This section of the MEPIS site addresses legal questions including Licenses and Source Code.
Applicable Licenses
Some MEPIS products are collections of hundreds of software components and each component has it's own end user license agreement. Most of these components are released under an Open Source license agreement. The applicable agreements are usually available in the Linux directory tree at /usr/share/docs/package-name.
Software licenses are explained in detail at WikiPedia
For an explanation from a different point of view, visit the Free Software Foundation
Some users of MEPIS products may be bound by some or all of the following licenses.
Adobe Acrobat Reader Software License
Following is the licensing agreement for Adobe Acrobat Reader. While MEPIS does not
preinstall Acrobat Reader, it is available for download and use with MEPIS.
NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY. BY USING ALL OR ANY PORTION OF THE
SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, IN
PARTICULAR THE LIMITATIONS ON: USE CONTAINED IN SECTION 2; TRANSFERABILITY IN SECTION 4;
WARRANTY IN SECTION 6 AND 7; LIABILITY IN SECTION 8; AND SPECIFIC EXCEPTIONS IN SECTION 14.
YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED
BY YOU. IF YOU DO NOT AGREE, DO NOT USE THIS SOFTWARE. IF YOU ACQUIRED THE SOFTWARE ON
TANGIBLE MEDIA (e.g. CD) WITHOUT AN OPPORTUNITY TO REVIEW THIS LICENSE AND YOU DO NOT
ACCEPT THIS AGREEMENT, YOU MAY OBTAIN A REFUND OF THE AMOUNT YOU ORIGINALLY PAID IF YOU:
(A) DO NOT USE THE SOFTWARE AND (B) RETURN IT, WITH PROOF OF PAYMENT, TO THE LOCATION
FROM WHICH IT WAS OBTAINED WITHIN THIRTY (30) DAYS OF THE PURCHASE DATE.
Adobe and its suppliers own all intellectual property in the Software. Adobe permits
you to Use the Software only in accordance with the terms of this Agreement. Use of some
third party materials included in the Software may be subject to other terms and conditions
typically found in a separate license agreement or "Read Me" file located near such materials.
1. Definitions. "Software" means (a) all of the contents of the files, disk(s), CD-ROM(s)
or other media with which this Agreement is provided, including but not limited to (i) Adobe
or third party computer information or software; (ii) digital images, stock photographs,
clip art, sounds or other artistic works ("Stock Files"); (iii) related explanatory written
materials or files ("Documentation"); and (iv) fonts; and (b) upgrades, modified versions,
updates, additions, and copies of the Software, if any, licensed to you by Adobe (collectively,
"Updates"). "Use", "Used" or "Using" means to access, install, download, copy or otherwise
benefit from using the functionality of the Software in accordance with the Documentation.
"Permitted Number" means one (1) unless otherwise indicated under a valid license (e.g.,
volume license) granted by Adobe. "Computer" means one central processing unit (CPU) that
accepts information in digital or similar form and manipulates it for a specific result based
on a sequence of instructions. "Adobe" means Adobe Systems Incorporated, a Delaware corporation,
345 Park Avenue, San Jose, California 95110, if subsection 10(a) of this Agreement applies;
otherwise it means Adobe Systems Software Ireland Limited, Unit 3100, Lake Drive,
City West Campus, Saggart D24, Republic of Ireland, a company organized under the laws of
Ireland and an affiliate and licensee of Adobe Systems Incorporated.
2. Software License. As long as you comply with the terms of this Software License Agreement
(this "Agreement"), Adobe grants to you a non-exclusive license to Use the Software for the
purposes described in the Documentation, as further set forth below.
2.1 General Use. You may install and Use a copy of the Software on your compatible Computer,
up to the Permitted Number of Computers; or
2.2 Server Use. You may install one copy of the Software on your Computer file server for the
purpose of downloading and installing the Software onto other Computers within your internal
network up to the Permitted Number or you may install one copy of the Software on a Computer
file server within your internal network for the sole and exclusive purpose of using the
Software through commands, data or instructions (e.g. scripts) from another Computer on your
internal network, provided that the total number of users (not the concurrent number of users)
that are permitted to access or Use the Software on such Computer file server does not exceed
the Permitted Number. No other network use is permitted, including, but not limited to, use of
the Software, either directly or through commands, data or instructions from or to a Computer
not part of your internal network, for internet or web hosting services or by any user not
licensed to use this copy of the Software through a valid license from Adobe; and
2.3 Backup Copy. You may make one backup copy of the Software, provided your backup copy is
not installed or Used on any computer. You may not transfer the rights to a backup copy unless
you transfer all rights in the Software as provided in Section 4.4.
2.4 Portable or Home Computer Use. In addition to the single copy permitted under Sections 2.1
and 2.2, the primary user of the Computer on which the Software is installed may make a second
copy of the Software for his or her exclusive use on either a portable Computer or a Computer
located at his or her home, provided the Software on the portable or home Computer is not used
at the same time as the Software on the primary Computer.
2.5 Stock Files. Unless stated otherwise in the "Read-Me" files associated with the Stock Files,
which may include specific rights and restrictions with respect to such materials, you may display,
modify, reproduce and distribute any of the Stock Files included with the Software. However, you may
not distribute the Stock Files on a stand-alone basis, i.e., in circumstances in which the Stock Files
constitute the primary value of the product being distributed. Stock Files may not be used in the
production of libelous, defamatory, fraudulent, lewd, obscene or pornographic material or any material
that infringes upon any third party intellectual property rights or in any otherwise illegal manner.
You may not claim any trademark rights in the Stock Files or derivative works thereof.
2.6 Third Party Website Access. The Software allows you to access third party websites ("Third Party Sites").
Your access to and use of any Third Party Site, including any goods, services or information made available
from such sites, is governed by the terms and conditions found at each Third Party Site, if any. Third
Party Sites are not owned or operated by Adobe. YOUR USE OF THIRD PARTY SITES IS AT YOUR OWN RISK. ADOBE
MAKES NO WARRANTIES, CONDITIONS, INDEMNITIES, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY
STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS, INCLUDING BUT NOT LIMITED TO
NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, INTEGRATION, ACCURACY, SECURITY, AVAILABILITY, SATISFACTORY
QUALITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE THIRD PARTY SITES.
2.7 Certified Documents.
2.7.1 Certified Documents and CD Services. The Software allows you to author and validate Certified
Documents. A "Certified Document" or "CD" is a PDF file that has been digitally signed using (a) the
Software CD feature set, (b) a certificate, and (c) a "private" encryption key that corresponds to the
"public" key in the certificate. Authoring of a CD requires that you obtain a certificate from an
authorized CD Service Provider. "CD Service Provider" is an independent third party service vendor
listed at http://www.adobe.com/security/partners_cds.html. Validation of a CD requires CD Services
from the CD Service Provider that issued the certificate. "CD Services" are services provided by CD Service
Providers, including without limitation (a) certificates issued by such CD Service Provider for use with
the SoftwareÂ’s CD feature set, (b) services related to issuance of certificates, and (c) other services
related to certificates, including without limitation verification services.
2.7.2 CD Service Providers. Although the Software provides CD authoring and validation features, Adobe
does not supply the necessary CD Services required to use these features. Purchasing, availability and
responsibility for the CD Services are between you and the CD Service Provider. Before you rely upon
any CD, any digital signature applied thereto, and/or any related CD Services, you must first review
and agree to the applicable Issuer Statement and this Agreement. "Issuer Statement" means the terms
and conditions under which each CD Service Provider offers CD Services (see the links on
http://www.adobe.com/security/partners_cds.html), including for example any subscriber agreements,
relying party agreements, certificate policies and practice statements, and Section 2.7 of this Agreement.
By validating a CD using CD Services, you acknowledge and agree that (i) the certificate used to
digitally sign a CD may be revoked at the time of verification, making the digital signature on the CD
appear valid when in fact it is not, (ii) the security or integrity of a CD may be compromised due to
an act or omission by the signer of the CD, the applicable CD Service Provider, or any other third party;
and (iii) you must read, understand, and be bound by the applicable Issuer Statement.
2.7.3 Warranty Disclaimer. CD Service Providers offer CD Services solely in accordance with the
applicable Issuer Statement. ACCESS TO THE CD SERVICES THROUGH THE USE OF THE SOFTWARE IS MADE AVAILABLE
ON AN "AS IS" BASIS ONLY AND WITHOUT ANY WARRANTY OR INDEMNITY OF ANY KIND (EXCEPT AS SUPPLIED BY A CD
SERVICES PROVIDER IN ITS ISSUER STATEMENT). ADOBE AND EACH CD SERVICE PROVIDER (EXCEPT AS EXPRESSLY
PROVIDED IN ITS ISSUER STATEMENT) MAKE NO WARRANTIES, CONDITIONS, INDEMNITIES, REPRESENTATIONS OR
TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER
MATTERS, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, INTEGRATION,
ACCURACY, SECURITY, AVAILABILITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR
PURPOSE WITH RESPECT TO THE CD SERVICES.
2.7.4 Indemnity. You agree to hold Adobe and any applicable CD Service Provider (except as expressly
provided in its Issuer Statement) harmless from any and all liabilities, losses, actions, damages, or
claims (including all reasonable expenses, costs, and attorneys fees) arising out of or relating to any
use of, or reliance on, any CD Service, including, without limitation (a) reliance on an expired or revoked
certificate; (b) improper verification of a certificate; (c) use of a certificate other than as permitted
by any applicable Issuer Statement, this Agreement or applicable law; (d) failure to exercise reasonable
judgment under the circumstances in relying on the CD Services; or (e) failure to perform any of the
obligations as required in an applicable Issuer Statement.
2.7.5 Limit of Liability. UNDER NO CIRCUMSTANCES WILL ADOBE OR ANY CD SERVICE PROVIDER (EXCEPT AS
EXPRESSLY SET FORTH IN ITS ISSUER STATEMENT) BE LIABLE TO YOU, OR ANY OTHER PERSON OR ENTITY, FOR ANY
LOSS OF USE, REVENUE OR PROFIT, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS OR FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, STATUTORY, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER RELATED
TO YOUR USE OR RELIANCE UPON CD SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH
DAMAGES ARE FORESEEABLE. THIS LIMITATION SHALL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH
OR A BREACH OF THE FUNDAMENTAL OR MATERIAL TERMS OF THIS AGREEMENT.
2.7.6 Third Party Beneficiaries. You agree that any CD Service Provider you utilize shall be a third
party beneficiary with respect to this Section 2.7 of this Agreement, and that such CD Service Provider
shall have the right to enforce such provisions in its own name as if the CD Service Provider were Adobe.
3. Intellectual Property Ownership, Copyright Protection. The Software and any authorized copies that you
make are the intellectual property of and are owned by Adobe Systems Incorporated and its suppliers. The
structure, organization and code of the Software are the valuable trade secrets and confidential
information of Adobe Systems Incorporated and its suppliers. The Software is protected by law, including
without limitation the copyright laws of the United States and other countries, and by international treaty
provisions. Except as expressly stated herein, this Agreement does not grant you any intellectual
property rights in the Software and all rights not expressly granted are reserved by Adobe and its suppliers.
4. Restrictions.
4.1 Notices. You shall not copy the Software except as set forth in Section 2. Any copy of the Software
that you make must contain the same copyright and other proprietary notices that appear on or in the Software.
4.2 No Modifications. You shall not modify, adapt or translate the Software. You shall not reverse
engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software except
to the extent you may be expressly permitted to decompile under applicable law, it is essential to do so
in order to achieve operability of the Software with another software program, and you have first asked
Adobe to provide the information necessary to achieve such operability and Adobe has not made such
information available. Adobe has the right to impose reasonable conditions and to request a reasonable
fee before providing such information. Any such information supplied by Adobe and any information obtained
by you by such permitted decompilation may only be used by you for the purpose described herein and may
not be disclosed to any third party or used to create any software which is substantially similar to the
expression of the Software. Requests for such information should be directed to the Adobe Customer Support Department.
4.3 No Unbundling. The Software may include various applications, utilities and components, may support
multiple platforms and languages and may be provided to you on multiple media or in multiple copies.
Nonetheless, the Software is designed and provided to you as a single product bundle to be Used as a bundle
on no more than the Permitted Number of Computers as permitted by Section 2. You are not required to Use all
component parts of the Software, but you shall not unbundle the component parts of the Software for Use on
different Computers. Each Computer upon which you copy any part of the Software bundle shall be considered
one of your Permitted Number of Computers. You shall not unbundle or repackage the Software for distribution
or resale.
4.4 No Transfer. You may not rent, lease, sell, sublicense, assign or transfer your rights in the
Software, or authorize all or any portion of the Software to be copied onto another user's computer
except as may be expressly permitted herein. You may, however, transfer all your rights to Use the
Software to another person or legal entity provided that: (a) you also transfer (i) this Agreement,
and (ii) the serial number(s), Software and all other software or hardware bundled, packaged or
pre-installed with the Software, including all copies, Updates and prior versions to such person or entity;
(b) you retain no copies, including backups and copies stored on a computer; and (c) the receiving party
accepts the terms and conditions of this Agreement and any other terms and conditions upon which you
legally purchased a license to the Software. Notwithstanding the foregoing, you may not transfer education,
pre-release, or not for resale copies of the Software.
5. Updates. If the Software is an Update to a previous version of the Software, you must possess a
valid license to such previous version in order to Use such Update. All Updates are provided to you
on a license exchange basis. You agree that by Using an Update you voluntarily terminate your right
to use any previous version of the Software. As an exception, you may continue to Use previous
versions of the Software on your Computer after you Use the Update but only to assist you in the
transition to the Update, provided that: (a) the Update and the previous versions are installed on
the same computer; (b) the previous versions or copies thereof are not transferred to another party
or Computer unless all copies of the Update are also transferred to such party or Computer; and
(c) you acknowledge that any obligation Adobe may have to support the previous versions of the
Software may be ended upon availability of the Update.
6. LIMITED WARRANTY. Except as may be otherwise provided in Section 14, Adobe warrants to the
person or entity that first purchases a license for the Software for use pursuant to the terms
of this license, that the Software will perform substantially in accordance with the Documentation
for the ninety (90) day period following receipt of the Software when used on the recommended operating
system and hardware configuration. Non-substantial variations of performance from the Documentation does
not establish a warranty right. This limited warranty does not apply to PATCHES, pre-release (BETA), tryout,
evaluation, product sampler, OR NOT FOR RESALE (NFR) COPIES OF SOFTWARE (See Section 14). To make a
warranty claim, you must return the Software to the location where you obtained it along with proof of
purchase within such ninety (90) day period. If the Software does not perform substantially in accordance
with the Documentation, the entire liability of Adobe and your exclusive remedy shall be limited to
either, at AdobeÂ’s option, the replacement of the Software or the refund of the license fee you paid
for the Software. THE LIMITED WARRANTY SET FORTH IN THIS SECTION GIVES YOU SPECIFIC LEGAL RIGHTS. YOU
MAY HAVE ADDITIONAL RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. For further warranty
information, please see the jurisdiction specific information at the end of this Agreement, if any,
or contact AdobeÂ’s Customer Support Department.
7. DISCLAIMER. THE FOREGOING LIMITED WARRANTY STATES THE SOLE AND EXCLUSIVE REMEDIES FOR ADOBE’S OR
ITS SUPPLIER’S BREACH OF WARRANTY. ADOBE AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE
OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, AND FOR
ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE
EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE AND ITS SUPPLIERS MAKE NO
WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW,
CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF
THIRD PARTY RIGHTS, INTEGRATION, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE. The
provisions of Section 7 and Section 8 shall survive the termination of this Agreement, howsoever
caused, but this shall not imply or create any continued right to Use the Software after termination
of this Agreement.
8. LIMITATION OF LIABILITY. IN NO EVENT WILL ADOBE OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES,
CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR
LOST SAVINGS, EVEN IF AN ADOBE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES,
CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO
THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. ADOBEÂ’S AGGREGATE LIABILITY AND THAT OF
ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE
SOFTWARE, IF ANY. Nothing contained in this Agreement limits AdobeÂ’s liability to you in the event of
death or personal injury resulting from AdobeÂ’s negligence or for the tort of deceit (fraud). Adobe is
acting on behalf of its suppliers for the purpose of disclaiming, excluding and/or limiting obligations,
warranties and liability as provided in this Agreement, but in no other respects and for no other purpose.
For further information, please see the jurisdiction specific information at the end of this Agreement,
if any, or contact AdobeÂ’s Customer Support Department.
9. Export Rules. You agree that the Software will not be shipped, transferred or exported into any
country or used in any manner prohibited by the United States Export Administration Act or any other
export laws, restrictions or regulations (collectively the "Export Laws"). In addition, if the Software
is identified as export controlled items under the Export Laws, you represent and warrant that you are
not a citizen, or otherwise located within, an embargoed nation (including without limitation Iran, Iraq,
Syria, Sudan, Libya, Cuba, North Korea, and Serbia) and that you are not otherwise prohibited under the
Export Laws from receiving the Software. All rights to Use the Software are granted on condition that such
rights are forfeited if you fail to comply with the terms of this Agreement.
10. Governing Law. This Agreement will be governed by and construed in accordance with the substantive laws
in force in: (a) the State of California, if a license to the Software is purchased when you are in the
United States, Canada, or Mexico; or (b) Japan, if a license to the Software is purchased when you are in
Japan, China, Korea, or other Southeast Asian country where all official languages are written in either an
ideographic script (e.g., hanzi, kanji, or hanja), and/or other script based upon or similar in structure to
an ideographic script, such as hangul or kana; or (c) Ireland, if a license to the Software is purchased when
you are in any other jurisdiction not described above. The respective courts of Santa Clara County,
California when California law applies, Tokyo District Court in Japan, when Japanese law applies, and the
competent courts of Ireland, when the law of Ireland applies, shall each have non-exclusive jurisdiction over
all disputes relating to this Agreement. This Agreement will not be governed by the conflict of law rules of
any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the
application of which is expressly excluded.
11. General Provisions. If any part of this Agreement is found void and unenforceable, it will not affect
the validity of the balance of this Agreement, which shall remain valid and enforceable according to its
terms. This Agreement shall not prejudice the statutory rights of any party dealing as a consumer. For
example, for consumers in New Zealand who obtain the Software for personal, domestic or household use
(not business purposes), this license is subject to the Consumer Guarantees Act. This Agreement may
only be modified by a writing signed by an authorized officer of Adobe. Updates may be licensed to you
by Adobe with additional or different terms. The English version of this Agreement shall be the version
used when interpreting or construing this Agreement. This is the entire agreement between Adobe and you
relating to the Software and it supersedes any prior representations, discussions, undertakings,
communications or advertising relating to the Software.
12. Notice to U.S. Government End Users.
12.1 The Software and Documentation are "Commercial Item(s)," as that term is defined at 48 C.F.R.
§2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation,"
as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with
48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer
Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users
(a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant
to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
Adobe Systems Incorporated, 345 Park Avenue, San Jose, CA 95110-2704, USA.
12.2 U.S. Government Licensing of Adobe Technology. You agree that when licensing Adobe Software for
acquisition by the U.S. Government, or any contractor therefore, you will license consistent with the
policies set forth in 48 C.F.R. §12.212 (for civilian agencies) and 48 C.F.R. §§227-7202-1 and 227-7202-4
(for the Department of Defense). For U.S. Government End Users, Adobe agrees to comply with all applicable
equal opportunity laws including, if appropriate, the provisions of Executive Order 11246, as amended,
Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC 4212), and Section 503
of the Rehabilitation Act of 1973, as amended, and the regulations at 41 CFR Parts 60-1 through 60-60, 60-250,
and 60-741. The affirmative action clause and regulations contained in the preceding sentence shall be
incorporated by reference in this Agreement.
13. Compliance with Licenses. If you are a business or organization, you agree that upon request from Adobe
or Adobe’s authorized representative, you will within thirty (30) days fully document and certify that use
of any and all Adobe Software at the time of the request is in conformity with your valid licenses from Adobe.
14. SPECIFIC EXCEPTIONS.
14.1 Limited Warranty for Users Residing in Germany or Austria. If you obtained the Software in Germany or
Austria, and you usually reside in such country, then Section 6 does not apply, instead, Adobe warrants that
the Software provides the functionalities set forth in the Documentation (the "agreed upon functionalities")
for the limited warranty period following receipt of the Software when used on the recommended hardware
configuration. As used in this Section, "limited warranty period" means one (1) year if you are a business
user and two (2) years if you are not a business user. Non-substantial variation from the agreed upon
functionalities shall not be considered and does not establish any warranty rights. This limited warranty
does not apply to Software provided TO YOU free of charge, for example, UPDATES, pre-release, tryout,
product sampler, NOT FOR RESALE (NFR) COPIES OF SOFTWARE, OR SOFTWARE THAT HAS BEEN ALTERED BY YOU,
TO THE EXTENT SUCH ALTERATIONS CAUSED A DEFECT. To make a warranty claim, during the limited warranty
period you must return, at our expense, the Software and proof of purchase to the location where you
obtained it. If the functionalities of the Software vary substantially from the agreed upon functionalities,
Adobe is entitled -- by way of re-performance and at its own discretion -- to repair or replace the Software.
If this fails, you are entitled to a reduction of the purchase price (reduction) or to cancel the
purchase agreement (rescission). For further warranty information, please contact AdobeÂ’s Customer
Support Department
14.2 Limitation of Liability for Users Residing in Germany and Austria.
14.2.1 If you obtained the Software in Germany or Austria, and you usually reside in such country,
then Section 8 does not apply. Instead, subject to the provisions in Section 14.2.2, Adobe's statutory
liability for damages shall be limited as follows: (i) Adobe shall be liable only up to the amount of
damages as typically foreseeable at the time of entering into the purchase agreement in respect of damages
caused by a slightly negligent breach of a material contractual obligation and (ii) Adobe shall not be
liable for damages caused by a slightly negligent breach of a non-material contractual obligation.
14.2.2 The aforesaid limitation of liability shall not apply to any mandatory statutory liability,
in particular, to liability under the German Product Liability Act, liability for assuming a specific
guarantee or liability for culpably caused personal injuries.
14.2.3 You are required to take all reasonable measures to avoid and reduce damages, in particular
to make back-up copies of the Software and your computer data subject to the provisions of this Agreement.
14.3 Pre-release Product Additional Terms. If the product you have received with this license is
pre-commercial release or beta Software ("Pre-release Software"), then the following Section applies.
To the extent that any provision in this Section is in conflict with any other term(s) or condition(s)
in this Agreement, this Section shall supercede such other term(s) and condition(s) with respect to the
Pre-release Software, but only to the extent necessary to resolve the conflict. You acknowledge that the
Software is a pre-release version, does not represent final product from Adobe, and may contain bugs,
errors and other problems that could cause system or other failures and data loss. Consequently,
the Pre-release Software is provided to you "AS-IS", and Adobe disclaims any warranty or liability
obligations to you of any kind. WHERE LIABILITY CANNOT BE EXCLUDED FOR PRE-RELEASE SOFTWARE, BUT IT
MAY BE LIMITED, ADOBEÂ’S LIABILITY AND THAT OF ITS SUPPLIERS SHALL BE LIMITED TO THE SUM OF
FIFTY DOLLARS (U.S. $50) IN TOTAL. You acknowledge that Adobe has not promised or guaranteed to you
that Pre-release Software will be announced or made available to anyone in the future, Adobe has no
express or implied obligation to you to announce or introduce the Pre-release Software and that
Adobe may not introduce a product similar to or compatible with the Pre-release Software. Accordingly,
you acknowledge that any research or development that you perform regarding the Pre-release Software
or any product associated with the Pre-release Software is done entirely at your own risk. During the
term of this Agreement, if requested by Adobe, you will provide feedback to Adobe regarding testing
and use of the Pre-release Software, including error or bug reports. If you have been provided the
Pre-release Software pursuant to a separate written agreement, such as the Adobe Systems Incorporated
Serial Agreement for Unreleased Products, your use of the Software is also governed by such agreement.
You agree that you may not and certify that you will not sublicense, lease, loan, rent, assign, or
transfer the Pre-release Software. Upon receipt of a later unreleased version of the Pre-release
Software or release by Adobe of a publicly released commercial version of the Software, whether as
a stand-alone product or as part of a larger product, you agree to return or destroy all earlier
Pre-release Software received from Adobe and to abide by the terms of the license agreement for
any such later versions of the Pre-release Software. Notwithstanding anything in this Section to
the contrary, if you are located outside the United States of America, you agree that you will
return or destroy all unreleased versions of the Pre-release Software within thirty (30) days of
the completion of your testing of the Software when such date is earlier than the date for Adobe's
first commercial shipment of the publicly released (commercial) Software.
14.4 Tryout, Product Sampler, NFR, Additional Terms. If the product you have received with this
license is a tryout, product sampler, or NFR copy of the Software ("Tryout Software"), then the
following Section applies until such time that you purchase a license to the full retail version
of such product. To the extent that any provision in this Section is in conflict with any other
term or condition in this Agreement, this Section shall supercede such other term(s) and condition(s)
with respect to the Tryout Software, but only to the extent necessary to resolve the conflict. YOU
ACKNOWLEDGE THAT THE TRYOUT SOFTWARE CONTAINS LIMITED FUNCTIONALITY AND/OR FUNCTIONS FOR A LIMITED
PERIOD OF TIME. ADOBE IS LICENSING THE TRYOUT SOFTWARE ON AN "AS IS" BASIS, SOLELY AS A DEMONSTRATION
MODEL. If the Tryout Software is a timeout version, then the program will terminate operations after
a designated period of time (e.g. 15, 30, or 45 days) following installation (the "Time Out Date"),
which is specified in the Software. Upon such Time Out Date, the license hereunder shall be terminated,
unless extended by Adobe upon your purchase of a full retail license from Adobe. You acknowledge that
such Tryout Software shall cease operation upon the Time Out Date and accordingly, access to any files
or output created with such Tryout Software or any product associated with the Tryout Software is done
entirely at your own risk. Adobe disclaims any warranty or liability obligations to you of any kind,
INCLUDING WHERE LEGALLY LIABILITY CANNOT BE EXCLUDED FOR TRYOUT SOFTWARE, BUT IT MAY BE LIMITED,
ADOBE’S LIABILITY AND THAT OF ITS SUPPLIERS SHALL BE LIMITED TO THE SUM OF FIFTY DOLLARS (U.S. $50) IN TOTAL.
14.5 Educational Software Product. If the Software accompanying this Agreement is Educational
Software Product (Software manufactured for distribution to AdobeÂ’s educational channel), you
are not entitled to Use the Software unless you qualify in your jurisdiction as an Educational
End User. Please contact your Adobe Authorized Academic (Education) Reseller to learn if you qualify.
To find an Adobe Authorized Academic Reseller in your area, please go to http://www.adobe.com/store
and look for the link for Buying Products Worldwide.
If you have any questions regarding this Agreement or if you wish to request any information from
Adobe please use the address and contact information included with this product to contact the Adobe
office serving your jurisdiction.
Adobe is a registered trademark or trademark of Adobe Systems Incorporated in the United States and/or other countries.
Gen_WWCombined_USEnglish_04.14.03
Agere LT Modem Driver License
If you use the Agere LT Modem Driver, you must read and agree to the
terms of the following license.
Agere Systems WinModem End User SOFTWARE LICENSE AGREEMENT
YOU SHOULD READ THE TERMS AND CONDITIONS OF THIS AGREEMENT BEFORE
YOU DOWNLOAD AND USE THE AGERE SYSTEMS WINMODEM LICENSED SOFTWARE.
ONCE YOU HAVE READ THIS LICENSE AGREEMENT AND AGREE TO ITS TERMS,
YOU MAY DOWNLOAD AND USE THE AGERE SYSTEMS WINMODEM LICENSED SOFTWARE.
DOWNLOADING OR USING THE AGERE SYSTEMS WINMODEM LICENSED SOFTWARE SHOWS
YOUR ACCEPTANCE OF THE TERMS OF THIS LICENSE AGREEMENT.
The terms and conditions of this Agreement will apply to the Agere
Systems WinModem Software (hereafter "Software") supplied under this Agreement
and any derivatives obtained therefrom, including any copy. The term Software
includes programs and related documentation supplied herewith.
The following file is made available under the standard Linux license,
a copy of which may be found at .
serial.c
serial24.c
These additional files are not derived from any Linux open source content,
and are subject to the following restrictions.
ltmodem.c
linuxif.h
ltmdmobj.o
Makefile
ltinst
ltuninst
readme.txt
1.0 TITLE AND LICENSE GRANT
1.1 The Software is copyrighted and/or contains proprietary
information protected by law. All Software and all copies
thereof are and will remain the sole property of Agere Systems or
its suppliers. Agere Systems hereby grants you a non-exclusive right
to use the Software, in whatever form recorded, which is furnished to
you under or in contemplation of this Agreement, in an Agere Systems
winmodem. Any other use of the Software or removal of the Software from
a country in which use is licensed shall automatically terminate this license.
1.2 You agree to use your best efforts to see that any user of the Software
licensed hereunder complies with the terms and conditions of this Agreement.
2.0 SOFTWARE USE
2.1 You are permitted to make copies of the Software provided that any such copy
shall contain the same copyright notice and proprietary marking included on
the original Software.
2.2 You agree not to merge or combine any portion of the Software with any other
software, other than the Linux operating system, unless expressly permitted by
the laws of the jurisdiction where you are located. Any portion of the Software
merged or combined with the other software will continue to be the subject of the
terms and conditions of this Agreement and you agree to reproduce on the merged
or combined portion of the Software the copyright and other proprietary rights
notices included in the original Software.
2.3 Redistribution and Usage
Agere permits use and limited redistribution of this Licensed Software in source and
binary forms, with or without modification, subject to the following terms and conditions,
in addition to the terms mentioned in this agreement.
2.3.1 Agere Systems reserves the right not to allow a third party to reuse or
redistribute the software, at its sole discretion.
2.3.2 User hereby agrees not to remove or alter any copyright, trademark, credits
and other proprietary notices contained within or associated with the Licensed
Software, and shall include all such unaltered copyright, trademark, credits and
other proprietary notices on or in every copy of the Software.
2.3.3 Notwithstanding any other provisions in this Agreement to the contrary, any
modifications or alterations made to the Licensed Software shall cause any
warranties and intellectual property indemnifications to become null and
void and of no further effect.
3.0 DISCLAIMER OF WARRANTY
3.1 You understand and acknowledge that the Software may contain errors, bugs or other
defects. The Software is provided on AS-IS basis, without warranty of any kind.
3.2 Agere Systems has used reasonable efforts to minimize defects or errors in the Software.
HOWEVER, YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OR INABILITY TO USE
THE SOFTWARE. Specifically, but not in limitation of the foregoing disclaimers, Agere
Systems does not warrant that the functions of the Software will meet your requirements
or that the Software operation will be error-free or uninterrupted.
3.3 Agere Systems bears no responsibility for supplying assistance for fixing or for
communicating known errors to you pertaining to the Software supplied hereunder.
3.4 YOU UNDERSTAND THAT AGERE SYSTEMS, ITS AFFILIATES, CONTRACTORS, SUPPLIERS, AND AGENTS
MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIM ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
4.0 EXCLUSIVE REMEDIES AND LIMITATION OF LIABILITIES
4.1 Regardless of any other provisions of this Agreement, neither Agere Systems nor its
affiliates, contractors, suppliers, or agents shall be liable for any indirect, incidental,
or consequential damages (including lost profits) sustained or incurred in connection with
the use, operation, or inability to use the Software or for damages due to causes beyond
the reasonable control of Agere Systems, its affiliates, contractors, suppliers, and agents
attributable to any service, products, or action of any other person.
4.2 This Agreement shall be construed in accordance with and governed by the laws of the
State of New York.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND IT, AND THAT BY DOWNLOADING OR USING
THE SOFTWARE, YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT THIS AGREEMENT
IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES. THIS AGREEMENT
SUPERCEDES ALL PRIOR ORAL AGREEMENTS, PROPOSALS OR UNDERSTANDINGS, AND ANY OTHER COMMUNICATIONS BETWEEN
US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
ATI FGLRX Driver License
Following is the license agreement for the ATI FGLRX driver. MEPIS does not
preinstall this driver; however, if you choose to install and use this driver,
you must read and agree to the terms of this license.
ATI Software End User License Agreement
PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THE SOFTWARE. BY DOWNLOADING, INSTALLING,
COPYING OR USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE.
IF YOU ARE ACCESSING THE SOFTWARE ELECTRONICALLY, SIGNIFY YOUR AGREEMENT BY CLICKING THE
AGREE/ACCEPT BUTTON. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, PROMPTLY RETURN
THE SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT AND (IF APPLICABLE) YOUR MONEY WILL BE
REFUNDED OR IF THE SOFTWARE WAS ACCESSED ELECTRONICALLY CLICK DISAGREE/DECLINE.
1. License. ATI Technologies Inc., on behalf of itself, its subsidiaries and licensors
(referred collectively as ATI) grants to you the following non-exclusive, right to use
the software accompanying this License (hereinafter "Software") subject to the following
terms and limitations:
(a) Regardless of the media upon which it is distributed, the Software is licensed
to you for use solely in conjunction with ATI hardware products to which the
Software relates ("ATI Hardware").
(b) You own the medium on which the Software is recorded, but ATI and, if applicable,
its licensors retain title to the Software and related documentation.
(c) You may:
i) use the Software solely in connection with the ATI Hardware on a single computer;
ii) make one copy of the Software in machine-readable form for backup purposes only.
You must reproduce on such copy ATI's copyright notice and any other proprietary
legends that were on the original copy of the Software;
iii) transfer all your license rights in the Software provided you must also transfer
a copy of this License, the backup copy of the Software, the ATI Hardware and the
related documentation and provided the other party reads and agrees to accept the
terms and conditions of this License. Upon such transfer your license rights are
then terminated.
(d) In addition to the license terms above, with respect to portions of the Software in
source code form designed exclusively for use with the Linux operating system (ATI Linux Code),
you may use, display, modify, copy, distribute, allow others to re-distribute, package and
re-package such ATI Linux Code for commercial and non-commercial purposes, provided that:
i) all binary components of the ATI Linux Code are not modified in any way;
ii) the ATI Linux Code is only used as part of the Software and in connection with ATI Hardware;
iii) all copyright notices of ATI are reproduced and you refer to these license terms;
iv) you may not offer or impose any terms on the use of ATI Linux Code that alter or restrict this License; and
v) if you have modified the ATI Linux Code, such modifications will be made publicly available and
are licensed under the same terms provided herein to ATI or any other third party without further
restriction, royalty or any other license requirement;
vi) to the extent there is any ATI sample or control panel source code included in the ATI Linux Code,
no rights are granted to modify such code except for portions thereof that may be subject to third
party license terms that grant such rights; and
vii) ATI is not obligated to provide any maintenance or technical support for any code resulting
from ATI Linux Code.
2. Restrictions. The Software contains copyrighted and patented material, trade secrets and
other proprietary material. In order to protect them, and except as permitted by this license
or applicable legislation, you may not:
a) decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form;
b) modify, network, rent, lend, loan, distribute or create derivative works based upon the Software
in whole or in part; or
c) electronically transmit the Software from one computer to another or over a network or otherwise
transfer the Software except as permitted by this License.
3. Termination. This License is effective until terminated. You may terminate this License at any time
by destroying the Software, related documentation and all copies thereof. This License will terminate
immediately without notice from ATI if you fail to comply with any provision of this License. Upon
termination you must destroy the Software, related documentation and all copies thereof.
4. Government End Users. If you are acquiring the Software on behalf of any unit or agency of the United
States Government, the following provisions apply. The Government agrees the Software and documentation
were developed at private expense and are provided with "RESTRICTED RIGHTS". Use, duplication,
or disclosure by the Government is subject to restrictions as set forth in DFARS 227.7202-1(a) and
227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (Oct 1988), FAR 12.212(a)(1995), FAR 52.227-19,
(June 1987) or FAR 52.227-14(ALT III) (June 1987),as amended from time to time. In the event that
this License, or any part thereof, is deemed inconsistent with the minimum rights identified in the
Restricted Rights provisions, the minimum rights shall prevail.
5. No Other License. No rights or licenses are granted by ATI under this License, expressly or by
implication, with respect to any proprietary information or patent, copyright, trade secret or
other intellectual property right owned or controlled by ATI, except as expressly provided in this License.
6. Additional Licenses. DISTRIBUTION OR USE OF THE SOFTWARE WITH AN OPERATING SYSTEM MAY REQUIRE
ADDITIONAL LICENSES FROM THE OPERATING SYSTEM VENDOR.
7. Disclaimer of Warranty on Software. You expressly acknowledge and agree that use of the Software
is at your sole risk. The Software and related documentation are provided "AS IS" and without
warranty of any kind and ATI EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FORA PARTICULAR PURPOSE, OF QUALITY,
OF QUIET ENJOYMENT AND OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ATI DOES NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE
UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE ENTIRE RISK AS TO THE
RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. FURTHERMORE, ATI DOES NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE ORTHE RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION
IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. NO ORAL OR WRITTEN
INFORMATION OR ADVICE GIVEN BY ATI OR ATI'S AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY
WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT ATI OR ATI'S
AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
THE SOFTWARE IS NOT INTENDED FOR USE IN MEDICAL, LIFE SAVING OR LIFE SUSTAINING APPLICATIONS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION
MAY NOT APPLY TO YOU.
8. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES INCLUDING
NEGLIGENCE, SHALL ATI, OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY
INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS
PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESSINFORMATION, AND THE LIKE) ARISING OUT OF THE
USE, MISUSE OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, BREACH OR DEFAULT,
INCLUDING THOSE ARISING FROM INFRINGEMENT OR ALLEGED INFRINGEMENT OF ANY PATENT, TRADEMARK,
COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHT, BY ATI, EVEN IF ATI OR ATI'S AUTHORIZED
REPRESENTATIVE HAS BEEN 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. ATI will not be liable for
1) loss of, or damage to, your records or data or 2) any damages claimed by you based on any
third party claim. In no event shall ATI's total liability to you for all damages, losses,
and causes of action (whether in contract, tort (including negligence) or otherwise) exceed
the amount paid by you for the Software. The foregoing limitations will apply even if the
above stated limitation fails of its essential purpose.
9. Controlling Law and Severability. This License shall be governed by and construed under
the laws of the Province of Ontario, Canada without reference to its conflict of law principles.
Any dispute related hereto will be brought only in the courts in Toronto, Ontario, Canada and
such courts are agreed to be the convenient forum. In the event of any conflicts between foreign
law, rules, and regulations, and Canadian law, rules, and regulations, Canadian law, rules and
regulations shall prevail and govern. The United Nations Convention on Contracts for the
International Sale of Goods shall not apply to this License. If for any reason a court of competent
jurisdiction finds any provision of this License or portion thereof, to be unenforceable, that
provision of the License shall be enforced to the maximum extent permissible so as to effect the
intent of the parties, and the remainder of this License shall continue in full force and effect.
10. Complete Agreement. This License constitutes the entire agreement between the parties with
respect to the use of the Software and the related documentation, and supersedes all prior
or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
No amendment to or modification of this License will be binding unless in writing and signed by
a duly authorized representative of ATI.
AVM Fritz Firmware License
The available AVM driver package consists of two portions, namely an Open
Source Software portion and a Proprietary Source Software portion. The
Proprietary Source Software portion is delivered in binary format only
and includes the firmware (.frm and .bin files) and object code (i.e. the
lib.o files and the drdsl executable). The object code, again, includes
libraries as well as specific portions of the driver. The Open Source
Software portion is licensed under the terms and conditions of the GNU
Lesser GPL (LGPL). Please be aware of the requirements of the LGPL.
You may easily download the terms of the LGPL as follows:
http://www.gnu.org/copyleft/lesser.html.
On Linux systems, the complete text of the GNU Lesser General
Public License can be found in `/usr/share/common-licenses/LGPL'.
In general, you may distribute both portions of the available AVM driver
package, i.e. on a distribution CD delivered in conjunction with your
products. In addition to the terms of the LGPL and under all AVM
intellectual property and proprietary rights, AVM grants you the worldwide,
non-exclusive and royalty-free rights
(1) to use and copy
(2) to make (and have made), use, import, sell, offer for sale or
otherwise distribute any of your (legal) products or services
containing (portions of) the AVM driver package.
The Proprietary Source Software, which is delivered in object code format
only, such as the firmware, the ".o files" and the "drdsl" binary, shall
in no event be disassembled, reverse engineered, decompiled or otherwise
"be opened" and the results realised insofar shall not be copied or
distributed without the prior written approval of AVM except to the extent
as may be expressly authorized under mandatory law and the terms of the LGPL.
It is understood that you will be responsible/liable for the software which
you offer/distribute/make available in conjunction with or which you
combine with (portions of) the AVM driver package. For instance, we refer
to the implications mentioned in the LGPL in case of a breach (your rights
granted under LGPL would terminate automatically, see Art. 4 LGPL). You
should state clearly that you offer any necessary support on your own.
Intel IPW Firmware License
TERMS AND CONDITIONS
IMPORTANT - PLEASE READ BEFORE INSTALLING OR USING THIS INTEL(C) SOFTWARE
Do not use or load this firmware (the "Software") until you have carefully read
the following terms and conditions. By loading or using the Software, you agree
to the terms of this Agreement. If you do not wish to so agree, do not install
or use the Software.
LICENSEES:
Please note:
* If you are an End-User, only Exhibit A, the SOFTWARE LICENSE AGREEMENT,
applies.
* If you are an Original Equipment Manufacturer (OEM), Independent Hardware
Vendor (IHV), or Independent Software Vendor (ISV), this complete Agreement
applies
--------------------------------------------------------------------------------
For OEMs, IHVs, and ISVs:
LICENSE. This Software is licensed for use only in conjunction with Intel
component products. Use of the Software in conjunction with non-Intel component
products is not licensed hereunder. Subject to the terms of this Agreement,
Intel grants to you a nonexclusive, nontransferable, worldwide, fully paid-up
license under Intel's copyrights to: (i) copy the Software internally for your
own development and maintenance purposes; (ii) copy and distribute the Software
to your end-users, but only under a license agreement with terms at least as
restrictive as those contained in Intel's Final, Single User License Agreement,
attached as Exhibit A; and (iii) modify, copy and distribute the end-user
documentation which may accompany the Software, but only in association with
the Software.
If you are not the final manufacturer or vendor of a computer system or software
program incorporating the Software, then you may transfer a copy of the
Software, including any related documentation (modified or unmodified) to your
recipient for use in accordance with the terms of this Agreement, provided such
recipient agrees to be fully bound by the terms hereof. You shall not otherwise
assign, sublicense, lease, or in any other way transfer or disclose Software to
any third party. You may not, nor may you assist any other person or entity to
modify, translate, convert to another programming language, decompile, reverse
engineer, or disassemble any portion of the Software or otherwise attempt to
derive source code from any object code modules of the Software or any internal
data files generated by the Software. Your rights to redistribute the Software
shall be contingent upon your installation of this Agreement in its entirety in
the same directory as the Software.
CONFIDENTIALITY. If you wish to have a third party consultant or subcontractor
("Contractor") perform work on your behalf which involves access to or use of
Software, you shall obtain a written confidentiality agreement from the
Contractor which contains provisions with respect to access to or use of the
Software no less restrictive than those set forth in this Agreement and
excluding any distribution rights, and use for any other purpose. Except as
expressly provided herein, you shall not disclose the terms or existence of
this Agreement or use Intel's name in any publications, advertisements, or
other announcements without Intel's prior written consent. You do not have any
rights to use any Intel trademarks or logos.
OWNERSHIP OF SOFTWARE AND COPYRIGHTS. Software and accompanying materials, if
any, are owned by Intel or its suppliers and licensors and may be protected by
copyright, trademark, patent and trade secret law and international treaties.
Any rights, express or implied, in the intellectual property embodied in the
foregoing, other than those specified in this Agreement, are reserved by Intel
and its suppliers and licensors or otherwise as set forth in any applicable
open source license agreement. You will keep the Software free of liens,
attachments, and other encumbrances. You agree not to remove any proprietary
notices and/or any labels from the Software and accompanying materials without
prior written approval by Intel
LIMITATION OF LIABILITY. IN NO EVENT SHALL INTEL OR ITS SUPPLIERS AND LICENSORS
BE LIABLE FOR ANY DAMAGES WHATSOEVER FROM ANY CAUSE OF ACTION OF ANY KIND
(INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, OR LOST
INFORMATION) ARISING OUT OF THE USE, MODIFICATION, OR INABILITY TO USE THE
INTEL SOFTWARE, OR OTHERWISE, NOR FOR PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR
SPECIAL DAMAGES OF ANY KIND, EVEN IF INTEL OR ITS SUPPLIERS AND LICENSORS HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT
EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES, CONSEQUENTIAL OR
INCIDENTAL DAMAGES, SO CERTAIN LIMITATIONS MAY NOT APPLY. YOU MAY ALSO HAVE
OTHER LEGAL RIGHTS THAT VARY BETWEEN JURISDICTIONS.
EXCLUSION OF WARRANTIES. THE SOFTWARE IS PROVIDED "AS IS" AND POSSIBLY WITH
FAULTS. UNLESS EXPRESSLY AGREED OTHERWISE, INTEL AND ITS SUPPLIERS AND
LICENSORS DISCLAIM ANY AND ALL WARRANTIES AND GUARANTEES, EXPRESS, IMPLIED OR
OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. Intel does not warrant
or assume responsibility for the accuracy or completeness of any information,
text, graphics, links or other items contained within the Software. You assume
all liability, financial or otherwise, associated with Your use or disposition
of the Software.
APPLICABLE LAW. Claims arising under this Agreement shall be governed by the
laws of State of California], excluding its principles of conflict of laws and
the United Nations Convention on Contracts for the Sale of Goods.
WAIVER AND AMENDMENT. No modification, amendment or waiver of any provision of
this Agreement shall be effective unless in writing and signed by an officer of
Intel. No failure or delay in exercising any right, power, or remedy under
this Agreement shall operate as a waiver of any such right, power or remedy.
Without limiting the foregoing, terms and conditions on any purchase orders or
similar materials submitted by you to Intel, and any terms contained in IntelÂs
standard acknowledgment form that are in conflict with these terms, shall be of
no force or effect.
SEVERABILITY. If any provision of this Agreement is held by a court of
competent jurisdiction to be contrary to law, such provision shall be changed
and interpreted so as to best accomplish the objectives of the original
provision to the fullest extent allowed by law and the remaining provisions of
this Agreement shall remain in full force and effect.
EXPORT RESTRICTIONS. Each party acknowledges that the Software is subject to
applicable import and export regulations of the United States and of the
countries in which each party transacts business, specifically including U.S.
Export Administration Act and Export Administration Regulations. Each party
shall comply with such laws and regulations, as well as all other laws and
regulations applicable to the Software. Without limiting the generality of the
foregoing, each party agrees that it will not export, re-export, transfer or
divert any of the Software or the direct programs thereof to any restricted
place or party in accordance with U.S. export regulations. Note that Software
containing encryption may be subject to additional restrictions.
GOVERNMENT RESTRICTED RIGHTS. The Software is provided with "RESTRICTED RIGHTS."
Use, duplication, or disclosure by the Government is subject to restrictions as
set forth in FAR52.227-14 and DFAR252.227-7013 et seq. or their successors. Use
of the Software by the Government constitutes acknowledgment of Intel's
proprietary rights therein. Contractor or Manufacturer is Intel Corporation,
2200 Mission College Blvd., Santa Clara, CA 95052.
TERMINATION OF THE AGREEMENT. Intel may terminate this Agreement if you violate
its terms. Upon termination, you will immediately destroy the Software or
return all copies of the Software to Intel.
--------------------------------------------------------------------------------
EXHIBIT "A"
SOFTWARE LICENSE AGREEMENT (Final, Single User)
IMPORTANT - READ BEFORE COPYING, INSTALLING OR USING.
Do not use or load this firmware image (the "Software") until you have carefully
read the following terms and conditions. By loading or using the Software, you
agree to the terms of this Agreement. If you do not wish to so agree, do not
install or use the Software.
LICENSE. You may copy and use the Software, subject to these conditions:
1. This Software is licensed for use only in conjunction with Intel component
products. Use of the Software in conjunction with non-Intel component
products is not licensed hereunder.
2. You may not copy, modify, rent, sell, distribute or transfer any part of the
Software except as provided in this Agreement, and you agree to prevent
unauthorized copying of the Software.
3. You may not reverse engineer, decompile, or disassemble the Software.
4. You may not sublicense the Software.
5. The Software may contain the software or other property of third party
suppliers.
OWNERSHIP OF SOFTWARE AND COPYRIGHTS. Title to all copies of the Software
remains with Intel or its suppliers. The Software is copyrighted and protected
by the laws of the United States and other countries, and international treaty
provisions. You may not remove any copyright notices from the Software. Intel
may make changes to the Software, or items referenced therein, at any time
without notice, but is not obligated to support or update the Software. Except
as otherwise expressly provided, Intel grants no express or implied right under
Intel patents, copyrights, trademarks, or other intellectual property rights.
You may transfer the Software only if a copy of this license accompanies the
Software and the recipient agrees to be fully bound by these terms.
EXCLUSION OF OTHER WARRANTIES EXCEPT AS PROVIDED ABOVE, THE SOFTWARE IS PROVIDED
"AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING
WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR
PURPOSE. Intel does not warrant or assume responsibility for the accuracy or
completeness of any information, text, graphics, links or other items contained
within the Software.
LIMITATION OF LIABILITY. IN NO EVENT SHALL INTEL OR ITS SUPPLIERS BE LIABLE FOR
ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS
INTERRUPTION, OR LOST INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO
USE THE SOFTWARE, EVEN IF INTEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. SOME JURISDICTIONS PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY FOR
IMPLIED WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY
BETWEEN JURISDICTIONS.
TERMINATION OF THIS AGREEMENT. Intel may terminate this Agreement at any time if
you violate its terms. Upon termination, you will immediately destroy the
Software.
APPLICABLE LAWS. Claims arising under this Agreement shall be governed by the
laws of California, excluding its principles of conflict of laws and the United
Nations Convention on Contracts for the Sale of Goods. You may not export the
Software in violation of applicable export laws and regulations. Intel is not
obligated under any other agreements unless they are in writing and signed by
an authorized representative
of Intel.
GOVERNMENT RESTRICTED RIGHTS. The Software is provided with "RESTRICTED RIGHTS."
Use, duplication, or disclosure by the Government is subject to restrictions as
set forth in FAR52.227-14 and DFAR252.227-7013 et seq. or their successors. Use
of the Software by the Government constitutes acknowledgment of Intel's
proprietary rights therein. Contractor or Manufacturer is Intel Corporation,
2200 Mission College Blvd., Santa Clara, CA 95052.
Intel IPW3945 Daemon License
Copyright (c) 2006, Intel Corporation.
All rights reserved.
Redistribution. Redistribution and use in binary form, without
modification, are permitted provided that the following conditions are
met:
* Redistributions must reproduce the above copyright notice and the
following disclaimer in the documentation and/or other materials
provided with the distribution.
* Neither the name of Intel Corporation nor the names of its suppliers
may be used to endorse or promote products derived from this software
without specific prior written permission.
* No reverse engineering, decompilation, or disassembly of this software
is permitted.
Limited patent license. Intel Corporation grants a world-wide,
royalty-free, non-exclusive license under patents it now or hereafter
owns or controls to make, have made, use, import, offer to sell and
sell ("Utilize") this software, but solely to the extent that any
such patent is necessary to Utilize the software alone, or in
combination with an operating system licensed under an approved Open
Source license as listed by the Open Source Initiative at
http://opensource.org/licenses. The patent license shall not apply to
any other combinations which include this software. No hardware per
se is licensed hereunder.
DISCLAIMER. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND
CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE
COPYRIGHT OWNER OR CONTRIBUTORS 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 THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE.
Macromedia End User Licenses
Following is the End User License Agreement (EULA) for Macromedia Flash Player
and Macromedia Shockwave Player.
MACROMEDIA SOFTWARE END USER LICENSE AGREEMENT FOR DESKTOP USE ONLY
IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT ("EULA") IS A
LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR, IF PURCHASED
OR OTHERWISE ACQUIRED BY OR FOR AN ENTITY, AN ENTITY) AND MACROMEDIA.
READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING
THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS
WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY SELECTING THE DOWNLOAD
OR INSTALL NOW BUTTON AND USING THE SOFTWARE, YOU ARE CONFIRMING YOUR
ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF
THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS,
THEN DO NOT INSTALL THE SOFTWARE.
1. Definitions
1. "Macromedia" means Macromedia, Inc. and its licensors, if any.
2. "Software" means only the Macromedia software program(s)
and third party software programs, in each case, supplied by
Macromedia herewith, and corresponding documentation, associated media,
printed materials, and online or electronic documentation, and all updates
or upgrades of the above that are provided to you.
2. License Grants
1. You may install and use the Software on a single desktop computer that has a
Windows PC operating system (including desktop PC versions of Windows 95, 98,
2000, NT, ME and XP (Home and Professional), a Macintosh desktop operating system,
a Linux desktop operating system, or a Solaris desktop operating system; provided,
however, that, notwithstanding anything contrary contained herein, you may not use
the Software on any non-PC product or any embedded or device versions of the above
operating systems, including, but not limited to, mobile devices, internet appliances,
set top boxes (STB), handhelds, PDAs, phones, web pads, tablets, game consoles, TVs,
DVDs, gaming machines, home automation systems, kiosks or any other consumer electronics
devices or mobile/cable/satellite/television or closed system based service. A license
for the Software may not be shared, installed or used concurrently on different computers.
2. You agree that Macromedia may audit your use of the Software for compliance with these
terms at any time, upon reasonable notice. In the event that such audit reveals any use
of the Software by you other than in full compliance with the terms of this Agreement, you
shall reimburse Macromedia for all reasonable expenses related to such audit in addition to
any other liabilities you may incur as a result of such non-compliance.
3. Your license rights under this EULA are non-exclusive.
4. Certain rights are not granted under this Agreement, but may be available under a separate
agreement. If you would like to enter into a distribution agreement or learn of other
licensing strategies, please go to:
http://www.macromedia.com/software/flash/open/licensing/.
3. License Restrictions
1. You may not make or distribute copies of the Software, or electronically transfer the
Software from one computer to another or over a network.
2. You may not alter, merge, modify, adapt or translate the Software, or decompile,
reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
3. You may not sell, rent, lease, or sublicense the Software.
4. You may not modify the Software or create derivative works based upon the Software.
5. You may not export the Software into any country prohibited by the United States Export
Administration Act and the regulations thereunder.
6. In the event that you fail to comply with this EULA, Macromedia may terminate the license
and you must destroy all copies of the Software (with all other rights of both parties
and all other provisions of this EULA surviving any such termination).
7. You shall not use the Software to develop any software or other technology having the
same primary function as the Software, including but not limited to using the Software
in any development or test procedure that seeks to develop like software or other technology,
or to determine if such software or other technology performs in a similar manner as the Software.
4. Ownership
The foregoing license gives you limited license to use the Software. Macromedia and its suppliers
retain all right, title and interest, including all copyright and intellectual property rights,
in and to, the Software and all copies thereof. All rights not specifically granted in this EULA,
including Federal and International Copyrights, are reserved by Macromedia and its suppliers.
5. WARRANTY DISCLAIMER
1. THE SOFTWARE IS PROVIDED TO YOU FREE OF CHARGE, AND ON AN "AS-IS" BASIS. MACROMEDIA
PROVIDES NO TECHNICAL SUPPORT, WARRANTIES OR REMEDIES FOR THE SOFTWARE.
2. MACROMEDIA AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS,
IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT AND TITLE OR QUIET ENJOYMENT. MACROMEDIA
DOES NOT WARRANT THAT THE SOFTWARE IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. NO RIGHTS
OR REMEDIES REFERRED TO IN ARTICLE 2A OF THE UCC WILL BE CONFERRED ON YOU UNLESS EXPRESSLY GRANTED
HEREIN. THE SOFTWARE IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING
FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION
OF NUCLEAR FACILITIES AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE
SUPPORT OR WEAPONS SYSTEMS. MACROMEDIA SPECIFICALLY
DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES.
3. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SOFTWARE, ALL SUCH WARRANTIES ARE
LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY.
4. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MACROMEDIA, ITS DEALERS, DISTRIBUTORS, AGENTS OR
EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.
5. (USA only) SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY
NOT APPLY TO YOU.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS
THAT VARY FROM STATE TO STATE.
6. MACROMEDIA SHALL HAVE NO RESPONSIBILITY IF THE SOFTWARE HAS BEEN ALTERED IN ANY WAY, OR FOR ANY
FAILURE THAT ARISES OUT OF USE OF THE SOFTWARE WITH OTHER THAN A RECOMMENDED HARDWARE CONFIGURATION,
PLATFORM OR OPERATING SYSTEM.
6. LIMITATION OF LIABILITY
1. NEITHER MACROMEDIA NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS,
BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SOFTWARE
AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT
(INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF MACROMEDIA OR ITS REPRESENTATIVES
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS
FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
2. MACROMEDIA'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE
LIMITED TO THE GREATER OF $50 OR THE AMOUNT PAID BY YOU FOR THE SOFTWARE THAT CAUSED SUCH DAMAGE.
3. (USA only) SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY
ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
4. THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO ALL ASPECTS OF THIS EULA.
7. Basis of Bargain
The Warranty Disclaimer and Limited Liability set forth above are fundamental elements of the basis
of the agreement between Macromedia and you.
Macromedia would not be able to provide the Software on an economic basis without such limitations.
Such Warranty Disclaimer and Limited Liability inure to the benefit of Macromedia's licensors.
8. U.S. GOVERNMENT RESTRICTED RIGHTS LEGEND
This Software and the documentation are provided with "RESTRICTED RIGHTS" applicable to private
and public licenses alike. Without limiting the foregoing, use, duplication, or disclosure by the
US Government is subject to restrictions as set forth in this EULA and as provided in DFARS 227.7202-1(a)
and 227.7202-3(a) (1995), DFARS 252.227-7013 (c)(1)(ii)(OCT 1988), FAR 12.212(a)(1995), FAR 52.227-19,
or FAR 52.227-14, as applicable.
Manufacturer: Macromedia, Inc., 600 Townsend, San Francisco, CA 94103.
9. (Outside of the USA) Consumer End Users Only
The limitations or exclusions of warranties and liability contained in this EULA do not affect or
prejudice the statutory rights of a consumer, i.e., a person acquiring goods otherwise than in
the course of a business.
The limitations or exclusions of warranties, remedies or liability contained in this EULA shall
apply to you only to the extent such limitations or exclusions are permitted under the laws of
the jurisdiction where you are located.
10. Third Party Software
The Software may contain third party software which requires notices and/or additional
terms and conditions. Such required third party software notices and/or additional terms
and conditions are located at www.macromedia.com/go/thirdparty/ and are made a part of and
incorporated by reference into this EULA. By accepting this EULA, you are also accepting the
additional terms and conditions, if any, set forth therein.
11. General
This EULA shall be governed by the internal laws of the State of California, without giving
effect to principles of conflict of laws. You hereby consent to the exclusive jurisdiction and
venue of the state courts sitting in San Francisco County, California or the federal courts in
the Northern District of California to resolve any disputes arising under this EULA. In each
case this EULA shall be construed and enforced without regard to the United Nations Convention
on the International Sale of Goods.
This EULA contains the complete agreement between the parties with respect to the subject matter
hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral
or written. You agree that any varying or additional terms contained in any purchase order or
other written notification or document issued by you in relation to the Software licensed hereunder
shall be of no effect. The failure or delay of Macromedia to exercise any of its rights under this
EULA or upon any breach of this EULA shall not be deemed a waiver of those rights or of the breach.
No Macromedia dealer, agent or employee is authorized to make any amendment to this EULA.
If any provision of this EULA shall be held by a court of competent jurisdiction to be contrary
to law, that provision will be enforced to the maximum extent permissible, and the remaining
provisions of this EULA will remain in full force and effect.
All questions concerning this EULA shall be directed to:
Macromedia, Inc., 600 Townsend, San Francisco, CA 94103, Attention: General Counsel.
Macromedia and other trademarks contained in the Software are trademarks or registered trademarks
of Macromedia, Inc. in the United States and/or other countries.
Third party trademarks, trade names, product names and logos may be the trademarks or registered
trademarks of their respective owners. You may not remove or alter any trademark, trade names,
product names, logo, copyright or other proprietary notices, legends, symbols or labels in the
Software. This EULA does not authorize you to use Macromedia's or its licensors' names or any
of their respective trademarks.
MEPIS Collective Work License
MEPIS users must read and agree to the terms of the following license.
MEPIS COLLECTIVE WORK LICENSE
Revised Aug 6, 2008
COPYRIGHT
Unless stated otherwise, MEPIS software packages are unique collective
works under US copyright law. Copyright (c) MEPIS LLC. All rights
reserved.
GRANT OF COLLECTIVE WORK LICENSE
Except as specifically stated in a separate agreement, and subject to the
Terms and Conditions stated herein, MEPIS LLC hereby grants you the right
to install or redistribute this collective work for non-commercial purposes
for use with other legally obtained MEPIS software collections.
TERMS AND CONDITIONS
1. COMPONENT LICENSE RIGHTS
Nothing in this collective work license limits your rights under, or grants
you rights that supercede, the terms of any applicable component license.
Each component is a separate collective or original work to the maximum
extent possible as defined by US copyright law. The inclusion in this
collection of a component subject to a particular license does not limit
your rights, or grant you rights in another component or in the collective
work that supercede, the terms of the license of that other work.
2. LIMITED REDISTRIBUTION RIGHTS
This collective work may contain some components of binary code that are
licensed under the GPLv2 license which limits your rights to redistribute
the GPLv2 licensed components of this collective work to third parties,
unless for a three year period you also distribute or formally offer to
distribute to ANY party the source code of the component binary code that
is licensed pursuant to the GPLv2 license. The Free Software Foundation of
Boston, MA, US, as author of the GPLv2 license, claims to strictly enforce
this requirement of the GPLv2 license for all parties with NO exceptions.
3. RESPONSIBILITY TO COMPLY
By using this package, you agree to comply with any applicable restrictions
and obligations imposed by the GPLv2 license or any other applicable license
and to hold MEPIS LLC and its assigns harmless in case of your knowing or
unknowing violation thereof.
4. AVAILABILITY OF SOURCE CODE
You may obtain a copy of GPL licensed source code from the source code
package maintainer which is usually the next upstream copyright holder.
In the case of MEPIS products, most GPL licensed binary code is
redistributed without change. In such cases, MEPIS is not a copyright
holder in such code. The maintained upstream sources of such code are
available in the public Ubuntu and Debian software repositories.
5. MEPIS OFFER OF SOURCE CODE
MEPIS LLC hereby offers to provide, for three years from the original
timestamp on any included GPLv2 licensed binary package, to any third
party, a copy of the source code of the GPLv2 licensed binary code
that is distributed with this collection, except where MEPIS LLC is
prohibited from doing so by US law. For further details about this
offer or to obtain said source code, visit http://www.mepis.org/source
6. NO WARRANTY
Except as specifically stated in a separate agreement or a license for a
particular component, to the maximum extent permitted under applicable law,
the collective work and the components are provided and licensed AS-IS
without warranty of any kind, expressed or implied, including the implied
warranties of merchantability, non-infringement or fitness for a particular
purpose.
7. ATTENTION US GOVERNMENT USERS
The US Government's rights in this Software and accompanying documentation
are only as set forth herein, in accordance with 48 CFR 227.7201 through
227.7202-4 and 48 CFR 2.101 and 12.212 and 52.227-19.
8. CRYPTOGRAPHIC SOFTWARE RESTRICTIONS
Some MEPIS packages are collections of Software that contain unmodified
publicly available Open Source encryption source code which, together
with object code resulting from the compiling of publicly available
source code, has been previously cleared for export from the United States
under License Exception "TSU" pursuant to EAR Section 740.13(e). Said
source code and object code is publicly available at several web sites
including ftp://mirror.mcs.anl.gov/pub/
However, the knowing export or reexport of ANY cryptographic software and
technology, including MEPIS related packages, from the US to nationals of
Country Group E:1, currently Cuba, Iran, Libya, North Korea, Sudan, and
Syria, is prohibited by US Law.
In addition, at this time there MAY be export or import restrictions for
products containing strong encryption (128 bit or greater) when sent to
or from Armenia, Azerbaijan, Belarus, Burma, Republic of Congo, Egypt,
France, Hong Kong, Israel, Kazakhstan, Liberia, Moldova, Nagorno-Karabakh,
Pakistan, Philippines, Poland, Russia, Rwanda, Saudi Arabia, Sierra Leone,
Somalia, Ukraine, Vietnam, or Yemen.
These country lists are subject to change and other countries may impose
restrictions on the import, export, and/or use of encryption software.
This legal notice applies to cryptographic software only. More detailed
information is available at http://www.bxa.doc.gov/
9. PREVAILING LAW
Whereas MEPIS LLC is a US based entity subject to US laws, by using this
package, you agree that in cases of conflict of law US Copyright, Patent,
Trademark, Contract, and Export Law shall prevail.
10. IMPLICIT ACCEPTANCE
By using and/or installing a MEPIS collective work, you accept and agree
to comply with these Terms and Conditions.
NVIDIA Driver License
Following is the license agreement for the NVIDIA driver. MEPIS does not enable this driver automatically. You must indicate that you want to use it by selecting it in an application or by installing it manually on the commandline. Select this driver only if you agree to the terms of the NVIDIA License For Customer Use.
The NVIDIA Software Licence is as follows.
From http://www.nvidia.com/view.asp?IO=nv_swlicense and extracted from the
installer:
License For Customer Use of NVIDIA Software
IMPORTANT NOTICE -- READ CAREFULLY: This License For Customer Use of
NVIDIA Software ("LICENSE") is the agreement which governs use of
the software of NVIDIA Corporation and its subsidiaries ("NVIDIA")
downloadable herefrom, including computer software and associated
printed materials ("SOFTWARE"). By downloading, installing, copying,
or otherwise using the SOFTWARE, you agree to be bound by the terms
of this LICENSE. If you do not agree to the terms of this LICENSE,
do not download the SOFTWARE.
RECITALS
Use of NVIDIA's products requires three elements: the SOFTWARE, the
hardware on a graphics controller board, and a personal computer. The
SOFTWARE is protected by copyright laws and international copyright
treaties, as well as other intellectual property laws and treaties.
The SOFTWARE is not sold, and instead is only licensed for use,
strictly in accordance with this document. The hardware is protected
by various patents, and is sold, but this agreement does not cover
that sale, since it may not necessarily be sold as a package with
the SOFTWARE. This agreement sets forth the terms and conditions
of the SOFTWARE LICENSE only.
1. DEFINITIONS
1.1 Customer. Customer means the entity or individual that
downloads the SOFTWARE.
2. GRANT OF LICENSE
2.1 Rights and Limitations of Grant. NVIDIA hereby grants Customer
the following non-exclusive, non-transferable right to use the
SOFTWARE, with the following limitations:
2.1.1 Rights. Customer may install and use one copy of the SOFTWARE
on a single computer, and except for making one back-up copy of
the Software, may not otherwise copy the SOFTWARE. This LICENSE
of SOFTWARE may not be shared or used concurrently on different
computers.
2.1.2 Linux Exception. Notwithstanding the foregoing terms of
Section 2.1.1, SOFTWARE designed exclusively for use on the Linux
operating system may be copied and redistributed, provided that
the binary files thereof are not modified in any way (except for
unzipping of compressed files).
2.1.3 Limitations.
No Reverse Engineering. Customer may not reverse engineer,
decompile, or disassemble the SOFTWARE, nor attempt in any other
manner to obtain the source code.
No Separation of Components. The SOFTWARE is licensed as a
single product. Its component parts may not be separated for use
on more than one computer, nor otherwise used separately from the
other parts.
No Rental. Customer may not rent or lease the SOFTWARE to someone
else.
3. TERMINATION
This LICENSE will automatically terminate if Customer fails to
comply with any of the terms and conditions hereof. In such event,
Customer must destroy all copies of the SOFTWARE and all of its
component parts.
4. COPYRIGHT
All title and copyrights in and to the SOFTWARE (including but
not limited to all images, photographs, animations, video, audio,
music, text, and other information incorporated into the SOFTWARE),
the accompanying printed materials, and any copies of the SOFTWARE,
are owned by NVIDIA, or its suppliers. The SOFTWARE is protected
by copyright laws and international treaty provisions. Accordingly,
Customer is required to treat the SOFTWARE like any other copyrighted
material, except as otherwise allowed pursuant to this LICENSE
and that it may make one copy of the SOFTWARE solely for backup or
archive purposes.
5. APPLICABLE LAW
This agreement shall be deemed to have been made in, and shall be
construed pursuant to, the laws of the State of California.
6. DISCLAIMER OF WARRANTIES AND LIMITATION ON LIABILITY
6.1 No Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, THE SOFTWARE IS PROVIDED "AS IS" AND NVIDIA AND ITS SUPPLIERS
DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE.
6.2 No Liability for Consequential Damages. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NVIDIA OR
ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR
CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS
OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT
OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF NVIDIA HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. MISCELLANEOUS
The United Nations Convention on Contracts for the International
Sale of Goods is specifically disclaimed. If any provision of this
LICENSE is inconsistent with, or cannot be fully enforced under,
the law, such provision will be construed as limited to the extent
necessary to be consistent with and fully enforceable under the law.
This agreement is the final, complete and exclusive agreement between
the parties relating to the subject matter hereof, and supersedes
all prior or contemporaneous understandings and agreements relating
to such subject matter, whether oral or written. Customer agrees
that it will not ship, transfer or export the SOFTWARE into any
country, or use the SOFTWARE in any manner, prohibited by the
United States Bureau of Export Administration or any export laws,
restrictions or regulations. This LICENSE may only be modified in
writing signed by an authorized officer of NVIDIA.
Skype End User License
Following is the End User License Agreement (EULA) for Skype.
If you use Skype, you need to read and agree to the terms set forth in the EULA.
IMPORTANT PLEASE READ CAREFULLY:
Before reading the articles below, please take good notice of the following
preliminary terms, which terms make use of some of the definitions as specified
in Article 1 below:
Entering into this Agreement: This End User License Agreement constitutes a
valid and binding agreement between Skype Software S.A. and You, as a user, for
the use of the Skype Software. You must enter into this Agreement by clicking on
the ACCEPT button in order to be able to install and use the Skype Software.
Furthermore, by installing and (continuously) using the Skype Software You agree
to be bound by the terms of this Agreement and any new versions hereof.
Electronic Signatures and Agreement(s): You acknowledge and agree that by
clicking on the ACCEPT button or similar buttons or links as may be designated
by Skype to show Your approval of any foregoing texts and/or to download and
install the Skype Software, You are entering into a legal binding contract. You
hereby agree to the use of electronic communication in order to enter into
contracts, place orders and other records and to the electronic delivery of
notices, policies and records of transactions initiated or completed through the
Skype Software. Furthermore, You hereby waive any rights or requirements under
any laws or regulations in any jurisdiction which require an original
(non-electronic) signature or delivery or retention of non-electronic records,
to the extent permitted under applicable mandatory law.
No Emergency Calls: by entering into this Agreement You acknowledge and agree
that the Skype Software does not and does not intend to support or carry
emergency calls. Please also see article 7 below.
Jurisdictions Restrictions: if You are residing in a jurisdiction which
restricts the use of internet-based applications according to age, or which
restricts the ability to enter into agreements such as this agreement according
to age and You are under such a jurisdiction and under such age limit, You may
not enter into this Agreement and download, install or use the Skype Software.
Furthermore, if You are residing in a jurisdiction where it is forbidden by law
to offer or use software for internet telephony, You may not enter into this
Agreement and You may not download, install or use the Skype Software. By
entering into this Agreement You explicitly state that You have verified in Your
own jurisdiction if Your use of the Skype Software is allowed.
Article 1. Definitions
In this Agreement the following capitalized definitions are being used,
singular as well as plural.
1.1 Affiliate: any corporation, company or other entity that directly or
indirectly controls, is controlled by, or is under common control with, Skype.
For the purpose of this definition, the word "control" shall mean the direct or
indirect ownership of more than fifty percent (50%) of the outstanding voting
stock of the corporation, company, or other entity.
1.2 Agreement: this End User License Agreement, as may be renewed, modified
and/or amended from time to time.
1.3 API: application program interface that is included in or linked to the
Skype Software.
1.4 Documentation: any online or otherwise enclosed documentation provided by
Skype.
1.5 Effective Date: the date on which this Agreement is entered into by clicking
on the ACCEPT button as stated above or by downloading, installing and
(continuously) using the Skype Software.
1.6 IP Rights: any and all intellectual property rights, including but not
limited to copyrights, trademarks and patents, as well as know how and trade
secrets contained in or relating to the Skype Software, the Documentation, the
Skype Website or the Skype Promotional Materials.
1.7 Skype: the company established under the laws of Luxembourg, Skype Software
S.A.
1.8 Skype Promotional Materials: any and all names, signs, logos, banners and
any other materials, in whatever form, owned and/or used by Skype for the
promotion of its company, its products and activities.
1.9 Skype Software: the software distributed by Skype for internet telephony
applications, including without limitation the API, UI and Documentation, as
well as any future programming fixes, updates and upgrades thereof.
1.10 Skype Staff: the officers, directors, employees and agents of Skype or its
Affiliates, or any other persons hired by Skype or its Affiliates in relation
with the execution of this Agreement.
1.11 Skype Website: any and all elements and contents of the website available
among other URLs- under the URL www.skype.com, from which website the Skype
Software can be downloaded.
1.12 UI: the user interface of the Skype Software.
1.13 You: you, the end user of the Skype Software, also used in the form Your
where applicable.
Article 2. License and Restrictions
2.1 License. Subject to the terms of this Agreement, Skype hereby grants You a
limited, personal, non-commercial (at home or at work), non-exclusive,
non-sublicensable, non-assignable, free of charge license to download, install
and use the Skype Software on Your computer or PDA, for the sole purpose of
internet telephony applications and any other applications that may be
explicitly provided by Skype.
2.2 No Granting of Rights to Third Parties. You will not sell, assign, rent,
lease, distribute, export, import, act as an intermediary or provider, or
otherwise grant rights to third parties with regard to the Skype Software.
2.3 No Modifications. You will not undertake, cause, permit or authorize the
modification, creation of derivative works, translation, reverse engineering,
decompiling, disassembling or hacking of the Skype Software.
2.4 Third Parties. You acknowledge and agree that the Skype Software may be
incorporated into, and may incorporate itself, software and other technology
owned and controlled by third parties. Skype emphasizes that it will only
incorporate such third party software or technology for the purpose of (a)
adding new or additional functionality or (b) improving the technical
performance of the Skype Software. Any such third party software or technology
that is incorporated in the Skype Software falls under the scope of this
Agreement. Any and all other third party software or technology that may be
distributed together with the Skype Software will be subject to you explicitly
accepting a license agreement with that third party. You acknowledge and agree
that you will not enter into a contractual relationship with Skype or its
Affiliates regarding such third party software or technology and you will look
solely to the applicable third party and not to Skype or its Affiliates to
enforce any of your rights.
2.5 New Versions of the Skype Software. Skype, in its sole discretion, reserves
the right to add additional features or functions, or to provide programming
fixes, updates and upgrades, to the Skype Software. You acknowledge and agree
that Skype has no obligation to make available to You any subsequent versions of
the Skype Software. You also agree that you may have to enter into a renewed
version of this Agreement, in the event you want to download, install or use a
new version of the Skype Software. Furthermore, you acknowledge and agree that
Skype, in its sole discretion, may modify or discontinue or suspend Your ability
to use any version of the Skype Software, or terminate any license hereunder, at
any time. Skype also may suspend or terminate any license hereunder and disable
any Skype Software You may already have accessed or installed without prior
notice at any time.
2.6 Paid Services. This Agreement applies to downloading, installing and using
the Skype Software, free of charge. The use of any paid services which may be
offered by Skype or its Affiliates, is subject to the additional Terms of
Service that are published on the Skype Website.
Article 3. Exceptions to License Restrictions
3.1 Redistribution. You are not allowed to redistribute the Skype Software,
unless You have agreed to and meet with the Distribution Terms that are
published on the Skype Website at http://www.skype.com/company/legal/promote/
3.2 API. You are not allowed to use or modify the API, unless You agree to and
meet with the following subsequent terms:
3.2.1 You may only make use of and/or modify the API to distribute the Skype
Software (a) for any legitimate purposes and (b) provided that You will not
remove, overtake, hide or otherwise make the UI inaccessible for end users.
3.2.2 You will constantly monitor the Skype Website in order to ensure that You
are distributing the latest stable version of the Skype Software as well as that
You are aware of any changes in the applicable legal documents. In the event You
cannot agree on any changes in any applicable legal document, You will
immediately cease any and all use of the API and, where applicable, any and all
use of the Skype Software.
3.2.3 You acknowledge and agree that Your use and/or modification of the API
will be at Your own risk and account.
3.3 You acknowledge and agree that any IP Rights arising directly from the API
are the exclusive ownership of Skype or its licensors without any compensation
to You. Insofar as necessary, this Agreement serves as a deed of assignment of
all of Your right, title and interest in and to such API modifications to Skype,
notwithstanding Your obligation to cooperate with Skype in order finalize any
other deed upon Skypes first request. You hereby irrevocably waive to the
extent permitted by law any moral rights relating to YourAPI modifications. You
furthermore represent and warrant that (a) You are authorized to assign Your
rights as stated above and (b) Your API modifications are correct and accurate
and (c) the API modifications do not infringe upon any third parties rights,
including but not limited to intellectual property rights.
3.4 Any other Exceptions. If You are interested in doing anything else than
permitted under this Agreement or by the Distribution Terms, the API Terms or
the Skype Promotional Materials Terms, You will have to obtain Skypes written
consent and agree on any further (commercial) terms.
Article 4. Permission to Utilize
4.1 Permission to utilize Your computer. In order to receive the benefits
provided by the Skype Software, you hereby grant permission for the Skype
Software to utilize the processor and bandwidth of Your computer for the limited
purpose of facilitating the communication between You and other Skype Software
users.
4.2 Protection of Your computer (resources). You understand that the Skype
Software will use its commercially reasonable efforts to protect the privacy and
integrity of Your computer resources and Your communication, however, You
acknowledge and agree that Skype cannot give any warranties in this respect.
Article 5. Confidentiality and Privacy
5.1 Skypes Confidential Information. You agree to take all reasonable steps at
all times to protect and maintain any confidential information regarding Skype,
its Affiliates, the Skype Staff, the Skype Software and the IP Rights, strictly
confidential.
5.2 Your Confidential Information and Your Privacy. Skype is committed to
respecting Your privacy and the confidentiality of Your personal data. The
Privacy Policy that is published on the Skype Website applies to the use of
Your personal data, the traffic data as well as the content contained in Your
communication(s).
Article 6. IP Rights and Translations
6.1 Exclusive Ownership. You acknowledge and agree that any and all IP Rights
are and shall remain the exclusive property of Skype and its licensors. Nothing
in this Agreement intends to transfer any IP Rights to, or to vest any IP Rights
in, You. You are only entitled to the limited use of the IP Rights granted to
You in this Agreement. You will not take any action to jeopardize, limit or
interfere with the IP Rights. You acknowledge and agree that any unauthorized
use of the IP Rights is a violation of this Agreement as well as a violation of
intellectual property laws, including without limitation copyright laws and
trademark laws.
6.2 No Removal of Notices. You agree that You will not remove, obscure, make
illegible or alter any notices or indications of the IP Rights and/or Skypes
rights and ownership thereof.
6.3 Translations. You acknowledge and agree that the intellectual property
rights regarding any translations made by You of any information on or
accessible through the Skype Website or as otherwise requested of You by Skype
at any time prior to or subsequent of the Effective Date will be and remain the
sole and exclusive property of Skype without any compensation to You. Insofar as
necessary, this Agreement serves as a deed of assignment of all of Your right,
title and interest in and to such translations to Skype, notwithstanding Your
obligation to cooperate with Skype in order finalize any other deed upon Skypes
first request. You hereby irrevocably waive to the extent permitted by law any
moral rights relating to Your translations. You furthermore represent and
warrant that (a) You are authorized to assign Your rights as stated above and
(b) Your translations are correct and accurate and (c) the translations do not
infringe upon any third parties rights, including but not limited to
intellectual property rights.
6.4 Use of Skype Promotional Materials. You are not allowed to use the Skype
Promotional Materials, unless You have agreed on and meet with the Skype
Promotional Materials Terms as published on the Skype Website at
http://www.skype.com/company/legal/promote/
Article 7. Communication and Your Use of the Skype Software
7.1 Communication. Installing Skype Software enables You to communicate with
other Skype Software users.
7.2 No Warranties. Skype cannot guarantee that You will always be able to
communicate with other Skype Software users, nor can Skype guarantee that You
can communicate without disruptions, delays or other communication-related
flaws. Skype will not be liable for any such disruptions, delays or other
omissions in any communication experienced when using Skype Software.
7.3 No Control. You acknowledge and understand that Skype does not control, or
have any knowledge of, the content of any communication(s) spread by the use of
the Skype Software. The content of the communication is entirely the
responsibility of the person from whom such content originated. You, therefore,
may be exposed to content that is offensive, indecent or otherwise
objectionable. Skype will not be liable for any type of communication spread by
means of the Skype Software.
7.4 No Emergency Services. You expressly agree and understand that the Skype
Software is not intended to support or carry emergency calls to any type of
hospital, law enforcement agency, medical care unit or any other kind of
emergency service. Skype, its Affiliates or Skype Staff are in no way liable for
such emergency calls.
7.5 Lawful purposes. You acknowledge and agree to use the Skype Software solely
for lawful purposes. In this respect You may not, without limitation (a)
intercept or monitor, damage or modify any communication which is not intended
for You, (b) use any type of spider, virus, worm, trojan-horse, time bomb or any
other codes or instructions that are designed to distort, delete, damage or
disassemble the Skype Software or the communication, or (c) send any unsolicited
commercial communication not permitted by applicable law.
Article 8. Term and (Consequences of) Termination
8.1 Term. This Agreement will be effective as of the Effective Date and will
remain effective until terminated by either Skype or You as set forth below.
8.2 Termination by Skype. Skype may terminate this Agreement at any time, with
or without cause, by providing notice to You and/or by preventing Your access to
the Skype Software, as set forth in Article 2.5 above.
8.3 Termination by You. You may terminate this Agreement at any time, with or
without cause, provided that You will meet with the conditions as set forth in
Article 8.4 below.
8.4 Consequences of Termination. Upon termination of this Agreement, You (a)
acknowledge and agree that all licenses and rights to use the Skype Software
shall terminate, and (b) will cease any and all use of the Skype Software, and
(c) will remove the Skype Software from all hard drives, networks and other
storage media and destroy all copies of the Skype Software in Your possession or
under Your control.
Article 9. Your Representations and Warranties; Indemnification of Skype
9.1 Representations. You represent and warrant that You are authorized to enter
into this Agreement and comply with its terms. Furthermore, You represent and
warrant that You will at any and all times meet with Your obligations hereunder,
as well as any and all laws, regulations and policies that may apply to the use
of the Skype Software.
9.2 Indemnification. You agree to indemnify, defend and hold Skype, its
Affiliates and the Skype Staff harmless from and against any and all liability
and costs, including reasonable attorneys fees incurred by said parties, in
connection with or arising out of Your (a) violation or breach of any term of
this Agreement or any applicable law, regulation, policy or guideline, whether
or not referenced herein, or (b) violation of any rights of any third party, or
(c) use or misuse of the Skype Software, or (d) use and/or modification of the
API or (e) communication spread by means of the Skype Software.
Article 10 Disclaimer of Warranties
10.1 No warranties. THE SKYPE SOFTWARE IS PROVIDED AS IS, WITH NO WARRANTIES
WHATSOEVER; SKYPE DOES NOT, EITHER EXPRESSED, IMPLIED OR STATUTORY, MAKE ANY
WARRANTIES, CLAIMS OR REPRESENTATIONS WITH RESPECT TO THE SKYPE SOFTWARE,
INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE,
NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE OR A PARTICULAR PURPOSE.
SKYPE FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SKYPE SOFTWARE WILL ALWAYS
BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, AND
ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES SKYPE WARRANT ANY
CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ANY QUALITY OF CALLS MADE
THROUGH THE SKYPE SOFTWARE.
10.2 Your own Risk. You acknowledge and agree that the entire risk arising out
of the use or performance of the Skype Software remains with You, to the maximum
extent permitted by law.
10.3 Jurisdictions Limitations. As some jurisdictions do not allow some of the
exclusions or limitations as set forth above, some of these exclusions or
limitations may not apply to You.
Article 11. Limitation of Liability
11.1 No Liability. The Skype Software is being provided to You free of charge.
ACCORDINGLY, YOU ACKNOWLEDGE AND AGREE THAT SKYPE, ITS AFFILIATES AND THE SKYPE
STAFF WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE
SKYPE SOFTWARE, AS SET FORTH BELOW.
11.2 Limitation of Liability. IN NO EVENT SHALL SKYPE, ITS AFFILIATES OR THE
SKYPE STAFF BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY, FOR ANY INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY
LOSS OF DATA, INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF
THE USE OR INABILITY TO USE THE SKYPE SOFTWARE, EVEN IF SKYPE, ITS AFFILIATES OR
THE SKYPE STAFF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.3 Remedy. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR
DISSATISFACTION WITH THE SKYPE SOFTWARE IS TO DEINSTALL AND CEASE USE OF SUCH
SKYPE SOFTWARE.
11.4 Jurisdictions Limitations. As some jurisdictions do not allow some of the
exclusions or limitations as set forth above, some of these exclusions or
limitations may not apply to You.
Article 12. General Provisions
12.1 New versions of the Agreement. Skype reserves the right to modify this
Agreement at any time by providing such revised Agreement to You or by
publishing the revised Agreement on the Skype Website. Your continued use of the
Skype Software shall constitute Your acceptance to be bound by the terms and
conditions of the revised Agreement.
12.2 Entire Agreement. The terms and conditions of this Agreement constitute the
entire agreement between You and Skype with respect to the subject matter hereof
and will supersede and replace all prior understandings and agreements, in
whatever form, regarding the subject matter.
12.3 Partial Invalidity. Should any term or provision hereof be deemed invalid,
void or enforceable either in its entirety or in a particular application, the
remainder of this Agreement shall nonetheless remain in full force and effect.
12.4 No waiver. The failure of Skype at any time or times to require performance
of any provisions hereof shall in no manner affect its right at a later time to
enforce the same unless the same is explicitly waived in writing and signed by
Skype.
12.5 No Assignment by You. You are not allowed to assign this Agreement or any
rights hereunder.
12.6 Assignment by Skype. Skype is allowed to at its sole discretion assign this
Agreement or any rights hereunder to any Affiliate, without giving prior notice.
12.7 Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of Luxembourg without giving effect to the conflict of
laws or provisions of Luxembourg or Your actual state or country of residence.
12.8 Competent Court. Any legal proceedings arising out of or relating to this
Agreement will be subject to the exclusive jurisdiction of any court of
Luxembourg sitting in Luxembourg.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE
RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE
ACCEPT BUTTON AND/OR CONTINUING TO INSTALL THE SKYPE SOFTWARE, YOU EXPRESSLY
CONSENT TO BE BOUND BY ITS TERMS AND CONSITIONS AND GRANT TO SKYPE THE RIGHTS
SET FORTH HEREIN.
Last revised: October 2004.
Sun Java 5.0 Licenses
The following is the license for Sun JRE 5.0 and Third Party Software
that may be included with the Sun JRE.
Copyright © 2005 Sun Microsystems, Inc., 4150
Network Circle, Santa Clara, California 95054, U.S.A.
All rights reserved. U.S.
Government Rights - Commercial software. Government users
are subject to the Sun Microsystems, Inc. standard license
agreement and applicable provisions of the FAR and its
supplements. Use is subject to license terms. This
distribution may include materials developed by third
parties. Sun, Sun Microsystems, the Sun logo, Java, Jini,
Solaris and J2SE are trademarks or registered trademarks of
Sun Microsystems, Inc. in the U.S. and other
countries. This product is covered and controlled by U.S.
Export Control laws and may be subject to the export or
import laws in other countries. Nuclear, missile, chemical
biological weapons or nuclear maritime end uses or end
users, whether direct or indirect, are strictly prohibited.
Export or reexport to countries subject to U.S.
embargo or to entities identified on U.S. export exclusion
lists, including, but not limited to, the denied persons and
specially designated nationals lists is strictly prohibited.
Copyright © 2005 Sun Microsystems, Inc., 4150
Network Circle, Santa Clara, California 95054, Etats-Unis.
Tous droits réservés.L'utilisation est soumise aux termes du
contrat de licence.
Cette distribution peut comprendre des
composants développés par des tierces parties.Sun, Sun
Microsystems, le logo Sun, Java, Jini, Solaris et J2SE sont
des marques de fabrique ou des marques déposées de Sun
Microsystems, Inc. aux Etats-Unis et dans d'autres pays. Ce
produit est soumis à la législation américaine en matière de
contrôle des exportations et peut être soumis à la
règlementation en vigueur dans d'autres pays dans le domaine
des exportations et importations. Les utilisations, ou
utilisateurs finaux, pour des armes nucléaires, des missiles,
des armes biologiques et chimiques ou du nucléaire maritime,
directement ou indirectement, sont strictement interdites.
Les exportations ou réexportations vers les pays sous
embargo américain, ou vers des entités figurant sur les
listes d'exclusion d'exportation américaines, y compris,
mais de manière non exhaustive, la liste de personnes qui
font objet d'un ordre de ne pas participer, d'une façon
directe ou indirecte, aux exportations des produits ou des
services qui sont régis par la législation américaine en
matière de contrôle des exportations et la liste de
ressortissants spécifiquement désignés, sont rigoureusement
interdites.
Operating System Distributor License for Java version 1.1
SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE THE JAVA PLATFORM
STANDARD EDITION DEVELOPER KIT ("JDK" - THE "SOFTWARE") TO YOU ONLY
UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS
LICENSE AGREEMENT (THE "AGREEMENT"). PLEASE READ THE AGREEMENT
CAREFULLY. BY INSTALLING, USING, OR DISTRIBUTING THIS SOFTWARE, YOU
ACCEPT ALL OF THE TERMS OF THE AGREEMENT.
1. DEFINITIONS. "Software" means the code identified above in binary
form, any other machine readable materials including, but not
limited to, libraries, source files, header files, and data files),
any updates or error corrections provided by Sun, and any user
manuals, programming guides and other documentation provided to you
by Sun under this Agreement, and any subsequent versions that Sun
makes available to you hereunder. "Operating System" means any
version of the Linux or OpenSolaris operating systems that manages
the hardware resources of a general purpose desktop or server
computer and shares these resources with various software programs
that run on top of it. "Programs" means Java technology applets and
applications intended to run on the Java Platform Standard Edition
(Java SE platform) platform on Java-enabled general purpose desktop
computers and servers.
2. License Grant. Subject to the terms and conditions of this
Agreement, as well as the restrictions and exceptions set forth in
the Software README file, Sun grants you a non-exclusive,
non-transferable, royalty-free limited license to reproduce and use
the Software internally, complete and unmodified, for the sole
purposes of running Programs and designing, developing and testing
Programs. Sun also grants you a non-exclusive, non-transferable,
royalty-free limited license to reproduce and distribute the
Software, directly or indirectly through your licensees,
distributors, resellers, or OEMs, electronically or in physical
form or pre-installed with your Operating System on a general
purpose desktop computer or server, provided that: (a) the Software
and any proprietary legends or notices are complete and unmodified;
(b) the Software is distributed with your Operating System, and
such distribution is solely for the purposes of running Programs
under the control of your Operating System and designing,
developing and testing Programs to be run under the control of your
Operating System; (c) you do not combine, configure or distribute
the Software to run in conjunction with any additional software
that implements the same or similar functionality or APIs as the
Software; (d) you do not remove or modify any included license
agreement or impede or prevent it from displaying and requiring
acceptance; (e) you only distribute the Software subject to this
license agreement; and (f) you agree to defend and indemnify Sun
and its licensors from and against any damages, costs, liabilities,
settlement amounts and/or expenses (including attorneys' fees)
incurred in connection with any claim, lawsuit or action by any
third party that arises or results from (i) the use or distribution
of your Operating System, or any part thereof, in any manner, or
(ii) your use or distribution of the Software in violation of the
terms of this Agreement or applicable law. You shall not be
obligated under Section 2(f)(i) if such claim would not have
occurred but for a modification made to your Operating System by
someone not under your direction or control, and you were in
compliance with all other terms of this Agreement. If the Software
README file permits certain files to be replaced or omitted from
your distribution, then any such replacement(s) or omission(s)
shall not be considered a breach of Section 2(a).
3. RESTRICTIONS. Software is copyrighted and title to Software and
all associated intellectual property rights is retained by Sun
and/or its licensors. Unless enforcement is prohibited by
applicable law, you may not modify, decompile, or reverse engineer
Software. You may not create, modify, or change the behavior of,
or authorize your licensees, distributors, resellers, OEMs, or end
users (collectively, "Licensees") to create, modify, or change the
behavior of, classes, interfaces, or subpackages that are in any
way identified as "java", "javax", "sun" or similar convention as
specified by Sun in any naming convention designation. You
acknowledge that Licensed Software is not designed or intended for
use in the design, construction, operation or maintenance of any
nuclear facility. Sun Microsystems, Inc. disclaims any express or
implied warranty of fitness for such uses.
4. COMPATIBILITY. If you exercise the license in Section 2, and Sun
or a licensee of the Software (under section 4(b)) notifies you
that there are compatibility issues (as determined by the
applicable Technology Compatibility Kit) caused by the interaction
of the Software with your Operating System, then within ninety
(90) days you must either: (a) modify the Operating System in a
way that resolves the compatibility issue (as determined by Sun)
and make a patch or replacement version available to your
Licensees who have already received the version of your Operating
System tha