BrightSign
Firmware
License Agreement

February 10, 2020

BrightSign Firmware License Agreement

For Software download please follow the below link (once you’re on the download page, after clicking on the below link, scroll down to find and download the required software):

http://www.brightsign.biz/downloads/overview/

IMPORTANT: READ THIS AGREEMENT CAREFULLY AND REVIEW THE FULL PRODUCT MANUAL AND OTHER INFORMATION AT WWW.BRIGHTSIGN.BIZ BEFORE POWERING UP YOUR BRIGHTSIGN PRODUCT (“PRODUCT”) FOR THE FIRST TIME. THIS LICENSE AGREEMENT IS THE LEGAL AGREEMENT (“AGREEMENT”) BETWEEN YOU (“YOU”) AND BRIGHTSIGN, LLC. (“BRIGHTSIGN”) GOVERNING YOUR USE OF THE FIRMWARE THAT OPERATES WITH THE PRODUCT (“FIRMWARE”). IF YOU DOWNLOAD AND INSTALL THE FIRMWARE OR POWER UP OR OTHERWISE USE THE PRODUCT, YOU ARE INDICATING THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO BE BOUND BY, THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU SHOULD NOT DOWNLOAD THE FIRMWARE, YOU ARE NOT GRANTED ANY RIGHTS WHATSOEVER IN THE FIRMWARE AND YOU HAVE NO RIGHT TO USE THE PRODUCT.

Third Party Notices

Some of the technology utilized in the Product is subject to third party licenses, which require that you be given this notice:

MPEG Layer-3 audio coding technology licensed from Fraunhofer IIS and Thomson.

See also Separately Licensed Code below.

License
Subject to the terms of this agreement, BrightSign grants you a nonexclusive, nontransferable license to run the Firmware provided with the Product and any updated versions downloaded by you only on and as incorporated in the Product. This is a license and not a sale. You shall not (i) copy or distribute, sublicense, lease, rent or otherwise transfer the Firmware to any third party except with and incorporated in the Product, and then not for value; (ii) modify, adapt, alter, translate, or create derivative works of the Firmware; (iii) decompile, disassemble, reverse engineer or otherwise derive source code, or attempt to derive source code, from the Firmware except to the extent BrightSign may, in certain jurisdictions, be required by law to permit reverse engineering and provided that the provisions of such law may not be waived or conditioned on prior request for information regarding interoperability; or (iv) have any of the foregoing done for you by a third party. The Firmware and all intellectual property rights therein are the exclusive property of BrightSign or its suppliers, except to the extent that the Firmware contains Separately Licensed Code, as provided below. BrightSign reserves the right to update the Firmware from time to time in its sole discretion, including adding, changing or removing functionalities and features, including but not limited to changing the user interface. All rights in and to the Firmware not expressly granted to you in this Agreement are reserved by BrightSign.

Separately Licensed Code
Notwithstanding the other provisions of this Agreement, certain components of the Firmware are, or are modifications of, “free” or “open source” software (“Separately Licensed Code”). Separately Licensed Code is subject to the terms and conditions of its applicable license, including the GPL v2, LGPL v2.1, AFL v2.1, and Artistic licenses, and is not subject to the License above. As required by the terms of the relevant Separately Licensed Code licenses, BrightSign makes the “free” and “open source” code provided under such licenses, and BrightSign’s modifications to such code, available on BrightSign’s website, at no charge. Please see the README-Sources file provided with this Firmware and visit http://www.brightsign.biz for detailed information on our use of Separately Licensed Code, the relevant licenses and, where required, the relevant source code.

WARRANTY DISCLAIMER
THE FIRMWARE IS PROVIDED “AS IS,” WITHOUT ANY WARRANTY OF ANY KIND. BRIGHTSIGN DISCLAIMS ALL WARRANTIES, ORAL OR WRITTEN, EXPRESS, IMPLIED, ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, OR STATUTORY. ANY AND ALL OTHER WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, QUIET ENJOYMENT AND ACCURACY ARE EXPRESSLY EXCLUDED. YOU SHALL NOT HAVE THE RIGHT TO MAKE OR PASS ON, AND SHALL TAKE ALL MEASURES NECESSARY TO ENSURE THAT NEITHER YOU NOR ANY OF YOUR DISTRIBUTORS, AGENTS, OR EMPLOYEES SHALL MAKE OR PASS ON ANY WARRANTY OR REPRESENTATION ON BEHALF OF BRIGHTSIGN TO ANY THIRD PARTY.

LIMITATION OF LIABILITY
IN NO EVENT WILL BRIGHTSIGN OR ITS SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, EXEMPLARY, INCIDENTAL AND INDIRECT DAMAGES, OR FOR LOSS OF REVENUE OR PROFITS OR DATA OR USE OR FOR THE COST OF SUBSTITUTE GOODS, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), ARISING OUT OF, OR IN CONNECTION WITH THE FIRMWARE OR YOUR USE THEREOF. IN NO EVENT WILL BRIGHTSIGN’S OR ITS SUPPLIERS’ TOTAL CUMULATIVE LIABILITY RELATING TO THE FIRMWARE EXCEED THE PURCHASE PRICE OF THE PRODUCT. Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for certain incidental or consequential damages, so the exclusions set forth above may not apply to you.

Miscellaneous This agreement is the final, complete and exclusive agreement between the parties relating to the Firmware and supersedes all prior or contemporaneous proposals, representations, understandings, or agreements relating thereto, whether oral or written. No waiver or modification of this agreement will be valid unless signed by each party. Your right to use the Firmware will immediately terminate upon any breach by you of this agreement. The waiver of a breach of any term hereof will in no way be construed as a waiver of any other term or breach hereof. If any provision of this agreement is held by a court of competent jurisdiction to be unenforceable, the remaining provisions of this agreement will remain in full force and effect. This agreement shall be governed by the laws of the State of California without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. Any action or proceeding arising from or relating to this agreement may be brought only in a federal court in the Northern District of California or in state court in Santa Clara County, California, and each party irrevocably submits to the jurisdiction and venue of any such court in any such action or proceeding. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this agreement. Should you have any question about this agreement, or if you desire to contact BrightSign, please contact us by mail at BrightSign LLC., 16780 Lark Ave, Suite B, Los Gatos, CA 95032.