These configuration files, script files and user documentation (“Software”) is protected by copyright, trade secret, and other intellectual property laws which include the protections provided by patent pending. You are only granted the right to use the Software and only for the purposes described by Banner or to the extent permitted by applicable law. Banner reserves all other rights in this Software. For so long as you have obtained an authorized copy of this Software directly from Banner, Banner grants you a limited, nonexclusive, nontransferable right and license to use this Software. Prior to engaging third parties, you shall furnish Banner with written confirmation by the third party in which it obliges to Banner to comply with these same terms and conditions and has been made aware of patent pending status
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 maximum extent permitted by applicable law, Banner, its affiliates, and its channel partners disclaim all warranties, expressed or implied, including any warranty that the Software is fit for a particular purpose, title, merchantability, data loss, non-interference with or non-infringement of any intellectual property rights, or the accuracy, reliability, quality or content in 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 or destruction. 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, damages relating 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 meet Banner minimum systems requirements. The above limitations apply even if Banner and its affiliates and channel partners have been advised of the possibility of such damages. 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 hold Banner 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 of the 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 exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by Banner in defense of any Claims.
By completing this form, you are agreeing to the terms and conditions documented above and will be allowed to download the files.