INERTIAL SOLUTIONS LICENSE AGREEMENT FOR BETA FIRMWARE SOURCE CODE
Before you buy the Beta Firmware License, here are a few important things to know:
Beta means the firmware is still under development and can contain bugs. We welcome your feedback
on the product, but please be advised that purchase of the Beta Firmware source code License is not an
entitlement to firmware support. However, your purchase does provide an opportunity through direct
contact to provide timely feedback of problems and suggestions that may shape the way the product is
enhanced. (Contact by phone or by email email@example.com)
By purchasing a License, the customer gains the ability to customize the code, and is also entitled to
receive updated source code revisions for a period of one year at each major baseline release. Baseline
releases may occur two or three times per year (or more) at Inertial Solutions discretion. Customer notice
of new Beta baseline release will be by email. Updates are distributed upon customer request by Internet
download or by US mail.
The customer is responsible to create the hardware/firmware development environment with which to
compile and with which to translate the code for storage into processor memory.
By purchasing the Firmware Source Code License, you indicate your acceptance of the following Beta
Firmware License Agreement ("Agreement"). If you are purchasing the Firmware License in your
capacity of employee/representative of a company or organization, you warrant that you are authorized to
legally bind such company or organization. If you are not so authorized, please obtain acceptance of this
Agreement from an authorized representative.
This Agreement between Inertial Solutions, 14588 Budwin Ln, Poway, CA, 92064, USA and You the
User, is License to use, to modify, to compile the source code however you may wish in accordance with
the following terms and conditions. The parties hereby agree as follows:
1. Inertial Solutions grants to the User (either as an individual or entity) a limited, non-exclusive, non-
transferable, License to use, modify, compile the Beta Firmware Source Code or documentation for the
User’s own internal personal or business purposes. The cost of installation, maintenance, support, test,
training, and all other cost to use the source code and/or documentation shall be borne by the User.
2. Inertial Solutions welcomes User feedback regarding the firmware, which can be sent to
firstname.lastname@example.org. You the User agree that any feedback provided will contain no confidential
information, and that Inertial Solutions will be free to use User feedback for any purpose whatsoever.
3. "Licensed Firmware" means all or a portion of the Licensed Firmware Source Code is owned by Inertial
Solutions, including any modifications, improvements and re-releases provided by Inertial Solutions to the
4. The Firmware will be provided to You the User on an "AS IS" basis, in source code form only. At
Inertial Solutions' discretion, Inertial Solutions may choose to offer upgraded levels of Firmware as newer
levels become available. The Firmware will be delivered to you, on a "no charge basis", for a period of
one year from Your purchase of the source code License.
5. INERTIAL SOLUTIONS MAKES NO WARRANTIES EXPRESS OR IMPLIED INCLUDING BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE AS TO THE FIRMWARE PERFORMANCE, FUNCTION OR DOCUMENTATION OF THE
FIRMWARE. BECAUSE THE FIRMWARE SOURCE CODE SUPPLIED UNDER THIS AGREEMENT IS
A BETA VERSION ONLY, INERTIAL SOLUTIONS DOES NOT WARRANT THAT THE FIRMWARE IS
FREE FROM BUGS OR ERRORS. INERTIAL SOLUTIONS IS UNDER NO OBLIGATION TO
MAINTAIN, CORRECT, UPDATE OR CHANGE THE FIRMWARE. INERTIAL SOLUTIONS MAKES NO
REPRESENTATIONS OR WARRANTIES RELATING TO AND EXPRESSLY DISCLAIMS ALL LIABILITY
FOR ANY INFRINGEMENT OF PATENTS, COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY
RIGHT OF ANY PARTY WHICH MAY ARISE THROUGH YOUR USE OF THE FIRMWARE. Some
jurisdictions do not allow for the exclusion or limitation of implied warranties, so the above limitations or
exclusions may not apply to You.
6. You hereby agree to save Inertial Solutions harmless, defend and indemnify Inertial Solutions for any
and all liability caused by use of the Firmware.
7. You may not resell, distribute, transmit, sublicense, lease or rent the Source Code License or Source
Code as sold to You and Licensed to you by the action of your purchase. Except as the Source Code
and User modifications to it becomes a seperate User asset when installed in binary form on the targeted
hardware towards which it is compiled, linked, and on which it is stored for execution.
8. Unlike hardware products, the purchase of the License to the Source Code and the activation of this
Limited License Agreement is non-refundable once the Source Code is shipped.
9. The Firmware Source Code as well as the related copyrights or other industrial or intellectual property
rights, are the property of Inertial Solutions. The User acquires no title, right or interest in the source code
other than the License rights granted herein. Title to and ownership of the source code, any reproductions
and any documentation shall remain with Inertial Solutions.
10. The User agrees that unless prior written authorization is obtained from the relevant governmental
authority, it will not export, re-export, or transship, directly or indirectly, the firmware Source Code or any
technical data disclosed by the source code to or from any other country to which an applicable embargo
or other trade restriction is imposed by the US or other Government.
No modification, amendment or waiver of any of the provisions of this Agreement shall be effective unless
made in writing and signed by each party.
If any provision of this Agreement is held to be invalid or unenforceable under any circumstances, its
application in any other circumstances and the remaining provisions of this Agreement shall not be
This Agreement shall be governed by the law of the State of California and the parties hereby submit to
the exclusive jurisdiction of the courts of the State of California, San Diego county.
You the User acknowledges to have read, understand and agree to be bound by the above terms and
conditions as notified and acknowledged at the time of purchase.