[Berlin-wireless] Meraki

[Robert Schuster]

Hi,
ich habe mal der Firma Meraki Networks geschrieben und angefragt, ob es da noch
Router für uns gäbe. Heute kam auch eine Mail mit PDF Anhang, die ein Passwort
für den Shop beinhaltete. Nachdem ich mich dort eingeloggt hatte, bekam ich
erstmal einen dicken langen Vetragstext vorgesetzt, der es IMHO auch in sich hat.

Also der Meraki Router kostet im Beta Programm 49$ (Porto: keine Ahnung). Es
müssen mindestens 3 Stück bestellt werden und die enthaltene Meshsoftware soll
für 3 Monate in Betrieb genommen werden.

Auf der Homepage tönt es noch ganz toll: "Meraki's hardware platforms are open,
and we encourage others to modify and extend them." oder hier
http://meraki.net/openplatform.html. Aber im unten kopierten Vertragstext stehen
die üblichen Verdächtigen: nix reingucken, nix verändern, nix über Performance
reden. usw.

Und hier ein paar Fragen:
Ist der Meraki Router fürs OLSR Experiment interessant genug?
Würden sich noch zwei Abnehmer für die Meraki Router finden (inklusive
Einhaltung der Beta Richlinien?)

Und hier der Schrieb:

Meraki Networks, Inc.

Beta Test Agreement


This Beta Test Agreement (this “Agreement”) is a legal agreement between you
(either an individual or an entity) (“You”) and Meraki Networks, Inc. (“Meraki
Networks”) regarding the use of Meraki Networks’ hardware, software, services
and any accompanying documentation provided hereunder and described below.
BEFORE YOU CLICK ON THE “I ACCEPT AND AGREE” BUTTON AT THE END OF THIS DOCUMENT,
CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT.  IF YOU ARE A
CORPORATION, PARTNERSHIP OR SIMILAR ENTITY, THEN THE LICENSE GRANTED UNDER THIS
AGREEMENT IS EXPRESSLY CONDITIONED UPON ACCEPTANCE BY A PERSON WHO IS AUTHORIZED
TO SIGN FOR AND BIND THE ENTITY.  IF YOU ARE NOT AUTHORIZED TO SIGN FOR AND BIND
THE ENTITY, THEN CLICK ON THE BUTTON MARKED “I DECLINE” AND DO NOT ORDER OR USE
THE PRODUCT.  BY CLICKING ON THE “I ACCEPT AND AGREE” BUTTON, YOU ARE AGREEING
TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT.  IF YOU DO NOT AGREE
TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE “I DECLINE” BUTTON AND YOU WILL
NOT BE ABLE TO ORDER THE PRODUCT.

1. THE BETA PRODUCTS.

(a) Meraki Networks has developed certain electronic computer equipment and/or
software programs, which are more fully described in Exhibit A hereto (the "Beta
Products"). Upon purchase of the Beta Products, Meraki Networks agrees to
deliver such Beta Products to Tester in exchange Tester's agreement to test and
evaluate the Beta Products according to the terms and conditions set forth below.

(b) The Beta Products supplied by Meraki Networks to Tester are "beta-level"
products and have not yet met all performance specifications established by
Meraki Networks for general release and shipment to present and potential
end-users thereof.  Tester, therefore, understands that the Beta Products may
not perform as documented or otherwise represented.

2. RESPONSIBILITIES OF TESTER.

(a) Tester shall be responsible for notifying Meraki Networks of any and all
functional flaws, errors, anomalies and problems directly or indirectly
associated with the Beta Products, and shall respond to any and all reasonable
inquiries, questionnaires, surveys and other test documents submitted to Tester
by Meraki Networks.

(b) Tester agrees that all right, title and interest to any reports, Feedback,
or suggestions relating to an improvement of the Beta Products or any invention
relating to an improvement of the Beta Products conceived in or made as a result
of Tester's performance of this Agreement shall become the exclusive property of
Meraki Networks and that Meraki Networks may disclose and use such for any
purposes whatsoever, entirely without obligation of any kind to Tester.

(c) Tester, shall not disassemble, decompile, reverse engineer or otherwise in
any way attempt to derive the source code of the Beta Products.  Tester shall
not remove any copyright or other proprietary markings.

(d)  Tester shall not release any results of performance tests related to the
Beta Products to any third party without Meraki Networks’ prior written consent.

(e) Tester agrees to pay all incidental costs associated with the testing of the
Beta Products and incurred during Tester’s possession of the Beta Products,
unless otherwise agreed to in writing by both parties.

3. RESPONSIBILITIES OF MERAKI NETWORKS.

Meraki Networks shall repair or adjust the Beta Products to meet performance
specifications as quickly as is reasonable and possible. Meraki Networks further
reserves the right to alter or adjust performance specifications as it deems
necessary or desirable.

4. RIGHTS AND LICENSES.

(a) Subject to the terms and conditions of this Agreement, Meraki Networks
hereby grants Tester a non-exclusive, non-transferable, personal, limited
license to (i) use the hosted network management service provided by Meraki
Networks and (ii) internally use the Beta Products, solely for testing purposes
during the Term of this Agreement.  Tester agrees not to reproduce, sell,
transfer or otherwise distribute the Beta Products, or any copies thereof, to
any third party. The Beta Products shall be used only in conformance with
Meraki Networks’ recommended operating environment, and according to Meraki
Networks’ instructions, which may from time to time be amended by Meraki
Networks, at its sole discretion.

(b) The release of the Beta Products to Tester does not constitute a
commercialization of the Beta Products, but rather is a release for testing
purposes only. Nothing herein shall be construed as expressly or impliedly
granting any license for or right to any patents, copyrights, trademarks, or
other ideas made, conceived, acquired or owned by Meraki Networks.  Meraki
Networks reserves all rights not expressly granted.

(c)  Tester shall promptly provide to Meraki Networks, in writing where
available, any relevant feedback on the functionality and performance, or any
test results, of the Beta Products (“Feedback”).  Meraki Networks shall own all
Feedback relating to the Beta Products, and any modifications or derivatives of
the Beta Products.  Tester hereby assigns to Meraki Networks all rights in and
to the Feedback and agrees that Meraki Networks shall have the right (by not the
obligation) to use such Feedback and related information in any manner Meraki
Networks deems appropriate. Tester agrees to be listed as a beta customer of
Meraki Networks in advertisements and other marketing materials, cooperate with
Meraki Networks in the release of a press release concerning the relationship
set forth herein and participate with Meraki Networks in the drafting of a
“white paper” concerning Tester’s use of the Beta Products.

5. LIMITATION OF LIABILITY.

(A)  THE BETA PRODUCT(S) ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND
WHATSOEVER. MERAKI NETWORKS DOES NOT WARRANT THAT BETA PRODUCTS WILL SATISFY
TESTER’S REQUIREMENTS, THAT BETA PRODUCTS ARE WITHOUT DEFECT OR ERROR OR THAT
THE OPERATION OF BETA PRODUCTS WILL BE UNINTERUPTED. MERAKI NETWORKS DISCLAIMS
ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, MADE WITH RESPECT TO BETA PRODUCTS, INCLUDING WITHOUT LIMITATION ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A
PARTICULAR PURPOSE, OR THAT THE USE OF THE BETA PRODUCTS OR ANY INFORMATION
RELATING THERETO OR CONTAINED THEREIN WILL NOT INFRINGE ANY PATENT, COPYRIGHT,
TRADE SECRET OR TRADEMARK OF ANY THIRD PERSON.  MERAKI NETWORKS DOES NOT WARRANT
IN ANY WAY THAT IT WILL COMMERCIALLY RELEASE THE BETA PRODUCTS.
(B) TESTER SHALL HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION OF ITS
DATA USED IN CONNECTION WITH THE BETA PRODUCTS.  MERAKI NETWORKS IS NOT
RESPONSIBLE FOR ANY LOSS OF PROFITS, LOSS OF DATA, OR COST OF COVER.  MERAKI
NETWORKS DISCLAIMS AND REJECTS ANY LIABILITY TO TESTER, OR ANY OTHER INDIVIDUAL
OR ENTITY, FOR ANY CLAIM, LOSS, DAMAGE OR EXPENSE FOR INDIRECT, SPECIAL,
CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS
AGREEMENT OR THE BETA PRODUCTS, EVEN IF MERAKI NETWORKS HAS BEEN ADVISED OF THE
POSSIBLITY OF SUCH DAMAGES. MERAKI NETWORKS’ ENTIRE LIABILITY AND TESTER’S
EXCLUSIVE REMEDY FOR DIRECT DAMAGES UNDER THIS AGREEMENT IS LIMITED TO THE
GREATER OF THE AMOUNT ACTUALLY PAID BY TESTER TO LICENSE THE APPLICABLE BETA
PRODUCTS OR $100.
(C)  THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL
PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.

6. CONFIDENTIALITY.

(a) “Confidential Information” means any information disclosed by either party,
either directly or indirectly, in writing, orally or by inspection of tangible
objects, which is designated as “Confidential,” “Proprietary,” or some similar
designation. Tester hereby acknowledges and agrees that the Beta Products and
Feedback are Confidential Information of Meraki Networks.  Information
communicated orally will be considered Confidential Information if such
information is confirmed in writing as being Confidential Information within a
reasonable time after the initial disclosure. Confidential Information may also
include information disclosed to a disclosing party by third parties.

(b) Confidential Information does not, however, include information that (i) is
known to the receiving party prior to or at the time of its disclosure, as
evidenced by written records, (ii) is or becomes publicly known through no
wrongful act of the receiving party, (iii) is lawfully received from a third
party without a breach of any restrictions, (iv) is furnished to any third party
by Meraki Networks without similar restrictions as contained herein, (v) is
independently developed by the receiving party, or (vi) is required by law to be
disclosed by the receiving party, provided that the receiving party gives the
disclosing party prompt written notice of such requirement prior to such
disclosure and assistance in obtaining an order protecting the information from
public disclosure.

(c) All Confidential Information disclosed to Tester shall be kept confidential.
The receiving party agrees that it will not, directly or indirectly, make use of
or divulge the Confidential Information to any third party.  Tester shall use
its best efforts to prevent the publication or disclosure of the Confidential
Information or any information concerning the business, accounts or finances of,
or any of the methods of doing business used by Meraki Networks or of the
dealings, transactions, or affairs of Meraki Networks or any of its customers
which have or which may have come to Tester's knowledge during the term of this
Agreement. Tester shall promptly notify Meraki Networks if it becomes aware of
any unauthorized disclosure or use of the Confidential Information.

7. TERM AND TERMINATION.

(a) This Agreement shall begin on the date of its execution by Meraki Networks
and shall remain in force and effect until either (i) the Beta Products meet
performance specifications established by Meraki Networks and are made
commercially available generally to end users, (ii) the date which follows 120
days after the effective date of this Agreement or (iii) any termination date of
this Agreement. All provisions of confidentiality and ownership as set forth in
this Agreement shall survive any termination or expiration of this Agreement.

(b) Either party may terminate this Agreement at any time, for any reason, by
giving written notice to Meraki Networks.

(c)  Upon any termination, Tester shall cease all use of the hosted network
management service, and all licenses granted hereunder shall immediately
terminate.  Notwithstanding the foregoing, Tester is not obligated to return the
Beta Product to Meraki Networks.  If a commercial product is announced,
replacing a Beta Product, and Tester desires to acquire a license to use such
commercial product, then Tester must convert the Beta Product to a license on
Meraki Networks’ license terms and fees in effect at the time of conversion.

8. MISCELLANEOUS.

(a)  Tester acknowledges and agrees that Meraki Networks is under no obligation
to provide any maintenance releases, updates or new versions of Beta
Products (“Updates”), and any such Updates shall be provided by Meraki solely at
Meraki Networks’ option. Meraki Networks does not guarantee that the Beta
Products will become a commercially available product. If a commercially
available product is announced replacing a Beta Product, Meraki Networks does
not guarantee that the commercially available product will be similar in
functionality to the comparable Beta Product version licensed under this
Agreement. This Agreement creates no obligation on behalf of Tester to license
any such commercially available product.

(b) This Agreement contains the entire agreement between the parties pertaining
to the subject matter hereof. Any modifications or amendments to this Agreement
must be consented to in writing by both parties.  If any part of this Agreement
is found to be invalid or unenforceable, that part will be modified to the
extent necessary to eliminate its invalidity or unenforceability and the
remaining terms will be in full force and effect.

(c) Tester hereby acknowledges that unauthorized disclosure or use of the Beta
Products and/or Confidential Information will cause substantial and irreparable
injury to Meraki Networks, that money damages would not adequately compensate
for such injury, and that Meraki Networks therefore is entitled to, among other
remedies, immediate injunctive and other equitable relief for any breach of this
Agreement.

(d) This Agreement shall be binding upon and shall inure to the benefit of the
parties, their successors, legal representatives and assigns. Notwithstanding
the foregoing, Tester shall not assign its rights or obligations hereunder
without the prior written consent of Meraki Networks.

(e) In the event of a dispute regarding this Agreement, the prevailing party
shall be entitled to recover reasonable attorney's fees and costs incurred in
enforcing its rights hereunder.

(f)  Nothing in this Agreement will be construed as creating a joint venture,
partnership or principal/agent relationship between the parties.

(g)  The software in the Beta Products and any related documentation is deemed
to be “commercial computer software” and “commercial computer software
documentation,” respectively, pursuant to DFAR Section 227.7202 and FAR Section
12.212, as applicable. Any use, modification, reproduction, release, performing,
displaying or disclosing of such software or documentation by the U.S.
government shall be governed solely by the terms of this Agreement and will be
prohibited except to the extent expressly permitted by the terms of this Agreement.

(h) THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED PURSUANT TO THE LAWS OF
THE STATE OF CALIFORNIA.  THE PARTIES HEREBY IRREVOCABLY CONSENT TO THE PERSONAL
AND EXCLUSIVE JURISDICTION OF THE COURTS LOCATED IN SANTA CLARA COUNTY, CALIFORNIA.

(i)  Should you have any questions relating to this Agreement, or if you desire
to contact Meraki Networks for any reason, please call 650.641.3280 or email
sales at meraki.net.


EXHIBIT A
PRODUCT DESCRIPTION

Meraki Networks Mini access point includes:

* 802.11 b/g access point
* Wireless mesh capability
* Range extension capability
* 1 external detachable antenna
* FCC and CE certified


cya
Robert

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