End-User License Agreement (EULA)

Source files will have this copyright notice at the start of the file:

/*
© 2012-2013 Piccolo Consulting Services Pty Ltd. All rights reserved
*/

Source files that also have the EULA attached at the end of the file will have the following longer notice:

/*
© 2012-2013 Piccolo Consulting Services Pty Ltd. All rights reserved

For license conditions regarding distribution of this file, and for warranty and limitation of liability, refer to EULA at end of this file. Please report incidents of copyright abuse to abuse@embeddedcoolness.com.
*/

And this text of the EULA at the end of the file:

/*
EULA – End User License Agreement

[This agreement is in two parts. The first part describes restrictions on distribution and your obligations respecting copyright. The second part describes limitations of liability and fitness of use/warranties. You must agree to both parts to be granted an end-user license. “You” refers to the end-user for the purposes of this agreement.]

1) Copyright restrictions

This software source code is copyright protected internationally under the Berne Convention, and within member countries by applicable Federal and State laws. All rights are reserved by the copyright owner.

a) Restrictions on distribution of source code, modified source code, and derived works:

You may not remove or modify the copyright notice at the beginning of this file, or the text of the EULA at the end of this file. You may use copies of this software source code, in original or allowed modified form, for your own personal use. You may not distribute or otherwise make available (e.g., by email, or by peer-to-peer file sharing, or uploading to a file download site, or installing on a public or shared-use computer system or network) this software source code in original or modified form to any third party without the written permission of the copyright owner.

b) Distribution of compiled object code and compiled and linked executable code:

The copyright restrictions on distribution of the software source code described in section a) above do not apply to distribution of object code/executable code that has been created using this software source code; you are free to distribute the resulting executable code as you see fit,
– to extent allowable under any other licensing conditions you may be subject to,
– taking into consideration the suitability of use and limitations of liability in sections 4) and 5),
– and providing you do not distribute or allow disclosure of the source code to any third party in the process.

Note that there is the potential for the issue of “incompatible licensing” to occur for distribution of the executable code if, for example, the executable program also incorporated some GPL licensed software. Some versions of the GPL insist on making _all_ source code available for a project if distributing an executable that used _any_ GPL licensed source code in the project. In such a case, the program with the mixed licenses could be legally used only for private use, which does not compel the disclosure of source code under the GPL, but distribution of the program to a third party would potentially result in the violation of the terms of at least one of the licenses. Short version: Don’t mix in GPL code in the same project with this software if you want to distribute your program to third parties.

2) Warranty Limitations

THIS SOFTWARE IS PROVIDED “AS IS”. PICCOLO CONSULTING SERVICES PTY LTD (“PCS”) DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO, ALL EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

SOME STATE DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

3) Limitation of Remedies and Damages

All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, improper installation, or damage determined by PCS to be to have been caused by you.

Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction or replacement of the Software Product. Selection of whether to correct or replace shall be solely at the discretion of PCS. PCS reserves the right to substitute a functionally equivalent copy of the Software Product as a replacement. If PCS is unable to provide a replacement or substitute Software Product or corrections to the Software Product, your sole alternate remedy shall be a refund of the purchase price for the Software Product.

In the event of accidental loss of all copies of the software source code (e.g., hard disk failure, accidental erasure of source code), PCS will, at its discretion, provide a replacement copy without fee to the end-user upon application.

All limited warranties on the Software Product are granted only to you and are non-transferable. You agree to indemnify and hold PCS harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.

4) Unsuitability for safety/mission-critical or life-supporting/sustaining systems

This software product is not suitable for, and shall not be used in, automotive applications. This software product is not intended, authorized, or warranted for use as components in applications intended to support or sustain life.

The end-user must understand and acknowledge the software is completely unsuitable for safety-critical or mission-critical systems. There have been no formal development or testing requirements adhered to in the development of this software. Further, the Arduino™ and derived software development systems in general must also be considered similarly untested and unsuited for safety/mission-critical or health/life-supporting systems. These development systems are aimed at educational and personal/non-professional use. In short, expect errors (“bugs”) in, and undocumented behavior from, the system libraries, and all software built using the system libraries, and use appropriate caution in software deployment accordingly.

5) Limitations of liability

PCS makes no warranty the Software Product will meet your requirements or operate under your specific conditions of use. PCS makes no warranty that operation of the Software Product will be secure, error free, or free from interruption. YOU MUST DETERMINE WHETHER THIS SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY, YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS OR HARM INCURRED DUE TO FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS.

UNDER NO CIRCUMSTANCES SHALL PCS, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS FROM LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF PCS OR ANY OTHER PARTY, EVEN IF PCS IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS PCS’S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFCTIVE TO THE MAXIMUM EXTENT PERMITTED.

6) Severability

If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in full force and effect to the maximum extent permitted by such applicable laws.
*/