: DO NOT INSTALL OR USE THE SOFTWARE OR DOCUMENTATION UNTIL YOU HAVE
READ AND AGREED TO THIS LICENSE AGREEMENT.
This is a legal agreement between you, the Customer, and CalAmp DataCom Incorporated
(“CalAmp”). By installing and/or using the software or documentation, you are consenting to the
terms of this License. If you do not agree to the terms of this non-exclusive License Agreement, DO
NOT INSTALL OR USE THE SOFTWARE, APIs OR DOCUMENTATION. For a full refund, return the
unused media package and all accompanying materials within seven (7) days to CalAmp. Where
there is no packaging or media, use of the software and/or documentation constitutes acceptance.
DEFINITIONS: As used in this License Agreement, “Software” means CalAmp’s LM Direct™, LMU
Manager™, LapTop Locator™, LMU Application/Programmable Event Generator™, CDMA LMU
Provisioning Tool, GPRS LMU Provisioning Tool, iDEN™ Provisioning Tool, LMU Status, Clone Config,
Hex Dump, LM Exchange™ Traffic Monitor, Freewave Base Station Config, Remote Serial Port, App
Watcher Service and/or other software products licensed by CalAmp for use in computer
applications development or integration including the computer programs, libraries and related
materials either contained on the media provided to you by or from CalAmp, or which you have
received or downloaded electronically. “Application” means a compiled or executable software
program created by Developer that uses some or all of the functionality of the Software. “Software
Copies” means the actual copies of all or any portion of the Software including backups, updates,
merged or partial copies permitted hereunder or subsequently licensed to you. “Documentation”
means the non-Software information contained on the media provided with this package or
downloaded and which is used with and describes the operation and use of the Software.
“Documentation Copies” means the actual copies of all or any portion of the Documentation
including backups, updates, merged or partial copies permitted hereunder or subsequently provided
to you. “Related Materials” means all other materials and whatever is provided by or from CalAmp,
and the non-Software and non-Documentation contained on the media supplied, downloaded, or
otherwise supplied by or from CalAmp for use with the Software and Documentation. “Server”
means a single, networked computer that is accessible to other client machines on the network.
“User” means (i) a single person using an Application for his/her internal, use or (ii) a single terminal
or a single workstation of a computer used only by a person (and not accessed otherwise) for
accessing an Application. “Use License” means limited rights granted by CalAmp for deployment of a
single Application to a User. “Developer” means a single programmer developing an Application.
“Developer License” means the grant of certain limited rights to use and maintain the Software,
Software Copies, Documentation, Documentation Copies and Related Materials in development of
Applications.
BACKGROUND
: A Developer License is required for each Developer who uses the Software in building
Application(s). A Use License is required and must be purchased by Customer for each User to which
Customer provides access to an Application (unless a Server or Site license for unlimited or a
specified number of users has been purchased). Each Use License is specific to one client-side
Application only and may not be used for any other client-side Application. Each Server license is
limited to Server-based Applications deployed on that Server for which the license has been
purchased as specified in a CalAmp License Certificate. The Software is licensed on a per Developer,
and on a per User, per Application basis. In order to preserve and protect its rights under applicable
law, CalAmp is not selling you ownership rights to Software or Documentation (owned by or licensed
to CalAmp). CalAmp specifically retains title to all CalAmp Software, Documentation and Related
Materials and CalAmp licensors retain title to items owned by them.
DURATION: This License Agreement is effective from the day you install or start using the Software, or
receive or download it electronically, and continues until terminated. If you fail to comply with any
provision of the License, termination is automatic, without notice from CalAmp and without the
necessity for recourse to any judicial authority. Upon termination, you must destroy the Related
Materials, the Software, Documentation and all Software and Documentation copies. CalAmp can
also enforce its other legal and equitable rights.
DEVELOPER LICENSE ONLY—USES PERMITTED: Software and Documentation may be used for the sole
purpose of developing Applications and only by a licensed Developer. Software and Documentation
may be installed onto a hard disk drive or a Server, access to which is restricted to Developers for
which a Developer License has been purchased and may also be stored or installed on a storage
device such as a network server, used only to install or access the Software or Documentation on
your other computers over an internal network; however, you must have acquired a license for each
separate computer on which the Software or Documentation is installed or accessed from the
storage device. A Developer License may not be shared or used concurrently on different computers.
One backup copy may be made for each legally obtained media copy or electronic copy you have
received, provided that all CalAmp and third party licensor information — including copyright
notices — are maintained and possession of the copy is retained in a secure location. In addition,
you agree to use reasonable efforts to protect the Software and Documentation from unauthorized
use, reproduction, distribution or publication. All rights not specifically granted in this License are
reserved by CalAmp.
: UNLESS OTHERWISE AGREED TO IN WRITING WITH CALAMP,YOU
MAY NOT (1) Make derivative works including but not limited to translations, adaptations,
arrangements or any other alteration (each of which would become the property of CalAmp or its
licensors, as applicable) or make copies of the Software or Documentation except as permitted
above; (2) Make copies of the Related Materials; (3) Use any CalAmp product to translate the
product of another licensor unless you have the legal right to do so; (4) Allow a greater number of
Developers to access the Software at any one time than the total number of Developer licenses for
which you have paid; (5) Rent, lease, sublicense or lend the Software, Software Copies,
Documentation, Documentation Copies, Related Materials or your rights under this License or allow
access to the Software for unlicensed users; (6) Alter, decompile (except to the limited extent that
decompilation by the licensed Developer only is necessary as the only available way to achieve
interoperability with other programs and, in that situation, any resulting information cannot be used
in developing, producing or marketing any software substantially similar in expression to the
Software), disassemble or reverse engineer the Software; (7) Make any attempt to unlock or bypass
any initialization system or encryption techniques utilized by the Software or Documentation; (8)
Alter, remove or obscure any proprietary legend, copyright or trademark notice contained in or on
Software, Documentation or Related Materials; or (9) use the Software to create an Application
intended solely to duplicate functionality of an existing CalAmp end user software product.
USE LICENSES: For each Server or Site License purchased, CalAmp grants the Customer the right to
distribute Applications on a single Server or at a single Site, as the case may be, accessible to the
number of individual users (not concurrent users) for which the Server or Site License has been
purchased as evidenced by a CalAmp License Certificate. For each Use License purchased, as
evidenced by a CalAmp License Certificate, CalAmp grants the Customer the right to distribute a
single Application to a single User. In no circumstance may Customer distribute an Application under
a site license or concurrent use license unless a comparable license has been purchased for the
Software as evidenced by a CalAmp License Certificate. Customer agrees that distribution of an
Application to a User will in all cases be accompanied by a license agreement containing at a
minimum terms and conditions substantially similar to and at least as restrictive as the following:
The User may not (1) Make derivative works including but not limited to translations, adaptations,
arrangements or any other alteration of the Application or make copies of the Application, except
one backup copy may be made for each legally obtained copy of the Application, provided that all
CalAmp and third party licensor information — including copyright notices — are maintained and
possession of the copy is retained in a secure location; (2) Allow access to the Application for
unlicensed users; (3) Rent, lease, sublicense or lend the Application or its rights under the license; (4)
Alter, decompile, disassemble or reverse engineer the Application; (5) Make any attempt to unlock
or bypass any initialization system or encryption technique utilized by the Application; or (6) Alter,
remove or obscure any proprietary legend, copyright or trademark notice contained in or on the
Application.
The User agrees to use reasonable efforts to protect the Application from unauthorized use,
reproduction, distribution or publication.
: Customer shall keep records of all transactions involving Software for five (5) years after the
AUDIT
transaction. CalAmp shall have the right upon written notice to audit Customer’s records to verify
compliance with this License including the number of Use Licenses granted by Customer. Audit may
take place at Customer’s place or business during normal working hours. In the event that there is a
discrepancy in excess of five percent (5%) between the number of Use Licenses granted and the
number paid for, Customer shall pay all costs related to performing the audit in addition to remitting
payment for those licenses granted in excess of those paid for as evidenced by a CalAmp License
Certificate.
GENERAL: This Agreement represents our entire understanding and agreement regarding the
Software, Software Copies, Documentation, Documentation Copies and Related Materials and
supersedes any prior purchase order, communication, advertising or representation and may only be
modified in a written amendment signed by an authorized CalAmp representative or by a specific
prior or subsequent written agreement between the parties. If any provision of this Agreement shall
be unlawful, void or for any reason unenforceable, that provision shall be deemed severable from,
and shall in no way affect the validity or enforceability of, the remaining provisions.
Limited Warranty
COVERING THE PHYSICAL MEDIA AND PRINTED MATERIALS: CalAmp warrants to you, the original licensee,
that the media on which the Software is recorded are free from defects in materials and
workmanship under normal use and service FOR A PERIOD OF NINETY (90) DAYS FROM THE DATE OF
DEVELOPER LICENSE PURCHASE. CalAmp’s entire liability and your exclusive remedy as to defective
media, Documentation or Related Material(s) shall be replacement of the media, Documentation or
Related Material(s) by CalAmp. Each defective item, along with proof of license purchase and date,
must be sent in a traceable manner to: CalAmp DataCom Inc., 1401 North Rice Ave. Oxnard, CA
93030.
DISCLAIMER REGARDING THE SOFTWARE,DOCUMENTATIONS AND RELATED MATERIALS
: THE SOFTWARE,
DOCUMENTATION AND RELATED MATERIALS ARE PROVIDED “AS IS.” EXCEPT AS MAY OTHERWISE BE
EXPRESSLY SET FORTH HEREIN, CALAMP MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS
OR IMPLIED, WITH RESPECT TO THE SOFTWARE, DOCUMENTATION OR RELATED MATERIALS
INCLUDING BY WAY OF EXAMPLE, AND NOT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BY WAY OF FURTHER EXAMPLE AND
NOT LIMITATION, CALAMP MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED,
WITH RESPECT TO THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE DOCUMENTATION OR
THE RELATED MATERIALS. THE ENTIRE RISK AS TO THE USE OF THE SOFTWARE, DOCUMENTATION
AND RELATED MATERIALS IS ASSUMED BY YOU. IN NO EVENT SHALL CALAMP BE LIABLE TO YOU OR
ANY OTHER PERSON, REGARDLESS OF THE CAUSE, FOR THE EFFECTIVENESS OR ACCURACY OF THE
SOFTWARE, DOCUMENTATION OR RELATED MATERIALS OR FOR ANY SPECIAL, INDIRECT,
INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR OCCASIONED BY YOUR USE OF THE
SOFTWARE, DOCUMENTATION OR RELATED MATERIALS, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. IN THE EVENT THE FOREGOING IS FOUND BY A COURT OF COMPETENT
JURISDICTION TO BE INEFFECTIVE, YOU HEREBY AGREE THAT CALAMP’S MAXIMUM LIABILITY FOR
ANY CLAIM ARISING IN CONNECTION WITH THE SOFTWARE, DOCUMENTATION AND/OR RELATED
MATERIALS (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR
OTHERWISE) SHALL NOT EXCEED THE LICENSE FEES PAID BY YOU WITH RESPECT TO THE SOFTWARE,
DOCUMENTATION AND/OR RELATED MATERIALS AT ISSUE. SOME STATES DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING
PROVISION, WITH RESPECT TO EXCLUDING OR LIMITING SUCH DAMAGES, MAY NOT APPLY TO YOU.
ACKNOWLEDGEMENT
: You acknowledge that you have read this LIMITED WARRANTY, understand it
and agree to be bound by its terms and conditions. You also agree that: (1) No oral or written
information or advice given by CalAmp, its dealers, distributors, agents or employees shall in any
way increase the scope of this Limited Warranty and you may not rely on any such information or
advice; (2) Unless a written governing agreement signed by you and CalAmp exists, this License
Agreement is the complete and exclusive statement of agreement between CalAmp and you
regarding the licensing of the Software, Documentation and Related Materials and supersedes all
proposals, oral or written, and any other communications you may have had prior to purchasing
your license; (3) Except for the price and delivery terms agreed upon by both parties, the terms and
conditions of this License Agreement shall supersede those set forth in any purchase order where
the purchase order conflicts or is inconsistent with or adds to the terms and conditions of this
License and those superseded purchase order terms and conditions shall be null and void; (4) You
agree to assure that copies of this License Agreement are distributed, read and agreed to by each
Developer using the Software and/or Documentation.
GOVERNING LAW
States, excluding its conflicts of law principles and excluding the United Nations Convention on
Contracts for the International Sale of Goods. You agree to exclusive jurisdiction of California State
federal and state courts, Ventura County, for resolution of any dispute related to this Agreement.
: This Agreement shall be governed by the laws of the State of California, United
: The Software Documentation and Related Materials are
Regulatory Information
FCC Rules
Compliance Statement (Part 15.19)
The enclosed hardware device complies with the Part 15 of the FCC Rules. Operation is subject to the following
two conditions: (1) This device may not cause harmful interference, and (2) This device must accept any
interference received including interference that may cause undesired operation.
FCC ID: APV-FOB10
IC ID: 5843C-FOB10
M/N: FOB10-BL
Manufacture: CalAmp Corp.
Warning (Part 15.21)
Changes or modifications not expressly approved by CalAmp could void the user’s authority to operate the
equipment. Manufacturer is not responsible for any radio or TV interference caused by unauthorized
modifications to this equipment.
Compliance Statement (Part15.105(b))
This equipment has been tested and found to comply with the limits for a Class B digital device, pursuant to
Part 15 of the FCC Rules. These limits are designed to provide reasonable protection against harmful
interference in a residential installation. This equipment generates, uses and can radiate radio frequency
energy and, if not installed and used in accordance with the instructions, may cause harmful interference to
radio communications. However, there is no guarantee that interference will not occur in a particular
installation. If this equipment does cause harmful interference to radio or television reception, which can be
determined by turning the equipment off and on, the user is encouraged to try to correct the interference by
one or more of the following measures:
• Reorient or relocate the receiving antenna
• Increase the separation between the equipment and receiver
• Connect the equipment into an outlet on a circuit different from that to which the receiver is
connected.
• Consult the dealer or an experienced radio/TV technician for help.
Industry Canada (IC) regulatory information
This device complies with Industry Canada licence-exempt RSS standard(s) . Operation is subject to the
following two conditions: (1) this device may not cause interference, and (2) this device must accept any
interference, including interference that may cause undesired operation of the device.
Le présent appareil est conforme aux CNR d’Industrie Canada applicables aux appareils radio exempts de
licence. L’exploitation est autorisée aux deux conditions suivantes : (1) l’appareil ne doit pas produire de
brouillage, et (2) l’utilisateur de l’appareil doit accepter tout brouillage radioélectrique subi, même si le
brouillage est susceptible d’en compromettre le fonctionnement
CAN ICES-3 (B)/NMB-3(B)
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