BLUETOOTH SPECIAL INTEREST GROUP
SMART STARTER KIT (NO OBJECT CODE – SAMPLE SOURCE CODE AND
DOCUMENTATION ONLY)
END USER LICENSE AGREEMENT
PLEASE READ THIS END USER LICENSE AGREEMENT (“EULA”) CAREFULLY. BY CLICKING “I AGREE”
AND/OR DOWNLOADING THE SOFTWARE, YOU (THE INDIVIDUAL CLICKING “I AGREE””) REPRESENT
THAT YOU ARE AUTHORIZED TO BIND THE INDIVIDUAL AND ANY ENTITY LISTED IN THE ACCOUNT
REGISTRATION AND THAT YOU AND THAT ENTITY AGREE TO BE BOUND BY THIS EULA. IF YOU ARE
NOT AUTHORIZED OR DO NOT AGREE, DO NOT DOWNLOAD OR INSTALL THE SOFTWARE OR CLICK
TO INDICATE THAT YOU AGREE TO THIS EULA. This EULA is a legal agreement between Bluetooth
Special Interest Group, Inc., a Delaware Corporation (“Bluetooth SIG”) and the individual identified in the
account registration (if a company name is not listed) or, if a company name is provided, on behalf of that legal
entity (“you” and “your”) that governs the Bluetooth Smart Starter Kit, including all associated media, printed
or electronic documentation (collectively, “Documentation”), Updates (defined in Section 7 below), and
Sample Code (defined below). Collectively the Smart Starter Kit Sample Code and Documentation and all
Updates constitute the “Software”.
1. DEFINITIONS.
a. “Bluetooth Product” means any product that implements and complies with the Bluetooth
specifications adopted by the Members of Bluetooth SIG in accordance with all policies, rules,
requirements of and agreements with Bluetooth SIG.
b. “Open Source License” means any license that requires as a condition of use, modification, or
distribution of software subject to the license, that the software or other software combined or
distributed with the software be (a) disclosed or distributed in source code form; (b) licensed for
the purpose of making derivative works; or (c) redistributable at no charge.
c. “Sample Code” means those portions of the Software that are provided in source code form.
2. LICENSE GRANT. During the term of and conditioned upon your full compliance with all the terms and
conditions of this EULA, including the license restrictions set forth in Section 3 (License Limitations),
Bluetooth SIG grants to you a personal, non-transferable, non-exclusive license to: (a) reproduce and
internally use a reasonable number of copies of the Software to develop and test Bluetooth Products; and
(b) modify and redistribute the Sample Code and your modifications to the Sample Code as part of any
Bluetooth Products.
3. LICENSE LIMITATIONS. The licenses granted in Section 2 are conditioned upon your compliance with
the following:
a. You must not work around any technical limitations in the Software or use the Software in an
attempt to, or in conjunction with any device, program or service designed to circumvent
technical measures employed to control access to, or the rights in, a content file or other work;
b. You must not reverse engineer, decompile, decipher, disassemble or otherwise attempt to
access source code of any component of the Software provided only in object code form (if any),
except and only to the extent that applicable law expressly permits, despite this limitation;
c. You must not publish, rent, lease, lend, or sublicense the Software;
d. You must not distribute, transfer, disclose or otherwise provide the Software (other than Sample
Code) to any third party;
e. You must not modify or make any derivative works of the Software (other than Sample Code), in
whole or in part;
1
f. You must not remove any proprietary notices or labels on the Software or any copy thereof;
g. You must not use Bluetooth SIG’s name, logo, or trademarks;
h. You must not make any use of the Software in any manner not permitted by this EULA;
i.
j.
You may only distribute the Sample Code in object code form as part of Bluetooth Products;
You will ensure that Bluetooth Products containing Sample Code are distributed pursuant to an
end user license agreement with terms no less protective of Bluetooth SIG than those contained
in this EULA;
k. You will ensure that Bluetooth Products containing Sample Code will display a valid copyright
notice that is sufficient to protect Bluetooth SIG’s copyright in the Sample Code;
l. You will not permit further redistribution of the Sample Code by your end users or licensees,
except you may permit further redistribution of the Sample Code as part of Bluetooth Products;
and
m. You will not creative derivative works of the Sample Code or distribute the Sample Code in any
manner that would cause the Sample Code or Software to become subject to any of the terms of
an Open Source License.
4. THIRD-PARTY PRODUCTS AND SERVICES. You may need to obtain additional products or services in
order to use the Software, such as a device or other hardware and third-party software. You must obtain
or use these products or services separately and pay all associated charges. Bluetooth SIG does not
endorse or sponsor any third-party products or services and does not have control over such products or
services. Bluetooth SIG is not responsible for any malfunction or error attributable to your use of a
third-party product or service.
5. RESERVATION OF RIGHTS AND OWNERSHIP. Bluetooth SIG, its affiliates and its licensors and
suppliers own all right, title and interest (including all intellectual property rights) in the Software and
reserve all rights not expressly granted to you in this EULA. The Software is protected by copyright and
other intellectual property laws and treaties. The Bluetooth logos and word marks referenced in the
Software are the trademarks of Bluetooth SIG. Any other company names, product names, service
names and logos referenced in connection with the Software may be the trademarks of their respective
owners.
6. FEEDBACK. You may (but you are not obligated to) provide Bluetooth SIG with comments or other
feedback, suggestions, or recommended improvements regarding the Software (collectively,
“Feedback”). You agree that even if Feedback is designated as confidential, Bluetooth SIG and its
designees are free to use, disclose, reproduce, license and otherwise distribute and exploit Feedback as
Bluetooth SIG sees fit and without obligation or restriction of any kind on account of intellectual property
rights or otherwise.
7. SUPPORT AND UPDATES. Bluetooth SIG has no obligation to and may or may not provide support for
the Software. If Bluetooth SIG does provide updates, supplements, or add-on components to the
Software after you download the Software (collectively, “Updates”), this EULA will apply to the Updates
unless Bluetooth SIG provides additional terms along with any Update in which case, those terms will
apply to the Update. You agree that Bluetooth SIG may automatically check your version of the Software
and may automatically send Updates to the Software. Bluetooth SIG reserves the right to discontinue
your access to the Software at any time. Bluetooth SIG may, in its sole discretion, release subsequent
versions of the Software and require you to obtain and use the most current version.
8. TERMINATION. This EULA will automatically terminate upon your breach of any of the terms and
conditions herein. If terminated, you must immediately destroy all copies of the Software and the following
Sections of this EULA will survive: 3, 4, 5, 6, and 8-18.
9. DISCLAIMER OF WARRANTIES.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
2
THE SOFTWARE, AND SUPPORT (IF ANY) IS PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS
AVAILABLE” AND THE ENTIRE RISK OF USE AND PERFORMANCE REMAINS WITH YOU.
BLUETOOTH SIG AND ITS MEMBERS, SUPPLIERS, AND LICENSORS DO NOT MAKE ANY
REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY,
AND HEREBY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE
QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR
NON-INFRINGEMENT. IN PARTICULAR, BLUETOOTH SIG, ITS MEMBERS, SUPPLIERS, AND
LICENSORS MAKE NO WARRANTY THAT: (A) THE SOFTWARE WILL MEET YOUR
REQUIREMENTS; (B) THE SOFTWARE WILL BE AVAILABLE OR PROVIDED ON AN
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) ANY INFORMATION OR
CONTENT OBTAINED THROUGH THE SOFTWARE WILL BE ACCURATE, COMPLETE, OR
RELIABLE; OR (D) THAT ANY DEFECTS OR ERRORS THEREIN WILL BE CORRECTED. ALL
CONTENT AND OTHER MATERIAL YOU DOWNLOAD OR OBTAIN THROUGH THE SOFTWARE IS
ACCESSED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
OR LOSS THAT RESULTS THEREFROM.
10. DISCLAIMER OF CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, IN NO EVENT WILL BLUETOOTH SIG OR ANY MEMBER, SUPPLIER, OR LICENSOR BE
LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES;
FOR LOSS OF PROFITS, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, OR USE; LOSS OR
CORRUPTION OF DATA, CONFIDENTIAL INFORMATION, OR OTHER INFORMATION; BUSINESS
INTERRUPTION; PERSONAL INJURY; PROPERTY DAMAGE; LOSS OF PRIVACY; FAILURE TO
MEET ANY DUTY OF GOOD FAITH OR REASONABLE CARE; NEGLIGENCE; AND ANY OTHER
PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF, BASED ON, RESULTING FROM,
OR IN ANY WAY RELATED TO THIS EULA, THE SOFTWARE, OR THE PROVISION OF OR FAILURE
TO PROVIDE SUPPORT, EVEN IF BLUETOOTH SIG OR ANY MEMBER, SUPPLIER, OR LICENSOR
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW AND TO THE EXTENT THEY ARE NOT EXCLUDED OR DISCLAIMED UNDER
SECTIONS 9 OR 10, BLUETOOTH SIG’S AND ITS MEMBERS’, SUPPLIERS’, AND LICENSORS’
MAXIMUM, AGGREGATE LIABILITY TO YOU, AND YOUR EXCLUSIVE REMEDY UNDER THIS EULA
FOR ANY AND ALL DAMAGES, INJURIES, AND LOSSES ARISING FROM ANY AND ALL CLAIMS
AND CAUSES OF ACTION ARISING OUT OF, BASED ON, RESULTING FROM, OR IN ANY WAY
RELATED TO THIS EULA, THE SOFTWARE, OR THE PROVISION OF OR FAILURE TO PROVIDE
SUPPORT WILL BE TO RECOVER THE ACTUAL DAMAGES YOU INCUR BASED UPON
REASONABLE RELIANCE ON THE APPLICATION UP TO FIVE DOLLARS (U.S. $5). THE
EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO THIS EULA, THE
SOFTWARE, OR THE PROVISION OR FAILURE TO PROVIDE SUPPORT WILL NOT ENLARGE OR
EXTEND THE LIMITATION OF MONEY DAMAGES WHICH WILL BE YOUR SOLE AND EXCLUSIVE
REMEDY.
12. INDEPENDENT REMEDIES. The exclusion of damages under Section 10 is independent of your
exclusive remedy in Section 11 and it survives even if the exclusive remedy fails of its essential purpose
or otherwise is deemed unenforceable. Each of the limitations of liability in Sections 10 and 11 apply
without regard to whether loss, liability, or damage arise from (a) breach of contract, (b) breach of
warranty, (c) fault or tort, including negligence and misrepresentation, (d) strict liability, or (e) any other
cause of action, to the extent the exclusions and limitations are not prohibited by applicable law.
13. NOTICE ON POTENTIAL LIMITS OF SECTIONS 9, 10, AND 11. Some jurisdictions do not allow the
exclusion or limitation of damages (including incidental or consequential damages), loss, or
liability from intentional acts (including fraud, fraudulent misrepresentation, and failure to
disclose defects), product liability, or for death or personal injury. Nothing in Sections 9, 10, or
3
11 will be interpreted as excluding liability which cannot under applicable law be excluded in
those jurisdictions. If you reside, or are otherwise subject to the laws in one of those
jurisdictions any statutory entitlement available to you will be deemed limited to the extent (if at
all) permissible under that law and, if limitation is not permitted, the limitations and exclusions in
Sections 9, 10, or 11 may not apply to you.
14. INDEMNIFICATION. You will defend, indemnify, and hold Bluetooth SIG and its directors, officers,
employees, agents, members, partners, suppliers, and licensors harmless and will keep them
indemnified from any claim or demand, including reasonable attorneys’ fees, relating to or arising from (a)
your use of the Software; (b) any violation by you of this EULA; or (c) your violation of any another party’s
rights or applicable law.
15. GOVERNING LAW AND DISPUTE RESOLUTION. This EULA shall be construed and controlled in
accordance with the laws of the State of Washington without reference to its conflict of laws provisions.
You agree to submit to exclusive jurisdiction and venue in the state and federal courts sitting in King
County, Washington, United States, for any and all disputes, claims, and actions arising from or in
connection with the Software or this EULA. The United Nations Convention on Contracts for the
International Sale of Goods will not apply to this EULA.
16. COMPLIANCE WITH LAW; EXPORT REGULATIONS. You will comply with all national and
international laws, rules and regulations that apply to the Software and your use of the Software, including
the U.S. Export Administration Regulations (to which the Software is subject), as well as end-user,
end-use, and destination restrictions issued by U.S. or other governments. You acknowledge that the
Software is of U.S. origin.
17. GENERAL. Section titles are only for convenience and have no legal or contractual significance. Any list
of examples following "including" or "e.g.," is illustrative and not exhaustive, unless qualified by terms like
"only" or "solely." Bluetooth SIG’s failure to act with respect to a breach by you or others does not waive
its rights to act with respect to subsequent or similar breaches. A waiver will only be binding on Bluetooth
SIG if it is in a written document signed by Bluetooth SIG. If any provision of this EULA is held by a court
of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining terms, covenants and
restrictions will remain in full force and effect. You and Bluetooth SIG intend that the provisions of this
EULA be enforced to the fullest extent permitted by applicable law. Accordingly, you and Bluetooth SIG
agree that if any provision is deemed unenforceable, where possible, it will be modified to the extent
necessary to make it enforceable, which may include its deletion. Bluetooth SIG may assign this EULA, in
whole or in part, at any time with or without notice to you. You may not assign, transfer or sublicense your
rights (if any) under this EULA. This EULA will be binding upon all of Bluetooth SIG’s successors and
assigns. This EULA (including any incorporated terms), and any additional terms provided with any
Updates, constitutes the entire agreement between you and Bluetooth SIG with respect to the Software.
Both you and Bluetooth SIG warrant to each other that, in entering this EULA, neither Bluetooth SIG nor
you have relied on nor will have any right or remedy based upon any statement, representation, warranty,
or assurance other than those expressly stated in this EULA. The preceding sentence will not limit or
exclude any liability that cannot be limited or excluded under applicable law. No one other than you and
Bluetooth SIG, or Bluetooth SIG’s successors and permitted assigns, will have any right to enforce this
EULA.
18. CONTACT INFORMATION. Bluetooth SIG may elect to give you all notices (including legal process) that
Bluetooth SIG is required to give by any lawful method, including by making notice available through the
Software, on Bluetooth SIG’s web site located at www.bluetooth.org, or by sending it to any email or
mailing address that you provide to Bluetooth SIG. You acknowledge that if you do not provide Bluetooth
SIG with current and accurate contact information, Bluetooth SIG may not be able to contact you. You
agree to send Bluetooth SIG notice by mailing it to the following address:
Bluetooth SIG, Inc.
4
Attn: Executive Director
5209 Lake Washington Blvd NE
Suite 350
Kirkland, WA 98033 USA
Phone: +1.425.691.3535
Fax: +1 425 691 3524
5