    
    - Limitations on Reverse Engineering, Decompilation, and Disassembly:
      You may not modify, reverse engineer, decompile, or disassemble the SOFTWARE
      PRODUCTS, except and only to the extent that such activity is expressly
      permitted by applicable law notwithstanding this limitation.
    
    - Binary user-level libraries:  These include but are not limited to
      "libccur_rt" and "libccur_fbsched".  You may link proprietary code with these
      libraries without affecting the proprietary status of that source code.  You
      may NOT make copies of these libraries.  You may NOT run an application
      linked with these libraries on any system other than a computer upon which
      the RedHawk Linux Operating System is installed and licensed.
    
    - Reservation of Rights:  All rights not expressly granted are reserved by
      CONCURRENT.
    
    3.  SUPPORT FOR THE SOFTWARE PRODUCTS.  
    
    The specific services you purchase from CONCURRENT will be described in the
    description provided by CONCURRENT (the "Services").  The Services shall be
    provided only for authorized copies of the SOFTWARE PRODUCTS which you are
    using in a manner consistent with the authority granted herein. You agree to
    promptly notify CONCURRENT if the number of copies or your use of the SOFTWARE
    PRODUCTS exceeds the number of copies or authorized use, based on Services for
    which you have paid.  In your notice, you must include the date on which your
    non-compliance began.  
    
    4. UPGRADES.  
    
    If the SOFTWARE PRODUCTS are labeled as an upgrade, you must be properly
    licensed to use a product identified by CONCURRENT as being eligible for the
    upgrade in order to use the SOFTWARE PRODUCTS.  SOFTWARE PRODUCTS labeled as
    an upgrade replace and/or supplement (and may disable) the products that formed
    the basis for your eligibility for the upgrade.  You may use the resulting
    upgraded products only in accordance with the terms of this EULA.  If the
    SOFTWARE PRODUCTS are an upgrade of a component of a package of software
    programs that you licensed as a single product, the SOFTWARE PRODUCTS may be
    used and transferred only as part of that single product package and may not
    be separated for use on more than one computer.
    
    5. COPYRIGHT.
    
    All title and copyrights in and to the SOFTWARE PRODUCTS (including but not
    limited to any images, photographs, animations, video, audio, music, text, and
    "applets" incorporated into the SOFTWARE PRODUCTS), the accompanying printed
    materials, and any copies of the SOFTWARE PRODUCTS are owned by CONCURRENT or
    its suppliers.  All title and intellectual property rights in and to the
    content which may be accessed through use of the SOFTWARE PRODUCTS are the
    property of the respective content owner and may be protected by applicable
    copyright or other intellectual property laws and treaties.  This EULA grants
    you no rights to use such content.  If these SOFTWARE PRODUCTS contains
    documentation, which is provided only in electronic form, you may print one
    copy of such electronic documentation for each person with a need for such copy.  
    
    6. BACKUP COPY.
    
    After installation of one copy of the SOFTWARE PRODUCTS pursuant to this EULA,
    you may keep the original media on which the SOFTWARE PRODUCTS were provided by
    CONCURRENT solely for backup or archival purposes.  If the original media is
    required to use the SOFTWARE PRODUCTS on the computer, you may make one copy
    of the SOFTWARE PRODUCTS solely for backup or archival purposes.  Except as
    expressly provided in this EULA, you may not otherwise make copies of the
    SOFTWARE PRODUCTS or the printed material accompanying the SOFTWARE PRODUCTS.
    
    7. AUDIT.
    
    CONCURRENT or its designated agent may, during normal business hours and during
    the term of any Services or the use of the SOFTWARE PRODUCTS and for one year
    thereafter, inspect your facilities and records to verify compliance with the
    terms of this EULA.  CONCURRENT will give you written notice of any non-
    compliance and you will have fifteen (15) days after its receipt to make
    payment to CONCURRENT for the underpayment.  If you have underreported the
    number of copies or otherwise exceeded the scope of use granted herein,
    resulting in an underpayment of more than five percent (5%), you agree to
    reimburse CONCURRENT for the costs it incurred to conduct the audit.  
    
    8. U.S. GOVERNMENT RESTRICTED RIGHTS.
    
    All SOFTWARE PRODUCTS are provided to the U.S. Government with the commercial
    license rights and restrictions described herein or "RESTRICTED RIGHTS" 
    as applicable.  Use, duplication or disclosure by the government is subject to
    restrictions set forth herein or in FAR52.227-14 and or DFAR252.227-7013 
    et seq., as applicable.  All rights not expressly granted are reserved.
    Use of the SOFTWARE PRODUCTS by the government constitutes acknowledgment
    of CONCURRENT’s rights.
    
    9. EXPORT RESTRICTIONS.
    
    This EULA is subject to all applicable export restrictions. You must comply
    with all export and import laws and restrictions and regulations of any United
    States or foreign agency or authority relating to the SOFTWARE PRODUCT and
    its use.
    
    10. UNAUTHORIZED USE. 
    
    THE SOFTWARE PRODUCTS ARE NOT DESIGNED, INTENDED, OR AUTHORIZED FOR USE IN ANY 
    TYPE OF SYSTEM OR APPLICATION IN WHICH THE FAILURE OF THE MATERIALS COULD 
    CREATE A SITUATION WHERE PERSONAL INJURY OR DEATH MAY OCCUR. Should you purchase
    or use the SOFTWARE PRODUCTS for any such unintended or unauthorized use, you 
    agree to indemnify and hold CONCURRENT and its officers, suppliers and 
    affiliates harmless against all claims, costs, damages, and expenses, and 
    reasonable attorney fees arising out of, directly or indirectly, any claim of
    product liability, personal injury or death associated with such unintended
    or unauthorized use, even if such claim alleges CONCURRENT was negligent 
    regarding the design or manufacture of the part.
    
    11. CONFIDENTIAL INFORMATION.
    
    The SOFTWARE PRODUCTS, the intellectual property and other proprietary rights 
    associated with the SOFTWARE PRODUCTS, including the source code and object 
    code, and any other information obtained under this EULA are Confidential 
    Information of CONCURRENT.  You agree to protect this Confidential Information
    with at least the same degree of care that you use to protect your own similar 
    proprietary information, but in no event less than a reasonable standard of 
    care.  You must not: (i) disclose or otherwise permit any unauthorized person 
    or entity access to, in any manner, the source code or object code of the 
    SOFTWARE PRODUCT, or any part thereof in any form; or (ii) use the source code
    or object code of the SOFTWARE PRODUCT for any purpose other than as expressly
    permitted under this EULA.  Nothing in this section will restrict your use or 
    disclosure of information that: (a) was rightfully in your possession before 
    it was received from CONCURRENT; (b) is independently developed by you without
    referring to CONCURRENT'S information or data; (c) is subsequently furnished 
    to you by a third party not under any obligation of confidentiality with 
    respect to such information or data, and without restrictions on use or 
    disclosure; or (d) is or becomes available to the public other than through 
    any act or default by you.
    
    
    LIMITED WARRANTY
    
    
    1. LIMITED WARRANTY FOR SOFTWARE PRODUCTS ACQUIRED OUTSIDE THE USA.
    
    FOR THE LIMITED WARRANTIES AND SPECIAL PROVISIONS PERTAINING TO YOUR PARTICULAR
    JURISDICTION, PLEASE REFER TO YOUR WARRANTY BOOKLET INCLUDED WITH THIS PACKAGE
    OR PROVIDED WITH THE SOFTWARE PRODUCT PRINTED MATERIALS.
    
    2. LIMITED WARRANTY FOR SOFTWARE PRODUCTS ACQUIRED IN THE US AND CANADA.
    
    CONCURRENT warrants that the SOFTWARE PRODUCTS will perform substantially in
    accordance with the accompanying written materials for a period of ninety (90)
    days from the date of receipt.  CONCURRENT warrants that the media on which all
    components of the SOFTWARE PRODUCTS are furnished will be free from defects in
    materials and manufacture under normal use for a period of ninety (90) days
    from the date of shipment. CONCURRENT does not warrant that the functions
    contained in the SOFTWARE PRODUCTS will meet User's requirements or that the
    operation of the SOFTWARE PRODUCTS will be entirely error free, appear precisely
    as described in the accompanying documentation, or comply with regulatory
    requirements. This Limited Warranty is void if failure of the SOFTWARE PRODUCTS
    has resulted from accident, abuse, misapplication, alteration, or change by
    anyone other than CONCURRENT.  CONCURRENT is not responsible for problems
    associated with or caused by incompatible operating systems or equipment, or
    for problems in the interaction of the SOFTWARE PRODUCTS with software not
    furnished by CONCURRENT. No oral or written information or advice given by
    CONCURRENT or its employees or agents shall, in any way, extend, modify, or
    add to this Limited Warranty.  
    
    3. CUSTOMER REMEDIES.
    
    CONCURRENT's and its suppliers' entire liability and your exclusive remedy
    shall be, at CONCURRENT's option, either (a) return of the price paid, if any,
    or (b) repair or replacement of the SOFTWARE PRODUCTS that do not meet
    CONCURRENT's Limited Warranty and which are returned to CONCURRENT with a copy
    of your receipt.  Any replacement SOFTWARE PRODUCTS will be warranted for the
    remainder of the original warranty period or thirty (30) days, whichever is
    longer.  Outside the United States, neither these remedies nor any product
    support services offered by CONCURRENT are available without proof of purchase
    from an authorized international source.
    
    4. NO OTHER WARRANTIES.
    
    THE WARRANTY AND REMEDY PROVIDED ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER
    WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED
    WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  This
    Limited Warranty gives you specific legal rights.  You may have others, which
    vary from state/jurisdiction to state/jurisdiction.
    
    5. LIMITATION OF LIABILITY.
    
    IN NO EVENT WILL CONCURRENT, OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR
    AFFILIATES, BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT,
    SPECIAL, OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS
    INFORMATION, BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, AND
    THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE PRODUCTS,
    EVEN IF CONCURRENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    Because some states and jurisdictions do not allow the exclusion or limitation
    of liability, the above limitation may not apply to you.
    
    6. INTELLECTUAL PROPERTY INDEMNITY.
    
    Up to the amount you spent on the license to any allegedly infringing SOFTWARE
    PRODUCTS, CONCURRENT will defend any suit or proceeding against you based upon
    a claim that any SOFTWARE PRODUCTS furnished hereunder constitute infringement
    of any U.S. patents, copyrights or trade secrets.  If CONCURRENT is notified
    promptly in writing and given full and complete authority, information and
    assistance (at its expense) for the defense of same, CONCURRENT will pay all
    damages and costs therein awarded against you. CONCURRENT shall not be
    responsible for any compromise made without its express written consent. In
    the event that the SOFTWARE PRODUCTS in such suit are held to be infringing
    and the use of such SOFTWARE PRODUCTS is enjoined, CONCURRENT will, at its own
    expense and at its sole option, either procure for you the right to continue
    using such SOFTWARE PRODUCTS, or render it non-infringing, or remove such
    SOFTWARE PRODUCTS and grant you a credit therefore, as depreciated.
    CONCURRENT shall not have any liability to you under any provision of this
    clause if any patent, copyright, or trade secrets infringement or claim
    thereof, results from modification or alteration of the product by you or your
    agents or use of SOFTWARE PRODUCTS furnished by Concurrent in combination with
    equipment or other devices not made by CONCURRENT or in any manner for which
    the SOFTWARE PRODUCTS were not licensed or designed.
    		
    
    MISCELLANEOUS
    
    
    1. TRANSFER.
    
    Unless otherwise provided herein, you may not transfer the SOFTWARE PRODUCTS 
    without the written consent of CONCURRENT unless you are a U.S. federal 
    government contractor and the SOFTWARE PRODUCTS are being transferred to a 
    federal government agency pursuant to your contract.  
    
    2. TRADEMARKS.
    
    This EULA does not grant you any rights in connection with any trademarks or
    service marks of CONCURRENT.  You may not remove or alter any trademark, logo,
    copyright or other proprietary notice in or on the SOFTWARE PRODUCTS.
    
    3. TERMINATION.
    
    Without prejudice to any other rights, CONCURRENT may terminate this EULA
    without notice if you fail to comply with the terms and conditions of this
    EULA.  You may terminate this EULA at any time. Upon termination, you must
    destroy all copies of the SOFTWARE PRODUCTS and all of their component parts.
    
    4. GOVERNING LAW.
    
    This EULA shall be construed and enforced in accordance with the laws of the
    State of Georgia, except with respect to its conflict of laws provisions. The
    parties consent to exclusive jurisdiction and venue in the federal courts
    sitting in the Northern District of Georgia, unless no federal subject matter
    jurisdiction exists, in which case you consent to exclusive jurisdiction and
    venue in the Superior Court of Gwinnett County, Georgia.  You waive all
    defenses of lack of personal jurisdiction and forum non conveniens.  Process
    may be served on either party in the manner authorized by applicable law or
    court rule.  If either party employs attorneys to enforce any rights arising
    out of or relating to this Agreement, the prevailing party shall be entitled
    to recover reasonable attorneys' fees.  The parties agree that the U.N.
    Convention on the International Sale of Goods is not applicable to this
    Agreement.
    
    5. SEVERABILITY.
    
    If any provision herein is declared invalid, the other provisions shall
    remain in full force and effect, and this Agreement will be deemed amended
    to replace, to the extent legally possible, the invalid provision.
    
    6. WAIVER.
    
    Any failure or delay in exercising any right or remedy by either party will
    not be deemed a waiver of any further, prior, or future right or remedy
    hereunder.
    
    7. NOTICES.
    
    Should you have any questions concerning this EULA, or if you desire to
    contact CONCURRENT for any reason, please contact the CONCURRENT subsidiary
    serving your country, or write: CONCURRENT COMPUTER CORPORATION, 4375 River
    Green Parkway, Suite 100, Duluth, Georgia  30096.
    
    8. ACKNOWLEDGEMENT.
    
    By using the SOFTWARE PRODUCTS, you acknowledge that you have read this
    EULA, understand it, and agree to be bound by its terms and conditions.
    Should you have any questions concerning this EULA, contact CONCURRENT,
    at the above stated address.
    
    
    (C)2009 Concurrent Computer Corporation. All rights reserved.
    
    CONCURRENT EULA 02/11/10  Revision 8.3
    

   
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