
END-USER LICENSE AGREEMENT FOR SCK® COMMUNICATION LINK SOFTWARE
IMPORTANT READ CAREFULLY: This is a legal agreement between the end user (“YOU”), and Food Automation Service Techniques, Inc. (“FAST”), the
supplier of the SCK® Communication Link Software (the “SCK® Link Software”) which is embedded within the controller of this appliance purchased from
the BLODGETT OVEN COMPANY (“COMPANY”). The SCK® Link Software includes computer software, the associated media, operational instructions,
and any printed materials. The SCK® Link Software is used to establish communication to and from a terminal, computer, server or another controller.
By using the SCK® Link Software you agree to be bound by the terms of this End-User License Agreement (“EULA”). If you do not agree to the terms of
this EULA, promptly contact the COMPANY or FAST, and a controller that does not contain the SCK® Link Software will be provided as a replacement.
Software Product License
The SCK® Link Software is copyrighted and is protected by United States copyright laws and international treaty provisions. The SCK® Link Software is
licensed, not sold. Title, ownership rights, and intellectual property rights in the SCK® Link Software remains with FAST. You may not remove any copyright
notice of the SCK® Link Software as well as the identication mark “SCK® Communication Link” located on the front panel and communication port of the
controller.
1. License: FAST grants to you a non-transferable, nonexclusive license to:
• use the SCK® Link Software embedded within the controller only if such controller is temporarily connected to a single terminal or computer
for the exclusive purpose of conguring the operating parameters and testing of this appliance. The SCK® Link Software may only be used
with the controller.
You may not, unless under a separately purchased SCK® Network License from FAST:
• use the SCK® Link Software for peer-to-peer networking or networking of multiple FAST controllers;
• use the SCK® Link Software for the purpose of permanently connecting the FAST controller to a terminal, a computer, server or another
controller.
This requirement stands whether you purchased a server from FAST, third party application software or develop an application yourself.
2. Copyright: You agree that the SCK® Link Software is the property of FAST and is proprietary to them. You agree to use your best efforts to prevent
and protect, the contents of the SCK® Link Software, or any part of, from unauthorized use or disclosure.
3. License Fee: The SCK® Link Software license is granted in consideration for the license fee which has been paid by the COMPANY. The license fee
may have been charged separately when you purchased your controller or included in the total purchase price of the controller.
4. Description of Other Rights and Limitations: You may not:
• modify, network, rent, loan, distribute, sublicense or create derivative works based upon the SCK® Link Software in whole or in part or elec-
tronically transmit the SCK® Link Software over a network.
• disassemble, reverse compile, translate or decipher the software or protocols of the SCK® Link Software, in whole or in part, for any purpose.
No license under any existing or future patents to which FAST has rights, interest or title thereto is granted by FAST to you except that which is necessary
for the limited use of the SCK® Link Software in the form provided to you and as authorized herein.
The SCK® Link Software contains copyrighted material, trade secrets and other proprietary material and in order to protect them you may not decompile,
reverse engineer, disassemble or otherwise reduce the SCK® Link Software to a human-perceivable form.
All your rights under the EULA are transferred with the controller, and the recipient agrees to abide by the terms of the EULA. Once you have transferred
the controller all your rights under this EULA are terminated.
5. Termination: Without prejudice to any other rights, FAST may terminate this EULA without refund if you fail to comply with the terms and conditions
of this EULA.
6. Limited Warranty: FAST WARRANTS THAT THE SCK® LINK SOFTWARE WILL, UNDER NORMAL AND ANTICIPATED USE, AND WHEN USED
IN THE SPECIFIED OPERATING CONDITIONS, BE FREE FROM MATERIAL OPERATING DEFECTS FOR TWO (2) YEARS FROM THE DATE
OF PURCHASE. IF ANY CLAIM IS MADE THAT THE SCK® LINK SOFTWARE INFRINGES THIRD PARTY INTELLECTUAL PROPERTY, FAST’S
OBLIGATIONS SHALL BE EXCLUSIVELY SET FORTH IN 2-312(3) AND 2-607 OF THE CONNECTICUT UCC. FAST WILL BE OBLIGATED ON
ANY CLAIM ONLY IF (1) YOU HAVE PROVIDED US WITH PROMPT NOTICE OF ANY SUCH CLAIM; AND (2) ANY SUCH CLAIM IS NOT BASED
UPON YOUR FAILURE TO INSTALL AND OPERATE THE GOODS IN ACCORDANCE WITH OUR SPECIFICATIONS AND DIRECTIONS; AND (3)
ANY SUCH CLAIM IS NOT ATTRIBUTABLE TO EQUIPMENT OR OTHER DEVICES SUPPLIED BY ANYONE BUT FAST; AND (4) YOU ALLOW US
TO CONTROL THE DEFENSE AGAINST OR OTHER OPPOSITION TO SUCH CLAIM, INCLUDING THE SETTLEMENT OF SUCH CLAIM AND
ANY RELATED PROCEEDINGS.
7. No Other Warranties: EXCEPT AS SET FORTH ABOVE, FAST DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION, ANY WARRANTIES AS TO THE SUITABILITY, MERCHANTABILITY OR FITNESS WITH REGARD TO THE SCK® LINK
SOFTWARE.
8. No Liability for Consequential Damages: IN NO EVENT SHALL FAST BE LIABLE FOR ANY LOST OR ANTICIPATED PROFITS, OR ANY INCI-
DENTAL, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SCK® LINK
SOFTWARE, REGARDLESS OF WHETHER FAST WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT
ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL FAST’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES
OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU FOR THE SCK® LINK
SOFTWARE.
9. U.S. Government Restricted Rights: The SCK® Link Software is provided with “Restricted Rights.” Use, duplication or disclosure by the govern-
ment is subject to restrictions as set forth in FAR52.227-19 and DFAR252.227-7013 et seq. or its successor. Use of the SCK® Link Software by the
Government constitutes acknowledgment of FAST’s proprietary rights in them. Manufacturer is Food Automation Service Techniques, Inc. Stratford
Connecticut.
THIS SOFTWARE LICENSE AGREEMENT AND WARRANTY ARE GOVERNED BY THE LAWS OF THE STATE OF CONNECTICUT, U.S.A.