(SLED) 10 Novell® Software License Agreement PLEASE

SUSE® LINUX Enterprise Desktop (SLED) 10
Novell® Software License Agreement
PLEASE READ THIS AGREEMENT CAREFULLY. BY INSTALLING OR OTHERWISE USING
THE SOFTWARE (INCLUDING ITS COMPONENTS), YOU AGREE TO THE TERMS OF THIS
AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT DOWNLOAD,
INSTALL OR USE THE SOFTWARE AND, IF APPLICABLE, RETURN THE ENTIRE
UNUSED PACKAGE TO THE RESELLER WITH YOUR RECEIPT FOR A REFUND. THE
SOFTWARE MAY NOT BE SOLD, TRANSFERRED, OR FURTHER DISTRIBUTED WITHOUT
PRIOR WRITTEN AUTHORIZATION FROM NOVELL.
RIGHTS AND LICENSES
This Novell Software License Agreement
("Agreement") is a legal agreement between You
(an entity or a person) and Novell, Inc.
("Novell") with respect to the software product identified in the title
of this Agreement, media (if any) and accompanying documentation
(collectively the "Software").
The Software is a collective work of Novell.
You must acquire a license for each
installation of the Software and for each
additional copy (or partial copy) of the
Software stored or loaded in memory or virtual
memory beyond the initial copy necessary for
execution of the Software installed on the
hardware.
The Software is a modular operating system. Most of the components are
open source packages, developed
independently, and accompanied by separate license terms. Your license
rights with respect to individual components accompanied by separate
license terms are defined by those terms; nothing in this Agreement
shall restrict, limit, or otherwise affect any rights or obligations
You may have, or conditions to which You may be subject, under such
license terms.
While the license terms for a component may authorize You to distribute
the component, You may not use any Novell marks (e.g., SUSE and SUSE
LINUX) in distributing the component, whether or not the component
contains Novell marks.
OTHER LICENSE TERMS AND RESTRICTIONS
The Software is protected by the copyright laws and treaties of the
United States ("U.S.") and other countries and is subject to the terms
of this Agreement. The Software is licensed to You, not sold.
The Software may be bundled with other software programs ("Bundled
Programs"). Your license rights with respect to Bundled Programs
accompanied by separate license terms are defined by those terms;
nothing in this Agreement shall restrict, limit, or otherwise affect
any rights or obligations You may have, or conditions to which You may
be subject, under such license terms.
Novell reserves all rights not expressly granted to You. You may not:
(1) reverse engineer, decompile, or disassemble the Software except and
only to the extent it is expressly permitted by applicable law or the
license terms accompanying a component of the Software; or (2) transfer
the Software or Your license rights under this Agreement, in whole or
in part.
MAINTENANCE AND SUPPORT
Your rights with respect to updates, patches, or other materials
received under a subscription to a Novell maintenance program for the
Software are defined by the relevant maintenance program terms.
Novell has no obligation under this Agreement to provide maintenance or
support for the Software. Depending on how You acquired the Software,
You may have also acquired a maintenance subscription for the Software.
For more information on Novell's current maintenance and support
offerings, see http://www.novell.com/support.
OWNERSHIP RIGHTS
No title to or ownership of the Software is transferred to You. Novell
and/or its licensors owns and retains all title and ownership of all
intellectual property rights in the Software, including any adaptations
or copies. You acquire only a license to use the Software.
LIMITED WARRANTY
For ninety (90) days from Your date of purchase, Novell warrants that
(1) any media on which the Software is delivered is free from physical
defects; and (2) the Software will substantially conform to the
documentation accompanying the Software. If the defective items are
returned to Novell or if You report the nonconformity to Novell within
ninety (90) days from the date of purchase, Novell will at its sole
discretion either resolve the nonconformity or refund the license fees
You paid for the Software. Any misuse or unauthorized modification of
the Software voids this warranty. THE FOREGOING WARRANTY IS YOUR SOLE
AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR
IMPLIED. (The foregoing warranty does not apply to Software provided
free of charge. SUCH SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY
WARRANTIES OF ANY KIND.)
THE SOFTWARE IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR
DISTRIBUTION WITH ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS
REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR
FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATION, OR CONTROL SYSTEMS,
DIRECT LIFE SUPPORT MACHINES, WEAPONS SYSTEMS, OR OTHER USES IN WHICH
FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY,
OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
THE SOFTWARE IS ONLY COMPATIBLE WITH CERTAIN COMPUTERS AND OPERATING
SYSTEMS. THE SOFTWARE IS NOT WARRANTED FOR NON-COMPATIBLE SYSTEMS.
Call Novell or Your dealer for information about compatibility.
Non-Novell Products. The Software may include or be bundled with
hardware or other software programs licensed or sold by a licensor
other than Novell. NOVELL DOES NOT WARRANT NON-NOVELL PRODUCTS. ANY
SUCH PRODUCTS ARE PROVIDED ON AN "AS IS" BASIS. ANY WARRANTY SERVICE
FOR NON-NOVELL PRODUCTS IS PROVIDED BY THE PRODUCT LICENSOR IN
ACCORDANCE WITH THE APPLICABLE LICENSOR WARRANTY.
EXCEPT AS OTHERWISE RESTRICTED BY LAW, NOVELL DISCLAIMS AND EXCLUDES
ANY AND ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTIES OF
MERCHANTABILITY, TITLE, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR
PURPOSE. NOVELL MAKES NO WARRANTY, REPRESENTATION OR PROMISE NOT
EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY. NOVELL DOES NOT WARRANT
THAT THE SOFTWARE WILL SATISFY YOUR REQUIREMENTS OR THAT THE OPERATION
OF THE SOFTWARE WILL BE UNINTERRUPTED. Some jurisdictions do not allow
certain disclaimers and limitations of warranties, so portions of the
above limitations may not apply to You. This limited warranty gives
You specific rights and You may also have other rights which vary from
state to state.
LIMITATION OF LIABILITY
(a) Consequential Losses. NEITHER NOVELL NOR ANY OF ITS LICENSORS,
SUBSIDIARIES, OR EMPLOYEES WILL IN ANY CASE BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, CONSEQUENTIAL, INDIRECT, TORT, ECONOMIC OR PUNITIVE DAMAGES
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING
WITHOUT LIMITATION LOSS OF PROFITS, BUSINESS OR DATA, EVEN IF ADVISED
OF THE POSSIBILITY OF THOSE DAMAGES.
(b) Direct Damages. IN NO EVENT WILL NOVELL'S AGGREGATE LIABILITY FOR
DIRECT DAMAGES TO PROPERTY OR PERSON (WHETHER IN ONE INSTANCE OR A
SERIES OF INSTANCES) EXCEED 1.25 TIMES THE AMOUNT PAID BY YOU FOR THE
SOFTWARE OUT OF WHICH SUCH CLAIM AROSE [OR $50 (U.S.) IF YOU RECEIVED
THE SOFTWARE FREE OF CHARGE]. The above exclusions and limitations
will not apply to claims relating to death or personal injury. In
those jurisdictions that do not allow the exclusion or limitation of
damages, Novell's liability shall be limited or excluded to the maximum
extent allowed within those jurisdictions.
GENERAL TERMS
Term. This Agreement becomes effective on the date You legally acquire
the Software and will automatically terminate if You breach any of its
terms. Upon termination of this Agreement, You must destroy the
original and all copies of the Software or return them to Novell and
delete the Software from Your systems.
Benchmark Testing. This benchmark testing restriction applies to You
if You are a software vendor or if You are performing testing on the
Software at the direction of or on behalf of a software vendor. You
may not, without Novell's prior written consent not to be unreasonably
withheld, publish or disclose to any third party the results of any
benchmark test of the Software. If You are a vendor of products that
are functionally similar to or compete with the Software ("Similar
Products"), or are acting on behalf of such a vendor, and You publish
or disclose benchmark information on the Software in violation of this
restriction, then notwithstanding anything to the contrary in the
Similar Product's end user license agreement, and in addition to any
other remedies Novell may have, Novell shall have the right to perform
benchmark testing on Similar Products and to disclose and publish that
benchmark information and You hereby represent that You have authority
to grant such right to Novell.
Transfer. This Agreement may not be transferred or assigned without
the prior written approval of Novell.
Law and Jurisdiction. This Agreement is governed by the laws of the
State of Utah, U.S. Any action at law relating to this Agreement may
only be brought before the courts of competent jurisdiction of the
State of Utah. If, however, Your country of principal residence is a
member state of the European Union or the European Free Trade
Association, this Agreement is governed by the laws of that country,
and any action at law may only be brought before a court of competent
jurisdiction of that country.
Entire Agreement. This Agreement and the Upgrade/Additive Agreement
(if applicable) sets forth the entire understanding and agreement
between You and Novell and may be amended only in a writing signed by
both parties. NO LICENSOR, DISTRIBUTOR, DEALER, RETAILER, RESELLER,
SALES PERSON, OR EMPLOYEE IS AUTHORIZED TO MODIFY THIS AGREEMENT OR TO
MAKE ANY REPRESENTATION OR PROMISE THAT IS DIFFERENT FROM, OR IN
ADDITION TO, THE TERMS OF THIS AGREEMENT.
Waiver. No waiver of any right under this Agreement will be effective
unless in writing, signed by a duly authorized representative of the
party to be bound. No waiver of any past or present right arising from
any breach or failure to perform will be deemed to be a waiver of any
future right arising under this Agreement.
Severability. If any provision in this Agreement is invalid or
unenforceable, that provision will be construed, limited, modified or,
if necessary, severed, to the extent necessary, to eliminate its
invalidity or unenforceability, and the other provisions of this
Agreement will remain unaffected.
Export Compliance. Any person or entity exporting or re-exporting
Novell products directly or indirectly and via any means, including
electronic transfer, is wholly responsible for doing so in accordance
with the U.S. Export Administration Regulations and the laws of host
countries. Novell assumes no responsibility or liability for your
failure to obtain any necessary export approvals. Approvals are
dependent upon an item's technical characteristics, the destination,
end-use and end-user, as well as other activities of the end user.
Specifically, no Novell product may be exported to embargoed or
otherwise restricted countries or end users. Please consult the Bureau
of Industry and Security web page and other sources before exporting
Novell products from the U.S. and familiarize yourself with the laws of
destination countries before re-exporting Novell products. This
provision shall survive the expiration or earlier termination of this
Agreement. Please refer to the export matrix for Novell products for
more information on exporting Novell Software. You can download a copy
from http://www.novell.com/info/exports/ or obtain a copy from your
local Novell office.
U.S. Government Restricted Rights. Use, duplication, or disclosure by
the U.S. Government is subject to the restrictions in FAR 52.227-14
(June 1987) Alternate III (June 1987), FAR 52.227-19 (June 1987), or
DFARS 252.227-7013 (b)(3) (Nov 1995), or applicable successor clauses.
Contractor/Manufacturer is Novell, Inc., 1800 South Novell Place,
Provo, Utah 84606.
Other. The application of the United Nations Convention of Contracts
for the International Sale of Goods is expressly excluded.
Copyright 1993, 2000-2006 Novell, Inc. All Rights Reserved.
(052206)
Novell and SUSE are registered trademarks, and the SUSE logo is a
trademark, of Novell, Inc. in the United States and other countries.
Linux is a registered trademark of Linus Torvalds.
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ADOBE SYSTEMS INCORPORATED
End User License Agreement
Please return any accompanying registration
form to receive registration benefits.
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; AND LIABILITY IN
SECTION 8. 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.
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" 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 an electronic device 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 Benelux BV, Europlaza, Hoogoorddreef
54a, 1101 BE Amsterdam ZO, the Netherlands, a
company organized under the laws of the
Netherlands and an affiliate and licensee of
Adobe Systems Incorporated.
2. Software License. As long as you comply
with the terms of this End User License
Agreement (the "Agreement"), Adobe grants to
you a non-exclusive license to Use the
Software for the purposes described in the
Documentation. Some third party materials
included in the Software may be subject to
other terms and conditions, which are typically
found in a "Read Me" file located near such
materials.
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 an unlimited
number of computers on your internal network.
No other network use is permitted, including
but not limited to, using 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 under Section 4.
2.4. Home Use. You, as the primary user of
the computer on which the Software is
installed, may also install the Software on one
of your home computers. However, the Software
may not be used on your home computer at the
same time the Software on the primary computer
is being used.
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. Font Software. If the Software includes
font software 2.6.1. You may Use the font software as
described above on the Permitted Number of
computers and output such font software on any
output devices connected to such computers.
2.6.2. If the Permitted Number of computers is
five or fewer, you may download the font
software to the memory (hard disk or RAM) of
one output device connected to at least one of
such computers for the purpose of having such
font software remain resident in the output
device, and of one additional such output
device for every multiple of five represented
by the Permitted Number of computers.2.6.3. You
may take a copy of the font(s) you have used
for a particular file to a commercial printer
or other service bureau, and such service
bureau may Use the font(s) to process your
file, provided such service bureau has a valid
license to Use that particular font software.
2.6.4. You may convert and install the font
software into another format for use in other
environments, subject to the following
conditions: A computer on which the converted
font software is used or installed shall be
considered as one of your Permitted Number of
computers. Use of the font software you have
converted shall be pursuant to all the terms
and conditions of this Agreement. Such
converted font software may be used only for
your own customary internal business or
personal use and may not be distributed or
transferred for any purpose, except in
accordance with the Transfer section below.
2.6.5 You may embed the font software, or
outlines of the font software, into your
electronic documents to the extent that the
font vendor copyright owner allows for such
embedding. The fonts contained in this package
may contain both Adobe and non-Adobe owned
fonts. You may fully embed any font owned by
Adobe. Refer to the font sample sheet or font
information file to determine font ownership.
See the Documentation for location and
information on how to access these sheets and
files.
2.7 To the extent that the Software includes
Adobe Acrobat Reader software, (i) you may
customize the installer for such software in
accordance with the restrictions found at
www.adobe.com (e.g., installation of additional
plug-in and help files); however, you may not
otherwise alter or modify the installer program
or create a new installer for any of such
software, (ii) such software is licensed and
distributed by Adobe for viewing, distributing
and sharing PDF files, and (iii) you are not
authorized to use any plug-in or enhancement
that permits you to save modifications to a PDF
file with such software; however, such use is
authorized with Adobe Acrobat, Adobe Acrobat
Business Tools, and other current and future
Adobe products that feature the creation or
manipulation of PDF files. For information on
how to distribute Adobe Acrobat Reader and
Adobe SVG Viewer please refer to the sections
entitled "How to Distribute Acrobat Reader" and
"How to Distribute SVG Viewer" at www.adobe.com.
3. Intellectual Property Rights. The Software
and any copies that you are authorized by Adobe
to 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 copyright, including without
limitation by United States Copyright Law,
international treaty provisions and applicable
laws in the country in which it is being used.
You may not copy the Software, except as set
forth in Section 2 ("Software License"). Any
copies that you are permitted to make pursuant
to this Agreement must contain the same
copyright and other proprietary notices that
appear on or in the Software. Except for font
software converted to other formats as
permitted in section 2.6.4, you agree not to
modify, adapt or translate the Software. You
also agree not to 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 requested 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 information supplied by Adobe
or obtained by you, as permitted hereunder, 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 information should be
directed to the Adobe Customer Support
Department. Trademarks shall be used in
accordance with accepted trademark practice,
including identification of trademarks owners'
names. Trademarks can only be used to identify
printed output produced by the Software and
such use of any trademark does not give you any
rights of ownership in that trademark. Except
as expressly stated above, this Agreement does
not grant you any intellectual property rights
in the Software.
4. Transfer. You may not, rent, lease,
sublicense or authorize all or any portion of
the Software to be copied onto another users
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 each this Agreement, the Software and
all other software or hardware bundled or preinstalled with the Software, including all
copies, Updates and prior versions, and all
copies of font software converted into other
formats, 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. Multiple Environment Software / Multiple
Language Software / Dual Media Software /
Multiple Copies/ Bundles / Updates. If the
Software supports multiple platforms or
languages, if you receive the Software on
multiple media, if you otherwise receive
multiple copies of the Software, or if you
received the Software bundled with other
software, the total number of your computers on
which all versions of the Software are
installed may not exceed the Permitted Number.
You may not, rent, lease, sublicense, lend or
transfer any versions or copies of such
Software you do not Use. 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 the Update.
You may continue to Use the previous version
of the Software on your computer after you
receive the Update to assist you in the
transition to the Update, provided that: the
Update and the previous version are installed
on the same computer; the previous version 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 you acknowledge that any
obligation Adobe may have to support the
previous version of the Software may be ended
upon availability of the Update.
6. NO WARRANTY. The Software is being
delivered to you "AS IS" and Adobe makes no
warranty as to its use or performance. ADOBE
AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE
PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING
THE SOFTWARE. EXCEPT 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 MATTER INCLUDING WITHOUT LIMITATION
NONINFRINGEMENT OF THIRD PARTY RIGHTS,
MERCHANTABILITY, INTEGRATION, SATISFACTORY
QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
7. 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 or condition in this Agreement,
this Section shall supercede such other term(s)
and condition(s) with respect to the PreRelease 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 PreRelease Software is provided to you "AS-IS", and
Adobe disclaims any warranty or liability
obligations to you of any kind. WHERE LEGALLY
LIABILITY CANNOT BE EXCLUDED FOR PRE-RELEASE
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. 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, that 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, 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 End User
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 PreRelease 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.
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. ADOBE'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 Adobe's
liability to you in the event of death or
personal injury resulting from Adobe'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 Adobe'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
to Cuba, Iran, North Korea, Sudan, and Syria) 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: (a) in the State
of California, if a license to the Software is
purchased when you are in the United States,
Canada, or Mexico; or (b) in 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) the Netherlands, 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 courts of Amsterdam, the
Netherlands, when the law of the Netherlands
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
the 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. 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. 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. The
Software and Documentation are "Commercial
Items," 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. 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.
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, Acrobat, Acrobat Reader, and After
Effects are either registered trademarks or
trademarks of Adobe Systems Incorporated in the
United States and/or other countries.
##############################################
END USER LICENSE AGREEMENT FOR
CITRIX SYSTEMS, INC.
This is a legal agreement ("AGREEMENT") between
you, the Licensed User or representative of
the Licensed User and Citrix Systems, Inc., or
Citrix Systems International GmbH. Citrix
Systems, Inc., a Delaware corporation, markets
and supports this product or feature release
(both hereinafter "PRODUCT") in the Americas.
Citrix Systems International GmbH, a Swiss
company wholly owned by Citrix Systems, Inc.,
markets and supports this PRODUCT in Europe,
the Middle East, Africa, Asia and the Pacific.
Your location of receipt of this PRODUCT
determines which is the licensing entity
hereunder (the applicable entity is hereinafter
referred to as "CITRIX"). BY OPENING THE SEALED
DISK PACKAGE OR BY INDICATING YOUR ACCEPTANCE
AS IDENTIFIED BELOW, YOU ARE AGREEING TO BE
BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO
NOT AGREE TO THE TERMS OF THIS AGREEMENT,
PROMPTLY RETURN THE UNOPENED DISK PACKAGE AND
THE ACCOMPANYING ITEMS (INCLUDING WRITTEN
MATERIALS AND BINDERS OR OTHER CONTAINERS) TO
THE PLACE WHERE YOU OBTAINED THEM FOR A FULL
REFUND.
1. GRANT OF LICENSE. This CITRIX product
contains software that provides services on a
computer called a server (''Server Software''),
and software that allows a computer to access
or utilize the services provided by the Server
Software (''Client Software''). CITRIX grants
to you the following non-exclusive rights to
the Client Software and the Server Software and
accompanying documentation (collectively
called the ''SOFTWARE''):
a) Installation and Transfer. You may install
one copy of the Server Software on a single
computer (the computer running the Server
Software shall be referred to as the
''Server''). The CD on which the Server
Software resides may contain several copies of
the Server Software, each of which is
compatible with a different microprocessor
architecture. You may install the Server
Software for use with only one of those
architectures at any given time. You may
transfer the Server Software to another
computer, provided that it is removed from the
computer from which it is transferred. The
Client Software diskettes with the "Unlimited
Copies Allowed Under User License Agreement"
legend may be installed on an unlimited number
of computers, provided that these computers are
used to access the Server. All other Client
Software diskettes can be installed and used on
a single computer only. However, the number of
concurrent logins will be limited pursuant to
Section 1.b.
b) Use of the Server Software. You may use one
copy of the Server Software at any time on one
Server, which may be connected at any point in
time to an unlimited number of computers
operating remotely or on one or more networks.
The Server Software supports usage by more
than one user at a time. However, it may only
be used to support the number of user logins
you are entitled to based on your purchase of
CITRIX licenses for the basic system and any
additional CITRIX User License Packs which
increase the number of allowable logins.
System management and other service features
of the SOFTWARE may only be used to support
the same SOFTWARE. Any attempt to defeat or
circumvent these software-enforced login
limitations is a breach of this AGREEMENT. You
may make one (1) copy of the SOFTWARE in
machine readable form solely for back- up
purposes, provided that you reproduce all
proprietary notices on the copy.
c) Use of the Client Software. You may use the
Client Software to access the Server.
d) Not For Resale and Developers' Edition
Software. If this SOFTWARE is labeled ''Not
For Resale'' or ''NFR,'' your license only
permits use for demonstration, test, or
evaluation purposes. If this SOFTWARE is
labeled "Developers' Edition," your license
only permits use for developing your own
product(s) to operate in conjunction with the
SOFTWARE. You receive no license hereunder to
incorporate the SOFTWARE or any portion thereof
in your own product(s).
e) Other. Notice to Users - You shall inform
all users of the SOFTWARE of the terms and
conditions of this AGREEMENT.
2. SUBSCRIPTION RIGHTS. If the licensed user
has purchased a subscription to obtain
"Updates" (as defined below) for the SOFTWARE
(the "Subscription"), the following terms and
conditions shall also apply. If the licensed
user has paid the appropriate subscription fee
and registered its Subscription with CITRIX,
the licensed user's Subscription shall begin
on the effective date of this AGREEMENT and
shall continue for a term of one year
thereafter unless terminated sooner (the
"Subscription Term"). During the Subscription
Term, CITRIX may, from time to time, generally
make Updates available for licensing to the
public. For the purposes of this AGREEMENT, an
Update shall mean a generally available
release of the SOFTWARE which is designated by
CITRIX in its sole discretion as an increase
in any digit of the SOFTWARE version number
from that version number of the SOFTWARE
originally licensed by the licensed user
pursuant to this AGREEMENT. Upon general
availability of such Update during the
Subscription Term, CITRIX shall provide the
licensed user with one (1) copy of such UPDATE
for each copy of the SOFTWARE originally
licensed by the licensed user pursuant to this
AGREEMENT, without additional charge.
Any
such Updates so delivered to the licensed user
shall be considered SOFTWARE under the terms
of this AGREEMENT.
The licensed user acknowledges that CITRIX may
develop and market new or different computer
programs which use portions of the SOFTWARE and
which perform all or part of the functions
performed by the SOFTWARE. Nothing contained
in this AGREEMENT shall give the licensed user
any rights with respect to such new or
different computer programs. The licensed user
also acknowledges that CITRIX is not obligated
under this AGREEMENT to generally make any
Updates available to the public. All
deliveries of Updates shall be F.O.B. Fort
Lauderdale, Florida. CITRIX shall have no
responsibility under this AGREEMENT for the
installation of any Updates.
3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
For all SOFTWARE - You may not rent or lease
the SOFTWARE, but you may transfer the SOFTWARE
and accompanying written materials on a
permanent basis, provided you retain no copies
and the recipient agrees to the terms of this
AGREEMENT. You may not modify, translate,
reverse engineer, decompile, or disassemble,
create derivative works based on, or copy
(except for the back-up copy of the SOFTWARE)
the SOFTWARE, except to the extent such
foregoing restriction is expressly prohibited
by applicable law. You may not remove any
proprietary notices, labels, or marks on the
SOFTWARE and accompanying documentation.
YOU MAY NOT USE, COPY, MODIFY, OR TRANSFER THE
SOFTWARE OR ANY COPY IN WHOLE OR IN PART, OR
GRANT ANY RIGHTS IN THE SOFTWARE OR
ACCOMPANYING DOCUMENTATION, EXCEPT AS
EXPRESSLY PROVIDED IN THIS LICENSE. ALL RIGHTS
NOT EXPRESSLY GRANTED ARE RESERVED BY CITRIX
OR ITS SUPPLIERS.
Limited Warranty and Disclaimer. CITRIX
warrants that, for a period of ninety (90)
days from the date of delivery of the SOFTWARE
to you as evidenced by a copy of your receipt,
the media on which the SOFTWARE is furnished
under normal use will be free from defects in
materials and workmanship and that the CITRIX
product will perform substantially in
accordance with the CITRIX product
documentation published by CITRIX and included
with the enclosed sealed media package. CITRIX
and its suppliers' entire liability and your
exclusive remedy under this warranty (which is
subject to you returning the SOFTWARE to CITRIX
or an authorized reseller with a copy of your
receipt) will be, at CITRIX' option, to
replace the media or to refund the purchase
price and terminate this AGREEMENT.
EXCEPT FOR THE ABOVE EXPRESS LIMITED
WARRANTIES, CITRIX AND ITS SUPPLIERS MAKE AND
YOU RECEIVE NO WARRANTIES OR CONDITIONS,
EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND
CITRIX AND ITS SUPPLIERS SPECIFICALLY DISCLAIM
ANY CONDITIONS OF QUALITY AND ANY IMPLIED
WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY
WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT,
OR FITNESS FOR A PARTICULAR PURPOSE. YOU
ASSUME THE RESPONSIBILITY FOR THE SELECTION OF
THE PRODUCTS AND HARDWARE TO ACHIEVE YOUR
INTENDED RESULTS, AND FOR THE INSTALLATION OF,
USE OF, AND RESULTS OBTAINED FROM THE
PRODUCTS. CITRIX does not warrant that the
SOFTWARE will be uninterrupted or error free.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSIONS
MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU
SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER
RIGHTS WHICH VARY FROM JURISDICTION TO
JURISDICTION.
Proprietary Rights. This license is not a
sale. Title and copyrights to the SOFTWARE,
accompanying documentation and any copies made
by you remain with CITRIX or its suppliers.
Limitation of Liability. IN NO EVENT WILL
CITRIX OR ITS SUPPLIERS BE LIABLE FOR ANY LOSS
OF DATA, LOSS OF INCOME, LOSS OF OPPORTUNITY
OR PROFITS, COST OF RECOVERY OR ANY OTHER
SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT
DAMAGES ARISING OUT OF OR IN CONNECTION WITH
THIS AGREEMENT, OR THE USE OF THE SOFTWARE,
REFERENCE MATERIALS OR ACCOMPANYING
DOCUMENTATION, HOWEVER CAUSED AND ON ANY
THEORY OF LIABILITY. THIS LIMITATION WILL
APPLY EVEN IF CITRIX, ITS SUPPLIERS OR
AUTHORIZED DISTRIBUTORS HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT
SHALL THE LIABILITY OF CITRIX EXCEED THE
AMOUNT PAID FOR THE LICENSED SOFTWARE AT
ISSUE. YOU ACKNOWLEDGE THAT THE LICENSE FEE
REFLECTS THIS ALLOCATION OF RISK. 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.
Export Restriction. You agree that you will
not export or re-export the SOFTWARE in any
form without the appropriate United States and
foreign government licenses. Your failure to
comply with this provision is a material
breach of this AGREEMENT.
Termination. This AGREEMENT is effective until
terminated. You may terminate this AGREEMENT
at any time by removing from your computer and
destroying all copies of the SOFTWARE.
Unauthorized copying of the SOFTWARE or the
accompanying documentation or otherwise
failing to comply with the terms and
conditions of this AGREEMENT will result in
automatic termination of this license and will
make available to CITRIX other legal remedies.
Upon termination of this AGREEMENT, the
license granted herein will terminate and you
must immediately destroy the SOFTWARE and
accompanying documentation, and all back-up
copies thereof.
Government End-Users. If you are a U.S.
Government agency, in accordance with Section
12.212 of the Federal Acquisition Regulation
(48 CFR 12.212), you hereby acknowledge that
use, duplication and disclosure of the SOFTWARE
by the U.S. Government or any of its agencies
is governed by, and subject to, all of the
terms, conditions, restrictions and limitations
set forth in this AGREEMENT. In the event
that, for any reason, Section 12.212 is not
applicable, you hereby acknowledge that use,
duplication and disclosure of the SOFTWARE by
U.S. Government agencies is subject to the
Commercial Computer Software Restricted Rights
clause at 48 CFR Section 52.227-19(c)(1) and
(2), or the Rights in Technical Data and
Computer Software clause at DFARS 252.227-7013,
as applicable. Manufacturer is Citrix Systems,
Inc., 851 West Cypress Creek Road, Fort
Lauderdale, Florida, 33309.
If licensor is Citrix Systems, Inc., this
AGREEMENT will be governed by the laws of the
State of Florida without reference to conflict
of laws principles and excluding the United
Nations Convention on Contracts for the
International Sale of Goods, and in any
dispute arising out of this AGREEMENT, you
consent to the exclusive personal jurisdiction
and venue in the State and Federal courts
within Broward County, Florida. If licensor is
Citrix Systems International GmbH, this
AGREEMENT will be governed by the laws of
Switzerland without reference to the conflict
of laws principles, and excluding the United
Nations Convention on Contracts for the
International Sale of Goods, and in any dispute
arising out of this Citrix MetaFrame Server
for UNIX Operating Systems License Agreement
7 AGREEMENT, you consent to the exclusive
personal jurisdiction and venue of the
competent courts in the Canton of Zürich.
Should you have any questions concerning this
AGREEMENT, or wish to contact licensor for any
reason, please write to licensor at the
following address: Citrix Systems, Inc.,
Customer Service, 851 West Cypress Creek Road,
Ft. Lauderdale, Florida 33309; or Citrix
Systems International GmbH, Rheinweg 9, CH-8200
Schaffhausen, Switzerland.
Should you have any questions concerning this
AGREEMENT, or if you desire to contact Citrix
Systems, Inc. for any reason, please write:
Citrix Systems, Inc., Customer Service, 6400
NW 6th Way, Fort Lauderdale, FL 33309. Citrix
is a registered trademark of Citrix Systems,
Inc. UNIX is a registered trademark of The
Open Group.
##############################################
MACROMEDIA FLASH PLAYER
Macromedia Flash Player 7, Macromedia Flash
Player 6, Macromedia Shockwave Player, and
Macromedia Authorware End User License Agreement
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
(a). "Macromedia" means Macromedia, Inc. and
its licensors, if any.
(b) "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
(a) 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.
(b) 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.
(c) Your license rights under this EULA are
non-exclusive.
(d) 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
(a) You may not make or distribute copies of
the Software, or electronically transfer the
Software from one computer to another or over a
network.
(b) 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.
(c) You may not sell, rent, lease, or
sublicense the Software.
(d) You may not modify the Software or create
derivative works based upon the Software.
(e) You may not export the Software into any
country prohibited by the United States Export
Administration Act and the regulations
thereunder.
(f) 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).
(g) 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
(a) 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.
(b) 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.
(c) 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.
(d) 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.
(e) (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.
(f) 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
(a) 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.
(b) 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.
(c) (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.
(d) 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.
##############################################
REALPLAYER 10
Helix DNA Technology Binary Research Use License
REDISTRIBUTION NOT PERMITTED
This Helix DNA Technology Binary Research Use
License ("License") is a legal agreement
between You and RealNetworks, Inc. and its
suppliers and licensors (collectively,
"RealNetworks") for the binary versions of the
Helix DNA Compiled Binaries distributed under
this License ("Software"), which are made
available from the "Helix DNA Compiled
Binaries" section of the www.helixcommunity.org
<http://www.helixcommunity.org/> Web site.
"You" means an individual, or a legal entity
acting by and through an individual or
individuals, exercising rights either under
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includes any entity that by majority voting
interest controls, is controlled by, or is
under common control with You. The terms and
conditions for this License are as follows:
By clicking on or accepting the "ACCEPT" option
below, or by installing, copying or otherwise
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AGREEMENT, CLICK THE "ACCEPT" BUTTON AND/OR DO
NOT INSTALL THE SOFTWARE.
YOU AGREE THAT YOUR USE OF THE SOFTWARE
ACKNOWLEDGES THAT YOU HAVE READ THIS LICENSE,
UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS
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1. GRANT OF LICENSE FOR INTERNAL RESEARCH AND
DEVELOPMENT WORK. Subject to the restrictions
set forth herein, RealNetworks hereby grants to
You a non-exclusive, non-sublicensable,
personal license to use the Software in object
code and any accompanying documentation
("Documentation") solely for Your internal,
non-commercial evaluation and research use,
provided that You may only install and use a
reasonable number of copies of the Software on
computers owned or controlled by You and
located on Your premises. As part of such use
You may combine the Software with other Helix
software properly licensed to You under the
terms of the RealNetworks Community Source
License Agreement or the RealNetworks Public
Source License Agreement, but You may not
otherwise create derivative works of the
Software or Documentation.
2. LICENSE RESTRICTIONS.
a) You may not: (i) permit other individuals to
use the Software except under the terms listed
above; (ii) modify, translate, reverse
engineer, decompile, disassemble or use any
other method (including "clean room"
development) to learn the source code of the
Software (except to the extent that this
restriction is expressly prohibited by law);
(iii) rent, lease, transfer, or otherwise
transfer rights to the Software or
Documentation; (iv) remove any proprietary
notices or labels on the Software or
Documentation; (v) use the Software to encode,
reproduce or copy any material or intellectual
property You do not have the right to encode,
reproduce, or copy; (vi) use the Software to
develop any application that has the capability
of transcoding or converting RealAudio or
RealVideo Files into any other file format
("Transcode" means to alter the current
encoding or form of media files that was
decoded from its original form, including by
way of example but not limited to by way of
example but not limited to: decompression of an
audio or video stream and recompression using a
different compression algorithm); or (vii) make
available to any third party the results of any
evaluation or testing of the Software by You
under this License. Any such forbidden use
shall immediately terminate Your license to the
Software.
b) You agree that You shall only use the
Software and Documentation in a manner that
complies with all applicable laws in the
jurisdictions in which You use the Software and
Documentation, including, but not limited to,
applicable restrictions concerning copyright
and other intellectual property rights.
c) You may not use the Software in an attempt
to, or in conjunction with, any device, program
or service designed to circumvent technological
measures employed to control access to, or the
rights in, a digital media content file or
other work protected by the copyright laws of
any jurisdiction.
d) Certain components of the Software may a
serial copying management system required by
the laws of the United States. You may not
circumvent or attempt to circumvent this system
by any means.
3. COPIES OF SOFTWARE AND ENHANCEMENTS. This
license does not grant You any right to any
enhancement or update.
4. TITLE. Title, ownership, rights, and
intellectual property rights in and to the
Software and Documentation shall remain in
RealNetworks. The Software is protected by the
copyright laws of the United States and
international copyright treaties. Title,
ownership rights and intellectual property
rights in and to the content accessed through
the Software including the content contained in
the Software media demonstration files shall be
retained by the applicable content owner and
may be protected by applicable copyright or
other law. This license gives You no rights to
such content.
5. DISCLAIMER OF WARRANTY & LIMIT OF LIABILITY.
THE SOFTWARE AND DOCUMENTATION ARE PROVIDED "AS
IS" WITHOUT WARRANTY OF ANY KIND. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
REALNETWORKS FURTHER DISCLAIMS ALL WARRANTIES,
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PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE
ENTIRE RISK ARISING OUT OF THE USE OR
PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION
REMAINS WITH YOU. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
REALNETWORKS OR ITS SUPPLIERS BE LIABLE FOR ANY
CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL,
PUNITIVE, OR OTHER DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR
OTHER PECUNIARY LOSS) ARISING OUT OF THIS
LICENSE OR THE USE OF OR INABILITY TO USE THE
PRODUCT, EVEN IF REALNETWORKS HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
REALNETWORKS' TOTAL LIABLITY FOR ANY DIRECT
DAMAGES SHALL NOT EXCEED FIVE DOLLARS ($5.00).
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.
6. INDEMNIFICATION. This Software is intended
for use only with properly licensed media,
content and content creation tools. It is Your
responsibility to ascertain whether any
copyright, patent or other licenses are
necessary and to obtain any licenses to such
media and content. You agree to use only those
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against any losses, damages, fines and expenses
(including attorneys' fees and costs) arising
out of or relating to any claims that You have
encoded, copied, compressed, enabled the "Allow
Recording" feature, enabled the "Allow
Download" feature, or copied, used, published,
displayed, or transmitted any content or
materials (other than materials provided by
RealNetworks specifically for Your use) in
connection with the Software in violation of
another party's rights If You are importing the
Software from the United States, You shall
indemnify and hold RealNetworks harmless from
and against any import and export duties or
other claims arising from such importation.
7. TERMINATION. This License and Your right to
use this Software automatically terminate if
You fail to comply with any material provision
of this License. RealNetworks may terminate
this License at any time by delivering notice
to You and You may terminate this License at
any time by destroying or erasing Your copy of
the Software. Upon termination of this License,
You agree to destroy or erase the Software.
8. NO ASSIGNMENT. This License is personal to
You, and may not be assigned without
RealNetworks' express written consent.
9. U.S. GOVERNMENT RESTRICTED RIGHTS. U.S.
GOVERNMENT RESTRICTED RIGHTS: This Software and
documentation are provided with RESTRICTED
RIGHTS. Use, duplication or disclosure by the
Government is subject to restrictions set forth
in subparagraphs (a) through (d) of the
Commercial Computer Software--Restricted Rights
at FAR 52.227-19 when applicable, or in
subparagraph (c)(1)(ii) of the Rights in
Technical Data and Computer Software clause at
DFARS 252.227-7013, and in similar clauses in
the NASA FAR supplement, as applicable.
Manufacturer is RealNetworks, Inc./2601
Elliott, Suite 1000/Seattle, Washington 98121.
You are responsible for complying with all
trade regulations and laws both foreign and
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Software or underlying information or
technology may be downloaded or otherwise
exported or re-exported (i) into (or to a
national or resident of) Cuba, Libya, Sudan,
North Korea, Iran, Syria or any other country
subject to a U.S. embargo; or (ii) to anyone
on the U.S. Treasury Department's list of
Specially Designated Nationals or the U.S.
Commerce Department's Denied Parties List or
Entity List. By using the Software You are
agreeing to the foregoing and are representing
and warranting that (i) no U.S. federal agency
has suspended, revoked, or denied You export
privileges, (ii) You are not located in or
under the control of a national or resident of
any such country or on any such list, and (iii)
You will not export or re-export the Software
to any prohibited county, or to any prohibited
person, entity, or end-user as specified by
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10. MISCELLANEOUS. This License Agreement shall
constitute the complete and exclusive agreement
between us. A separate written agreement with
respect to the subject matter hereof shall
supersede this instrument to the extent
indicated in such separate agreement. This
License Agreement may not be modified except in
a writing duly signed by an authorized
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provision of this License Agreement is held to
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to make it enforceable, and such decision shall
not affect the enforceability of such provision
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License Agreement shall be governed by the laws
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the exclusive jurisdiction of the state and
federal courts sitting in the State of
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governed by the United Nations Convention of
Contracts for the International Sale of Goods,
the application of which is hereby expressly
excluded.
Copyright (C)1995-2004 RealNetworks, Inc.
and/or its suppliers. 2601 Elliott Avenue,
Suite 1000, Seattle, Washington 98121 U.S.A.
The Software may incorporate one or more of the
following patents: U.S. Patent #5,917,835;
U.S. Patent # 5,854,858; U.S. Patent #
5,917,954. Other U.S. patents pending. All
rights reserved. RealNetworks, Helix,
RealAudio, and RealVideo are trademarks or
registered trademarks of RealNetworks, Inc.
By Clicking the "ACCEPT" button below you are
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Research Use License
##############################################
Sun Microsystems, Inc.
Binary Code License Agreement for the:
JAVATM 2 RUNTIME ENVIRONMENT (J2RE), STANDARD
EDITION, VERSION 1.4.2_X
SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO
LICENSE THE SOFTWARE IDENTIFIED BELOW TO YOU
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"Programs" mean Java applets and applications
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2. LICENSE TO USE. Subject to the terms and
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7. SOFTWARE UPDATES FROM SUN. You acknowledge
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Either party may terminate this Agreement
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technical data delivered under this Agreement
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SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET
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SUPPLEMENTAL LICENSE TERMS
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For inquiries please contact: Sun Microsystems,
Inc., 4150 Network Circle, Santa Clara,
California 95054, U.S.A.
(LFI#135003/Form ID#011801)
##############################################
AGFA MONOTYPE CORPORATION
END USER LICENSE AGREEMENT
We recommend that you print this End User
Agreement for further reference.
This Agfa Monotype Corporation End User
Agreement (the "Agreement") becomes a binding
contract between you and Agfa Monotype
Corporation (a) when you click on the area
marked "ACCEPT LICENSE AGREEMENT", or, (b) if
you are acquiring Font Software on a floppy
disk, when you open the package in which the
font is contained. If you do not wish to be
bound by the Agreement, you cannot access, use
or download the Font Software. Please read all
of the Agreement before you agree to be bound
by its terms and conditions.
You hereby agree to the following:
1.You are bound by the Agreement and you
acknowledge that all Use (as defined herein) of
the Font Software (as defined herein) supplied
to you by AMT is governed by the Agreement.
2."AMT" as used herein shall mean
collectively Agfa Monotype Corporation, its
successors and assigns, its parent and
affiliated corporations, its authorized
distributors, and any third party which has
licensed to AMT any or all of the components of
the Font Software supplied to you pursuant to
the Agreement.
3."Font Software" as used herein shall mean
software which, when used on an appropriate
device or devices, generates typeface and
typographic designs and ornaments. Font
Software shall include all bitmap
representations of typeface and typographic
designs and ornaments created by or derived
from the Font Software. Font Software includes
upgrades, updates, related files, permitted
modifications, permitted copies, and related
documentation.
4."Basic Licensed Unit" as used herein shall
mean up to five (5) Workstations (as defined
herein) connected to no more than one (1)
printer with a non-volatile memory (for
example, a hard drive), all located at a single
geographic location. If you intend to use the
Font Software on more equipment than permitted
by a Basic Licensed Unit, you must create an
"Expanded Licensed Unit" by obtaining from AMT,
for an additional fee, a site license for all
such equipment. "Licensed Unit" as used herein
shall mean a Basic Licensed Unit or an Expanded
Licensed Unit as is appropriate to the context
in which the term is used. If you have acquired
an entire Font Software Library (that is, a
single license for Font Software for 500 or
more different typeface designs) and you use
such Font Software Library only at a single
geographic location, then "Licensed Unit" shall
mean up to twenty (20) Workstations connected
to no more than two (2) printers with nonvolatile memories at such geographic location.
5."Use" of the Font Software shall occur when
an individual is able to give commands (whether
by keyboard or otherwise) that are followed by
the Font Software, regardless of the location
in which the Font Software resides.
6."Derivative Work" shall mean binary data
based upon or derived from Font Software (or
any portion of Font Software) in any form in
which such binary data may be recast,
transformed, or adapted including, but not
limited to, binary data in any format into
which Font Software may be converted.
7."Personal or Internal Business Use" shall
mean Use of the Font Software for your
customary personal or internal business
purposes and shall not mean any distribution
whatsoever of the Font Software or any
component or Derivative Work thereof. "Personal
or Internal Business Use" shall not include any
Use of the Font Software by persons that are
not members of your immediate household, your
authorized employees, or your authorized
agents. All such household members, employees
and agents shall be notified by you as to the
terms and conditions of the Agreement and shall
agree to be bound by it before they can have
Use of the Font Software.
8."Workstation" as used herein shall mean a
component in which an individual is able to
give commands (whether by keyboard or
otherwise) that are followed by the Font
Software, regardless of the location in which
the Font Software resides.
9."Commercial Product" as used herein shall
mean an electronic document or data file
created by Use of the Font Software which is
offered for distribution to the general public
(or to some subset of the general public) as a
commercial product in exchange for a separate
fee or other consideration. By way of
illustration and not by way of limitation, an
electronic book or magazine distributed for a
fee shall be considered a Commercial Product; a
document distributed in connection with a
commercial transaction in which the
consideration is unrelated to such document
(for example, a business letter, a ticket for
an event, or a receipt for purchase of tangible
goods such as clothing) shall not be considered
a Commercial Product.
10.You are hereby granted a non-exclusive,
non-assignable, non-transferable (except as
expressly permitted herein) license to access
the Font Software (i) only in a Licensed Unit,
(ii) only for your Personal or Internal
Business Use, and (iii) only subject to all of
the terms and conditions of the Agreement. You
have no rights to the Font Software other than
as expressly set forth in the Agreement. You
agree that AMT owns all right, title and
interest in and to the Font Software, its
structure, organization, code, and related
files, including all property rights therein
such as copyright, design and trademarks
rights. You agree that the Font Software, its
structure, organization, code, and related
files are valuable property of AMT and that any
intentional Use of the Font Software not
expressly permitted by the Agreement
constitutes a theft of valuable property. All
rights not expressly granted in the Agreement
are expressly reserved to AMT. You may not use
the Font Software to electronically distribute
a Commercial Document without a separate
license from AMT authorizing you to do so.
11.You may install and Use the Font Software
on a single file server for Use on a single
local area network ("LAN") only when the Use of
such Font Software is limited to the
Workstations and printers that are part of the
Licensed Unit of which the server is a part.
For the purpose of determining the proper
number of Workstations for which a license is
needed, the following example is supplied for
illustration purposes only: If there are 100
Workstations connected to the server, with no
more than 15 Workstations ever using the Font
Software concurrently, but the Font Software
will be used on 25 different Workstations at
various points in time, a site license must be
obtained creating a Licensed Unit for 25
Workstations. The Font Software may not be
installed or Used on a server that can be
accessed via the Internet or other external
network system (a system other than a LAN) by
Workstations which are not part of a Licensed
Unit.
12.You may electronically distribute Font
Software embedded in a "Personal or Internal
Business Use" document (that is, a document
other than a "Commercial Product" as defined
herein) only when the Font Software embedded in
such document (i) is in a static graphic image
(for example, a "gif") or an embedded
electronic document, and (ii) is distributed in
a secure format that permits only the viewing
and printing (and not the editing, altering,
enhancing, or modifying) of such static graphic
image or embedded document. You may not embed
Font Software in a Commercial Product without a
separate written license from AMT, and you may
not embed Font Software in an electronic
document or data file for any reason other than
your own Personal or Internal Business Use.
13.You may not alter Font Software for the
purpose of adding any functionality which such
Font Software did not have when delivered to
you by AMT. If the Font Software contains
embedding bits that limit the capabilities of
the Font Software, you may not change or alter
the embedding bits. Font Software may not be
used to create or distribute any electronic
document in which the Font Software, or any
part thereof, is embedded in a format that
permits editing, alterations, enhancements, or
modifications by the recipient of such
document. If you have reason to believe that a
recipient of an electronic document possesses
the capability to edit, alter, enhance, or
modify such electronic document even though you
have distributed it in a format which does not
permit such editing, alteration, enhancement,
or modification, you shall not transmit such
document to such person.
14.You may take a digitized copy of the Font
Software used for a particular document, or
Font Software embedded in an electronic
document, to a commercial printer or service
bureau for use by the printer or service in
printing such document but only if the printer
or service bureau represents to you that it has
purchased or been granted a license to use that
particular Font Software.
15.You acknowledge that the Font Software is
protected by the copyright and other
intellectual property law of the United States
and its various States, by the copyright and
design laws of other nations, and by
international treaties. You agree to treat the
Font Software as you would any other
copyrighted material, such as a book. You may
not copy the Font Software, except as expressly
provided herein. Any copies that you are
expressly permitted to make pursuant to the
Agreement must contain the same copyright,
trademark, and other proprietary notices that
appear on or in the Font Software. You agree
not to adapt, modify, alter, translate,
convert, or otherwise change the Font Software,
or to create Derivative Works from Font
Software or any portion thereof. You further
agree not to use Font Software in connection
with software and/or hardware which create
Derivative Works of such Font Software. You
agree not to reverse engineer, decompile,
disassemble, or otherwise attempt to discover
the source code of the Font Software, provided,
however, that if you are located in a European
Community member country or any other country
which provides rights materially similar to the
rights set forth in this proviso, you may
reverse engineer or decompile the Font Software
only to the extent that sufficient information
is not available for the purpose of creating an
interoperable software program (but only for
such purpose and only to the extent that
sufficient information is not provided by AMT
upon written request). You agree to use
trademarks associated with the Font Software
according to accepted trademark practice,
including identification of the trademark
owner’s name. Trademarks can only be used to
identify printed output produced by the Font
Software. The use of any trademark as herein
authorized does not give you any rights of
ownership in that trademark and all use of any
trademark shall inure to the sole benefit of
AMT. You may not change any trademark or trade
name designation for the Font Software.
16. You may not rent, lease, sublicense,
give, lend, or further distribute the Font
Software, or any copy thereof, except as
expressly provided herein. You may transfer all
your rights to use the Font Software to another
person or legal entity provided that (i) the
transferee accepts and agrees to be bound by
all the terms and conditions of the Agreement,
and (ii) you destroy all copies of the Font
Software, including all copies stored in the
memory of a hardware device. If you are a
business or organization, you agree that upon
request from AMT or AMT's authorized
representative, you will with thirty (30) days
fully document and certify that use of any and
all AMT Font Software at the time of the
request is in conformity with your valid
licences from AMT.
17.You may make one back-up copy of Font
Software for archival purposes only, and you
shall retain exclusive custody and control over
such copy. Upon termination of the Agreement,
you must destroy the original and any and all
copies of the Font Software.
18.AMT warrants to you that the Font Software
will perform substantially in accordance with
its documentation for the ninety (90) day
period following delivery of the Font Software.
To make a warranty claim, you must, within the
ninety (90) day warranty period, return the
Font Software to the location from which you
obtained it along with a copy of your receipt
or, if such Font Software is acquired on-line,
contact the on-line provider with sufficient
information regarding your acquisition of the
Font Software so as to enable AMT to verify the
existence and date of the transaction. If the
Font Software does not perform substantially in
accordance with its documentation, the entire,
exclusive, and cumulative liability and remedy
shall be limited to the refund of the license
fee you paid to AMT to obtain delivery of the
Font Software. AMT DOES NOT WARRANT THE
PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING
THE FONT SOFTWARE. THE FOREGOING STATES THE
SOLE AND EXCLUSIVE REMEDIES FOR AMT’S BREACH OF
WARRANTY. EXCEPT FOR THE FOREGOING LIMITED
WARRANTY, AMT MAKES NO REPRESENTATIONS OR
WARRANTIES, EXPRESS OR IMPLIED, AS TO NONNFRINGEMENT OF THIRD PARTY RIGHTS,
MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR
PURPOSE. IN NO EVENT WILL AMT BE LIABLE TO YOU
OR ANYONE ELSE (I) FOR ANY CONSEQUENTIAL,
INCIDENTAL OR SPECIAL DAMAGES, INCLUDING
WITHOUT LIMITATION ANY LOST PROFITS, LOST DATA,
LOST BUSINESS OPPORTUNITIES, OR LOST SAVINGS,
EVEN IF AMT HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, OR (II) FOR ANY CLAIM AGAINST
YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES
EVEN IF AMT HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
Some states or jurisdictions do not allow the
exclusions of limitations of incidental,
consequential or special damages, so the above
exclusion may not apply to you. Also, some
states or jurisdictions do not allow the
exclusions of implied warranties or limitations
on how long an implied warranty may last, so
the above limitations may not apply to you. To
the greatest extent permitted by law, any
implied warranties not effectively excluded by
the Agreement are limited to ninety (90) days.
Some jurisdictions do not permit a limitation
of implied warranties where the product results
in physical injury or death so that such
limitations may not apply to you. In those
jurisdictions, you agree that AMT’s liability
for such physical injury or death shall not
exceed One Hundred Thousand Dollars (U.S.
$100,000), provided that such jurisdictions
permit a limitation of such liability. This
warranty gives you specific legal rights. You
may have other rights that vary from state to
state or jurisdiction to jurisdiction. The Font
Software is non-returnable and nonrefundable.
19. The Agreement will be governed by the
laws of Illinois applicable to contracts wholly
entered and performable within such state. All
disputes related to the Agreement shall be
heard in the Circuit Court of Cook County,
Illinois, U.S.A. or the United States District
Court for the Northern District of Illinois,
Chicago, Illinois U.S.A. Both you and AMT agree
to the personal jurisdiction and venue of these
courts in any action related to the Agreement.
The Agreement will not be governed by the
United Nations Convention of Contracts for the
International Sale of Goods, the application of
which is expressly excluded. If any part of
this Agreement is found void and unenforceable,
it will not affect the validity of the balance
of the Agreement, which shall remain valid and
enforceable according to its terms.
20.The Agreement shall automatically
terminate upon failure by you (or any
authorized person or member of your immediate
household to whom you have given permission to
Use the Font Software) to comply with its
terms. The termination of the Agreement shall
not preclude AMT from suing you for damages of
any breach of the Agreement. The Agreement may
only be modified in writing signed by an
authorized officer of AMT. You agree that the
Font Software will not be shipped, transferred
or exported into any country or used in any
manner prohibited by the United States Export
Administration or any applicable export laws,
restrictions or regulations.
21.You have the rights expressly set forth in
the Agreement and no other. All rights in and
to the Font Software, including unpublished
rights, are reserved under the copyright laws
of the United States and other jurisdictions.
All rights reserved. Notwithstanding the
foregoing, to the extent that any law, statute,
treaty, or governmental regulation shall be
deemed by a court of competent jurisdiction to
provide you with any additional or different
rights from those provided herein and such
rights shall be deemed non-waiveable as a
matter of law and to supersede the rights
specifically provided herein, then such law,
statute, treaty, or governmental regulation
shall be deemed to be made a part of the
Agreement. To the extent that any such rights
created by any law, statute, treaty or
governmental regulation are waiveable, you
agree that your acceptance of the Agreement
shall constitute an effective and irrevocable
waiver of such rights. The Agreement may be
enforced by AMT or by an authorized dealer
acting on behalf of AMT.
22.If this product is acquired under the
terms of a (i) GSA contract - use, reproduction
or disclosure is subject to the restrictions
set forth in the applicable ADP Schedule
contract, (ii) DOD contract - use, duplication
or disclosure by the Government is subject to
the applicable restrictions set forth in DFARS
252.277-7013; (iii) Civilian agency contract use, reproduction, or disclosure is subject to
FAR 52.277-19(a) through (d) and restrictions
set forth in the Agreement.
"Monotype" is a trademark of Agfa Monotype
Limited registered in the U.S. Patent and
Trademark Office and elsewhere. All other
trademarks are the property of their respective
owners.
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