Terms of Use

Use of Site

All documents on this Web site are the property of Total Phase, Inc. ("Total Phase") and may be used solely for informational purposes by Total Phase clients and prospective customers. By downloading any items from this site you automatically agree to the terms and restrictions described below. If you are opposed to any of the following, please do not use this site in any fashion.

Total Phase reserves the right to change prices, terms, specifications, and warranties without notice. We endeavor to accurately describe every product offered for sale, however, mistakes can sometimes be made. Any typographical, photographic, or specification error in product description, pricing or offers is subject to correction or verification (including after an order has been submitted).

Errors on Our Website

Despite our efforts to ensure that the information on our website is accurate, complete and current, there may be instances when information about a Product contains inaccurate or incomplete data, including data about the Product's price or availability. We make no warranty or guarantee that the information on our website is error-free, complete, or current. We reserve the right to correct errors and/or update the content on our website at any time without notice. We also reserve the right to refuse or cancel any order containing any error or inaccuracy, including after the order has been submitted.

Copyright Information

The materials contained in this site are copyrighted and any unauthorized use of any materials at this site may violate copyright, trademark, and other laws. Unauthorized use includes distributing, reproducing, or modifying the information from this site without prior written consent of Total Phase.

If you breach any of these terms, you must destroy any downloaded or printed materials and your authorization to use this site will be immediately terminated. Legal action for such unauthorized use may be pursued under United States copyright law.

Unsolicited Advertising

Sending, or facilitating the sending, of unsolicited advertising materials, in any form, to or through any server owned or rented by Total Phase constitutes actionable trespass to personal property, theft of private resources, and may be considered willful harassment. Any such use of this site is strictly prohibited by Total Phase.

Trademarks

Total Phase, Total Phase, Inc., the Total Phase logo, Aardvark, Aardvark I2C/SPI, the Aardvark logo, Beagle, Beagle I2C/SPI/MDIO, Beagle I2C/SPI, Beagle USB, Beagle USB 12, Beagle USB 480, Beagle USB 5000, the Beagle logos, Cheetah, Cheetah SPI, the Cheetah SPI logo, Komodo CAN Duo, the Komodo logo, Control Center, Data Center, LiveDisplay, LiveFilter, LiveSearch, Flash Center, and Rosetta are trademarks of Total Phase, Inc. Other names or logos associated with Total Phase and referenced in this Web site are either trademarks or registered trademarks of Total Phase. The omission of a name or logo from this list does not constitute a waiver of Total Phase's trademark or other rights concerning that name or logo.

Downloading Software

You must read the relevant licensing agreement prior to downloading or installing software from this site. If you do not agree with the licensing terms, do not download the software.

User Submissions

Any information submitted to Total Phase, by a user of this site will be considered non-confidential and non-proprietary. Total Phase reserves the right to use the submission in any manner it deems fit.

Links to External Websites

Any links on this site are provided for your convenience only. Total Phase does not endorse or review these external sites. Total Phase is also not responsible for the content in any of these sites. Any access to these sites is at your own risk.

Legal Disclaimer

Total Phase shall in no event be liable to any party for direct, indirect, special, general, incidental, or consequential damages arising from the use of this site, the software or documentation downloaded from this site, or any derivative works thereof, even if Total Phase or distributors have been advised of the possibility of such damage. The software, its documentation, and any derivative works is provided on an "as-is" basis, and thus comes with absolutely no warranty, either express or implied. This disclaimer includes, but is not limited to, implied warranties of merchantability, fitness for any particular purpose, and non-infringement. Total Phase and distributors have no obligation to provide maintenance, support, or updates.

All other products, company names, and company logos mentioned in this site may be trademarks of their respective owners.

Application/Software License Agreement

Total Phase Software and Firmware
Copyright (c) 2004-2015 Total Phase, Inc.
All rights reserved.

Preamble 

This package is significantly comprised of software, firmware, documentation, and related materials that are the sole property of Total Phase, Inc. ("Total Phase"). These components are herein referred to as "Product." Your use of the Product and distribution is subject to the terms in this License Agreement ("Agreement").

By using or distributing the Product, you are consenting to be bound by the terms of this Agreement. If you do not agree, do not use or distribute the Product in whole or in part

Terms of Use

Permission to use, copy, modify, and distribute the Product is hereby granted, subject to the conditions stated below:

a. The Product is licensed only for use with other Total Phase products. Any other use is permitted only with the express written permission of Total Phase.

b. The Product may only be copied unmodified in its entirety, with all of the files intact including a verbatim copy of this Agreement. Distribution of modified copies is permitted only with the express written permission of Total Phase.

c. The Product must not be placed on any publicly-accessible Internet server including, but not limited to, web servers, ftp servers, and file sharing systems. Instead, a link should be placed to the Total Phase website where the latest versions may be obtained.

d. Any separate works which include the Product must be plainly marked as such, and must not be misrepresented as the original software.

e. You may not modify, translate, reverse-engineer, decompile, disassemble (except and solely to the extent that an applicable statute expressly and specifically prohibits such restrictions), or create derivative works of the Produ

Proprietary Rights

The Product is owned by Total Phase and is protected by United States copyright laws and international treaty provisions. All copyright, patent, trade secret, trademarks, and other intellectual and proprietary rights in the Product are and shall remain the valuable property of Total Phase. You agree to take all necessary steps to ensure that this property is protected and that the provisions of this Agreement are not violated by you or by any person under your control or in your service.

Termination

Your rights under this license will terminate automatically if you fail to comply with the terms and conditions set forth herein.

If any provision of this license agreement is held to be unenforceable, that provision shall be reformed only to the extent necessary to make it enforceable; and the balance of this license agreement shall remain in full force and effect.

Safety-Critical Systems Policy

The Product is not authorized for use in life support devices or systems. Life support devices or systems include, but are not limited to, surgical implants, medical systems, and other safety-critical systems in which failure of a Total Phase product could cause personal injury or loss of life.

The Product is not fault-tolerant and is not designed, manufactured or intended for use or resale in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, or weapons systems, in which the failure of the Product could lead directly to death, personal injury, or severe physical or environ- mental damage. Such use is unauthorized by Total Phase.

Should the Product be used in any such unauthorized manner, Buyer agrees to indemnify and hold harmless Total Phase, its officers, employees, affiliates, and distributors from any and all claims arising from such use, even if such claim alleges that Total Phase was negligent in the design or manufacture of the Product.

Open Source

The software API portion of the Product makes use of open source libraries that are not owned by Total Phase and are licensed under different terms. For specific details, please see the documentation that is included with the software API package for the relevant Total Phase products.

The GUI portion of the Product also makes use of open source components that are not owned by Total Phase. These components are redistributable and provided with the Product under the licenses of their respective owners.

Disclaimer

THE PRODUCT IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. THE COPYRIGHT HOLDER(S) AND TOTAL PHASE DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

IN NO EVENT SHALL THE COPYRIGHT HOLDER(S), TOTAL PHASE, ITS OFFICERS, EMPLOYEES, AFFILIATES, AND DISTRIBUTORS 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 THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THE PRODUCT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.