Hardware:

Meshdynamics and its authorized system integrators selling the Products listed on

https://meshdynamics.com/mesh-network-products.html

warrants that commencing from the date of shipment to Customer (and in case of resale by a Meshdynamics reseller, commencing not more than 1 year after original shipment by Meshdynamics), and continuing for a period of the longer of (a) 1 year or  (b) the period set forth in the extended warranty card provided by the Hardware manufacturer and accompanying the Product (if any), the Hardware will be free from defects in material and workmanship under normal use.

The date of shipment of a Product by Meshdynamics is set forth on the packaging material in which the Product is shipped. This limited warranty extends only to the original user of the Product. Customer's sole and exclusive remedy and the entire liability of Meshdynamics and its suppliers under this limited warranty will be, at Meshdynamics or its service center's option, shipment of a replacement within the warranty period and according to the replacement process described in the extended warranty card (if any).

Meshdynamics obligations hereunder are conditioned upon the return of affected Hardware in accordance with Meshdynamics or its service center's then-current Return Material Authorization (RMA) procedures.

Software EULA (End User License Agreement)

This is an agreement between You and Meshdynamics or its affiliates and governs your Use of Meshdynamics Software. “You” and “Your” means the individual or legal entity licensing the Software under this EULA. “Use” or “Using” means to download, install, activate, access or otherwise use the Software. “Software” means the Meshdynamics computer programs and any Upgrades made available to You by an Approved Source and licensed to You by Meshdynamics.  By Using the Software, You agree to be bound by the terms of this EULA. If you are entering into this EULA on behalf of an entity, you represent that you have authority to bind that entity. If you do not have such authority or you do not agree to the terms of the EULA, neither you nor the entity may Use the Software.

License. Subject to payment of the applicable licensing fees and compliance with this EULA, Meshdynamics grants You a limited, non-exclusive and non-transferable license to Use object code versions of the Software and the Documentation solely for Your internal operations and in accordance with the Entitlement and the Documentation.  Meshdynamics licenses You the right to Use only the Software You acquire from an Approved Source. Unless contrary to applicable law, The Software may contain open source software, subject to separate license terms.

Termination: If the Software is licensed for a specified term, Your license is valid solely for the applicable term in the Entitlement. Your right to Use the Software begins on the date the Software is made available for download or installation and continues until the end of the specified term, unless otherwise terminated in accordance with this Agreement.

Evaluation Term If You license the Software or receive Meshdynamics product(s) for evaluation purposes or other limited, temporary use as authorized by Meshdynamics (“Evaluation Product”), Your Use of the Evaluation Product is only permitted for the period limited by the license key or otherwise stated by Meshdynamics in writing.  If no evaluation period is identified by the license key or in writing, then the evaluation license is valid for ninety (90) days from the date the Software or Meshdynamics product is made available to You. You will be invoiced for the full list price of the Evaluation Product if You fail to return or stop Using it by the end of the evaluation period.

"AS-IS" The Evaluation Product is licensed “AS-IS” without support or warranty of any kind, expressed or implied. Meshdynamics does not assume any liability arising from any use of the Evaluation Product. You may not publish any results of benchmark tests run on the Evaluation Product without first obtaining written approval from Meshdynamics. You authorize Meshdynamics to use any feedback or ideas You provide Meshdynamics in connection with Your Use of the Evaluation Product.

Ownership. Meshdynamics or its licensors retain ownership of all intellectual property rights  and trademarks in and to the Software, including copies, improvements, enhancements, derivative works and modifications thereof. Your rights to Use the Software are limited to those expressly granted by this EULA. No other rights with respect to the Software or any related intellectual property rights are granted or implied.

Limitations and Restrictions. You will not and will not allow an unauthorized third party to: transfer, sublicense, or assign Your rights under this license to any other person or entity unless expressly authorized by Meshdynamics in writing; modify, adapt or create derivative works of the Software or Documentation; reverse engineer, decompile, decrypt, disassemble or otherwise attempt to derive the source code for the Software; make the functionality of the Software available to third parties, whether as an application service provider, or on a rental, service bureau, cloud service, hosted service, or other similar basis unless expressly authorized by Meshdynamics in writing; Use Software that is licensed for a specific device, whether physical or virtual, on another device, unless expressly authorized by Meshdynamics in writing; remove, modify, or conceal any product identification, copyright, proprietary, intellectual property notices or other marks on or within the Software.

Note: MeshSuite source code licensee sign a separate source code licensing agreement to modify, adapt or create derivative works of the Software or Documentation.

Third Party Use of Software. You may permit a third party to Use the Software licensed to You under this EULA if such Use is solely (i) on Your behalf, (ii) for Your internal operations, and (iii) in compliance with this EULA. You agree that you are liable for any breach of this EULA by that third party.


Limited Warranty and Disclaimer.

Limited Warranty. Meshdynamics warrants that the Software will substantially conform to applicable Documentation for one year following the date the Software is made available to You for your Use. This warranty does not apply if the Software, Meshdynamics product or any other equipment upon which the Software is authorized to be used: (i) has been altered, except by Meshdynamics or its authorized representative, (ii) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by Meshdynamics, (iii) has been subjected to abnormal physical or electrical stress, abnormal environmental conditions, misuse, negligence, or accident; (iv) is licensed for beta, evaluation, testing or demonstration purposes or other circumstances for which the Approved Source does not receive a payment of a purchase price or license fee; or (v) has not been provided by an Approved Source.

Term and Termination. This EULA will immediately terminate if You breach its terms, or if You fail to pay any portion of the applicable license fees and You fail to cure that payment breach within thirty (30) days of notice. Upon termination of this EULA, You shall destroy all copies of Software in Your possession or control.

Transferability. You may only transfer or assign these license rights to another person or entity in compliance with the current Meshdynamics Relicensing/Transfer Policy. Any attempted transfer or, assignment not in compliance with the foregoing shall be void and of no effect.

US Government End Users. The Software and Documentation are "commercial items," as defined at Federal Acquisition Regulation ("FAR") (48 C.F.R.) 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in FAR 12.212. Consistent with FAR 12.211 (Technical Data) and FAR 12.212 (Computer Software) and Defense Federal Acquisition Regulation Supplement (“DFAR”) 227.7202-1 through 227.7202-4, and notwithstanding any other FAR or other contractual clause to the contrary in any agreement into which this EULA may be incorporated, Government end users will acquire the Software and Documentation with only those rights set forth in this EULA. Any license provisions that are inconsistent with federal procurement regulations are not enforceable against the U.S. Government.

Export. Meshdynamics Software, products, technology and services are subject to local and extraterritorial export control laws and regulations. You and Meshdynamics each will comply with such laws and regulations governing use, export, re-export, and transfer of Software, products and technology and will obtain all required local and extraterritorial authorizations, permits or licenses

Interoperability. To the extent required by applicable law, Meshdynamics shall provide You with the interface information needed to achieve interoperability between the Software and another independently created program.

Meshdynamics will provide this interface information at Your written request after you pay Meshdynamics licensing fees and/or software customization fees and/or NRE (if any). You will keep this information in strict confidence and strictly follow any applicable terms and conditions upon which Meshdynamics makes such information available.

Restrictions. The above Hardware warranty and limited software warranty in the End User License Agreement (“Software warranty”) do not apply if the Software, Hardware Product or any other equipment upon which the Software is authorized by Meshdynamics or its suppliers or licensors to be used (a) has been altered, except by Meshdynamics or its authorized representative, (b) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by Meshdynamics, (c) has been subjected to abnormal physical or electrical stress, abnormal environmental conditions, misuse, negligence, or accident; or (d) is licensed for beta, evaluation, testing or demonstration purposes.

DISCLAIMER OF WARRANTY

EXCEPT AS SPECIFIED IN THIS WARRANTY SECTION, ALL EXPRESS OR 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, ACCURACY OF INFORMATIONAL CONTENT, OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR PATENT ENFORCEMENTS AND TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY MESHDYNAMICS, ITS SUPPLIERS AND LICENSORS.  TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD.