3.5 Banner Engineering Corp. Software Copyright NoticeThis software is protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the software and only for the purposesdescribed by Banner. Banner reserves all other rights in this software. For so long as you have obtained an authorized copy of this software directly from Banner, Bannergrants you a limited, nonexclusive, nontransferable right and license to use this software.You agree not to use, nor permit any third party to use, this software or content in a manner that violates any applicable law, regulation or terms of use under this Agreement.You agree that you will not reproduce, modify, copy, deconstruct, sell, trade or resell this software or make it available to any file-sharing or application hosting service.Disclaimer of Warranties. Your use of this software is entirely at your own risk, except as described in this agreement. This software is provided "AS-IS." To the maximumextent permitted by applicable law, Banner, it affiliates, and its channel partners disclaim all warranties, expressed or implied, including any warranty that the software is fit fora particular purpose, title, merchantability, data loss, non-interference with or non-infringement of any intellectual property rights, or the accuracy, reliability, quality or contentin or linked to the services. Banner and its affiliates and channel partners do not warrant that the services are secure, free from bugs, viruses, interruption, errors, theft ordestruction. If the exclusions for implied warranties do not apply to you, any implied warranties are limited to 60 days from the date of first use of this software.Limitation of Liability and Indemnity. Banner, its affiliates and channel partners are not liable for indirect, special, incidental, punitive or consequential damages, damagesrelating to corruption, security, loss or theft of data, viruses, spyware, loss of business, revenue, profits, or investment, or use of software or hardware that does not meetBanner minimum systems requirements. The above limitations apply even if Banner and its affiliates and channel partners have been advised of the possibility of suchdamages. This Agreement sets forth the entire liability of Banner, its affiliates and your exclusive remedy with respect to the software use. You agree to indemnify and holdBanner and its affiliates and channel partners harmless from any and all claims, liability and expenses, including reasonable attorney's fees and costs, arising out of your use ofthe Services or breach of this Agreement (collectively referred to as "Claims"). Banner reserves the right at its sole discretion and at its own expense, to assume the exclusivedefense and control of any Claims. You agree to reasonably cooperate as requested by Banner in defense of any Claims.3.6 Additional Copyright InformationThe Vision Manager software includes code that is copyright (c) 1985, 1989 Regents of the University of California. All rights reserved.Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or othermaterials provided with the distribution.3. All advertising materials mentioning features or use of this software must display the following acknowledgement: This product includes software developed by theUniversity of California, Berkeley and its contributors.4. Neither the name of the University nor the names of its contributors may be used to endorse or promote products derived from this software without specific priorwritten permission.THIS SOFTWARE IS PROVIDED BY THE REGENTS AND CONTRIBUTORS ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO,THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE REGENTS ORCONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORYOF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THISSOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.3.7 TrademarksControlLogix® is a trademark of Rockwell Automation, Inc.EtherNet/IP™ is a trademark of ODVA, Inc.Microsoft and Windows are registered trademarks of Microsoft Corporation in the United States and/or other countries.PROFINET® is a registered trademark of PROFIBUS Nutzerorganisation e.V.All other trademarks and registered trademarks cited are the property of their respective owners.iVu Plus TG and Color Gen2 Image Sensors16 www.bannerengineering.com - Tel: + 1 888 373 6767