Software License Agreement

Digi International by this Agreement grants to the Licensee a nonexclusive license to use, copy, modify, and distribute computer software and documentation (together called "Software") supplied by Digi International with the following terms and conditions. Anyone who uses, copies, modifies, or distributes the Software automatically becomes a Licensee, and is bound by the terms of this Agreement.

1. The Software is the EtherLite(R) Serial/Parallel Port Driver Java(TM) Edition named "portio." The Software is copyrighted by Digi International, and Digi International retains ownership of the Software and all rights associated with the Software under copyright laws.

2. Licensee may modify and add to the Source Code (.java files) of the Software, so long as no changes are made to the copyright notice, license comments, or warranty disclaimer included at the top of the Source Code files provided by Digi International. If a Source Code file is modified by Licensee, that fact must be clearly stated with an additional header comment in the file, including the name and address of the Licensee making the modification.

   Licensee may copy and distribute the Software, or any modified or compiled (.class and .html file) version of the Software, as long as an unmodified copy of this "license.html" file is included in the distribution, and Licensee includes an appropriate copyright notice of itself or of Digi International on all distribution media. Distributions may be made for Licensee's internal use or to third parties, and may be for a fee or without cost.

3. This Agreement shall continue indefinitely unless Licensee violates terms of any section of this Agreement. Upon any such violation, Licensee shall destroy all copies of the Software, as well as any modifications or compilations of the Software, and Licensee shall cease copying and distributing the Software and any modifications or compilations of the Software.

4. DIGI INTERNATIONAL IS MAKING THE SOFTWARE AND ITS DOCUMENTATION AVAILABLE "AS IS" FOR NO FEE. DIGI INTERNATIONAL MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THIS SOFTWARE OR ITS DOCUMENTATION, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. DIGI INTERNATIONAL SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY LICENSEE AS A RESULT OF USING, COPYING, MODIFYING, OR DISTRIBUTING THIS SOFTWARE OR ITS DOCUMENTATION, OR DERIVATIVES OR COMPILATIONS OF THEM.

5. RESTRICTED RIGHTS LEGEND. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software Clause at DFARS 252.227.7013 and in similar clauses in the FAR and NASA FAR Supplement. Digi International, 11001 Bren Road East, Minnetonka, Minnesota 55343.

6. The portions of the Software which are provided in Object Code form without corresponding Source Code files contain proprietary information of Digi International. Licensee must not decompile, disassemble, or otherwise reduce such Software to a human-perceivable form.

7. If any provision of the Agreement shall be held to be invalid or unenforceable in any jurisdiction, the validity and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. This Agreement represents the total agreement between the parties. This Agreement is governed by the laws of the State of Illinois, U.S.A.

EtherLite is a registered trademark of Digi International. Java is a trademark or registered trademark of Sun Microsystems, Inc. in the U.S. and other countries.