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MICROSOFT SOFTWARE SUPPLEMENTAL LICENSE TERMS FRAMEWORK 2.0
Microsoft Corporation or according to where you live, among its affiliates licenses this supplement to your account. If you might be licensed to make use of Microsoft Windows os software the application, feel free to use this supplement. You may not make use of it if you do not use a license for the software program. You may use a duplicate of this supplement with each validly licensed copy from the software.
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1. SUPPORT SERVICES FOR SUPPLEMENT. Microsoft provides support services because of this supplement as described at
2. FRAMEWORK BENCHMARK TESTING. This supplement includes Framework component with the Windows systems Component. You may conduct internal benchmark testing of Component. You may disclose the outcome of any benchmark test of Component, providing you comply together with the following terms: 1 you need to disclose all the details necessary for replication in the tests, including complete and accurate specifics of your benchmark testing methodology, examination scripts/cases, tuning parameters applied, hardware and software platforms tested, the name and version quantity of any alternative testing tool familiar with conduct the testing, and finish source code to the benchmark suite/harness that is certainly developed by or you and familiar with test both Component plus the competing implementations; 2 you should disclose the date s that you just conducted the benchmark tests, in conjunction with specific version information for many Microsoft software products tested, including Component; 3 your benchmark testing was performed using all performance tuning and finest practice guidance set forth within the product documentation and/or on Microsofts support sites, and uses the most recent updates, patches and fixes intended for Component plus the relevant Microsoft computer; 4 it will be sufficient if one makes the disclosures shipped to above for a publicly available location like a website, providing that every public disclosure on the results within your benchmark test expressly identifies everyone site containing all required disclosures; and 5 nothing in this particular provision should be deemed to waive another right that you just may have to conduct benchmark testing. The foregoing obligations shall not apply for your disclosure with the results of the customized benchmark test of Component, whereby such disclosure is done under confidentiality along with a bid request with a prospective customer, such customers applications are particularly tested as well as the results are only disclosed to such specific customer. Notwithstanding every other agreement possibly you have with Microsoft, in the event you disclose such benchmark test results, Microsoft shall contain the right to disclose the outcome of benchmark tests it conducts of one's products that take on Component, provided it complies while using same conditions above.
SUN MICROSYSTEMS, INC. SUN IS WILLING TO LICENSE THE SOFTWARE IDENTIFIED BELOW TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS BINARY CODE LICENSE AGREEMENT AND SUPPLEMENTAL LICENSE TERMS COLLECTIVELY AGREEMENT. PLEASE READ THE AGREEMENT CAREFULLY. BY USING THE SOFTWARE YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS AND AGREE TO THEM. IF YOU ARE AGREEING TO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THE LEGAL ENTITY TO THESE TERMS. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT WISH TO BE BOUND BY THE TERMS, THEN YOU MUST NOT USE THE SOFTWARE ON THIS SITE OR ANY OTHER MEDIA ON WHICH THE SOFTWARE IS CONTAINED.
1. DEFINITIONS. Software means the identified above in binary form, another machine readable materials including, however, not limited to, libraries, source files, header files, and data, any updates or error corrections furnished by Sun, as well as any user manuals, programming guides along with documentation provided to your account by Sun under this Agreement. General Purpose Desktop Computers and Servers means computers, including desktop and laptops, or servers, used in general computing functions under person control for instance but not specifically on a email, general purpose Internet browsing, and office suite productivity tools. The usage of Software in systems and solutions which provide dedicated functionality apart from as mentioned above or created for use in embedded or function-specific computer programs, for example although not limited to: Software baked into or bundled with industrial control systems, wireless mobile telephones, wireless handheld devices, netbooks, kiosks, TV/STB, Blu-ray Disc devices, telematics and network control switching equipment, printers and storage management systems, and other connected systems are excluded with this definition instead of licensed under this Agreement. Programs means a Java technology applets and applications created to run about the Java Platform Standard Edition Java SE platform on Java-enabled General Purpose Desktop Computers and Servers, and b JavaFX technology applications created to run for the JavaFX Runtime on JavaFX-enabled General Purpose Desktop Computers and Servers.
2. LICENSE TO USE. Subject to your terms and conditions with this Agreement, including, however, not limited for the Java Technology Restrictions from the Supplemental License Terms, Sun grants that you simply non-exclusive, non-transferable, limited license without license fees to reproduce and make use of internally Software complete and unmodified for that sole reason for running Programs. Additional licenses for developers and/or publishers are granted inside Supplemental License Terms.
3. RESTRICTIONS. Software is confidential and copyrighted. Title to Software and all sorts of associated intellectual property rights is retained by Sun and/or its licensors. Unless enforcement is prohibited by applicable law, you might not modify, decompile, or reverse engineer Software. You acknowledge that Licensed Software is not designed or meant for use inside the design, construction, operation or maintenance of the nuclear facility. Sun Microsystems, Inc. disclaims any express or implied warranty of fitness for such uses. No right, title or fascination with or to your trademark, service mark, logo or trade name of Sun or its licensors is granted under this Agreement. Additional restrictions for developers and/or publishers licenses are set forth from the Supplemental License Terms.
4. LIMITED WARRANTY. Sun warrants to you personally that for just a period of ninety three months from the date of purchase, as evidenced with a copy on the receipt, the media which Software is furnished if any will likely be free of defects in materials and workmanship under normal use. Except to the foregoing, Software is provided AS IS. Your exclusive remedy and Suns entire liability under this limited warranty is going to be at Suns replacement for replace Software media or refund the fee bought Software. Any implied warranties within the Software are limited by 90 days. Some states do not let limitations on use of an implied warranty, therefore, the above would possibly not apply for your requirements. This limited warranty will give you specific protection under the law. You may have others, which differ from state to state.
5. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
6. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Suns liability to you personally, whether in contract, tort including negligence, you aren't, exceed the total amount paid by you for Software under this Agreement. The foregoing limitations will apply get the job done above stated warranty fails of the company's essential purpose. Some states do not let the exclusion of incidental or consequential damages, so some on the terms above might not be applicable to your account.
7. TERMINATION. This Agreement works well until terminated. You may terminate this Agreement without notice by destroying all copies of Software. This Agreement will terminate immediately without warning from Sun should you fail to stick to any provision of the Agreement. Either party may terminate this Agreement immediately should any Software become, or perhaps either partys opinion be very likely to become, the main topic of a claim of infringement associated with a intellectual property right. Upon Termination, you will need to destroy all copies of Software.
8. EXPORT REGULATIONS. All Software and technical data delivered under this Agreement are be subject to US export control laws and may even be governed by export or import regulations far away. You accept comply strictly with all of such guidelines and acknowledge that you've got the responsibility to acquire such licenses to export, re-export, or import as are usually necessary after delivery to your account.
9. TRADEMARKS AND LOGOS. You acknowledge and agree as between you together with Sun that Sun owns the SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET trademarks and all sorts of SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET-related trademarks, service marks, logos and also other brand designations Sun Marks, and you say yes to comply with all the Sun Trademark and Logo Usage Requirements currently located at /policies/trademarks. Any use you make on the Sun Marks inures to Suns benefit.
10. GOVERNMENT RESTRICTED RIGHTS. If Software is being acquired by or on behalf with the Government or by way of a Government prime contractor or subcontractor at any tier, then your Governments rights in Software and accompanying documentation will likely be only as set forth on this Agreement; this really is in accordance with 48 CFR 227.7201 through 227.7202-4 for Department of Defense DOD acquisitions along with 48 CFR 2.101 and 12.212 for non-DOD acquisitions.
11. GOVERNING LAW. Any action linked to this Agreement are going to be governed by California law and controlling federal law. No range of law rules of the jurisdiction will apply.
12. SEVERABILITY. If any provision on this Agreement is held to become unenforceable, this Agreement will stay in effect with all the provision omitted, unless omission would frustrate the intent with the parties, in that case this Agreement will immediately terminate.
13. INTEGRATION. This Agreement would be the entire agreement between you and also Sun pertaining to its subject theme. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of the quote, order, acknowledgment, or another communication involving the parties in relation to its subject matter over the term on this Agreement. No modification with this Agreement are going to be binding, unless in making and signed by a licensed representative of each party.
These Supplemental License Terms increase or replace the terms on the Binary Code License Agreement. Capitalized terms not defined over these Supplemental Terms shall possess the same meanings ascribed to them within the Binary Code License Agreement. These Supplemental Terms shall supersede any inconsistent or conflicting terms inside the Binary Code License Agreement, or perhaps in any license contained inside the Software.
A. Software Internal Use and Development License Grant. Subject for the terms and conditions of the Agreement and restrictions and exceptions set forth inside the Software README file incorporated herein by reference, including, yet not limited on the Java Technology Restrictions of such Supplemental Terms, Sun grants that you non-exclusive, non-transferable, limited license without fees to reproduce internally and make use of internally the Software complete and unmodified to the purpose of designing, developing, and testing your Programs.
B. License to Distribute Software. Subject towards the terms and conditions with this Agreement and restrictions and exceptions set forth inside Software README file, including, and not limited on the Java Technology Restrictions of those Supplemental Terms, Sun grants that you non-exclusive, non-transferable, limited license without fees to reproduce and distribute the Software except with the JavaFX Runtime, providing i you distribute the Software complete and unmodified and simply bundled within, and to the sole aim of running, your Programs, ii the Programs add significant and primary functionality for the Software, iii you don't distribute additional software that will replace any components with the Software, iv you cannot remove or alter any proprietary legends or notices contained inside the Software, v you should only distribute the Software subject to some license agreement that protects Suns interests consistent with all the terms contained on this Agreement, and vi you say yes to defend and indemnify Sun and it is licensors from and against any damages, costs, liabilities, settlement amounts and/or expenses including attorneys fees incurred associated with any claim, lawsuit or action by any vacation that arises or results in the use or distribution of the and all Programs and/or Software.
C. Java Technology Restrictions. You would possibly not create, modify, or modify the behavior of, or authorize your licensees to produce, modify, or alter the behavior of, classes, interfaces, or subpackages that happen to be in any way labeled as java, javax, sun or similar convention as specified by Sun in almost any naming convention designation.
D. Source Code. Software might have source code that, unless expressly licensed for other purposes, is provided solely for reference purposes pursuant for the terms with this Agreement. Source code would possibly not be redistributed unless expressly ship to in this Agreement.
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F. Termination for Infringement. Either party may terminate this Agreement immediately should any Software become, or even in either partys opinion be more likely to become, the topic of a claim of infringement from a intellectual property right.
G. Installation and Auto-Update. The Softwares installation and auto-update processes transmit a finite amount of data to Sun or its supplier about those specific approaches to help Sun understand and optimize them. Sun isn't going to associate the details with your private data. You can find more details about the info Sun collects at /data/.
For inquiries please contact: Sun Microsystems, Inc., 4150 Network Circle, Santa Clara, California 95054,
Karlsruhe, Germany and WIBU-SYSTEMS USA Inc., Seattle, USA Software License Agreement, Single Use License CodeMeter Software
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT LICENSE BEFORE USING THE SOFTWARE. BY 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 TO BE BOUND BY THE TERMS OF THIS LICENSE BY CLICKING THE AGREE/ACCEPT BUTTON. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, RETURN THE WIBU-SYSTEMS SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT FOR A REFUND OR, IF THE SOFTWARE WAS ACCESSED ELECTRONICALLY, CLICK DISAGREE/DECLINE.
IMPORTANT NOTE: To the extent quite sure may be employed to reproduce materials, it's licensed to your account only for reproduction of materials you might be authorized or legally allowed to reproduce.
1. General. The software, documentation and then fonts accompanying this License whether on disk, in read only memory, on another media or in another form collectively the WIBU-SYSTEMS Software are licensed, not sold, to your account by WIBU-SYSTEMS Computer, Inc. WIBU-SYSTEMS in order to use only beneath the terms on this License, and WIBU-SYSTEMS reserves all rights not expressly granted to your account. The rights granted herein are restricted to WIBU-SYSTEMSs and it is licensors intellectual property rights within the WIBU-SYSTEMS Software and don't include another patents or intellectual property rights. You own the media what is the best the WIBU-SYSTEMS Software is recorded but WIBU-SYSTEMS and/or WIBU-SYSTEMSs licensors retain ownership on the WIBU-SYSTEMS Software itself. The rights granted underneath the terms of the License include any software upgrades that replace and/or supplement the first WIBU-SYSTEMS Software product, unless such upgrade boasts a separate license.
2. Permitted License Uses and Restrictions. This License allows that you install and make use of one copy in the WIBU-SYSTEMS Software on multiple computers for a time, if your WIBU-SYSTEMS Software is always utilized on a CodeMeter-Stick connected on the PC. This License does permit the WIBU-SYSTEMS Software to exist on multiple computer for a time, so you may result in the WIBU-SYSTEMS Software available more than a network where it can be used by multiple computers while doing so under these circumstances. You may make one copy in the WIBU-SYSTEMS Software in machine-readable form for backup purposes only; so long as the backup copy must include all copyright and other proprietary notices contained about the original. Except as and only for the extent expressly permitted with this License or by applicable law, you will possibly not copy, decompile, reverse engineer, disassemble, modify, or create derivative works on the WIBU-SYSTEMS Software or any kind thereof. THE WIBU-SYSTEMS SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE WIBU-SYSTEMS SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
3. Transfer. You would possibly not rent, lease, lend or sublicense the WIBU-SYSTEMS Software. You may, however, generate a one-time permanent transfer of all within your license rights to your WIBU-SYSTEMS Software to a new party, provided: a the transfer must include all in the WIBU-SYSTEMS Software, including it's component parts, original media, printed materials this also License; b you don't retain any copies in the WIBU-SYSTEMS Software, full or partial, including copies stored on the computer or another storage device; and c the party receiving the WIBU-SYSTEMS Software reads and agrees to take the terms and conditions of the License. NFR Not for Resale Copies: Notwithstanding other sections in this License, WIBU-SYSTEMS Software labeled or otherwise presented to you on the promotional basis may be employed for demonstration, testing and evaluation purposes and might not exactly be resold or transferred.
4. Termination. This License is most effective until terminated. Your rights under this License will terminate automatically with no warning from WIBU-SYSTEMS when you fail to stick to any terms with this License. Upon the termination in this License, you shall cease all use with the WIBU-SYSTEMS Software and destroy all copies, full or partial, in the WIBU-SYSTEMS Software.
5. Limited Warranty on Media. WIBU-SYSTEMS warrants the media which the WIBU-SYSTEMS Software is recorded and delivered by WIBU-SYSTEMS to become free from defects in materials and workmanship under normal use for the period of ninety three months from the date of original retail purchase. Your exclusive remedy under this Section will probably be, at WIBU-SYSTEMSs option, a refund from the purchase price in the product containing the WIBU-SYSTEMS Software or replacement from the WIBU-SYSTEMS Software and that is returned to WIBU-SYSTEMS or perhaps WIBU-SYSTEMS authorized representative having a copy with the receipt. THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON THE MEDIA INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, AND OF FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY 90 DAYS FROM THE DATE OF ORIGINAL RETAIL PURCHASE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY SET FORTH HEREIN IS THE ONLY WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER WARRANTIES IF ANY CREATED BY ANY DOCUMENTATION OR PACKAGING. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.
6. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE WIBU-SYSTEMS SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON MEDIA SET FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WIBU-SYSTEMS SOFTWARE IS PROVIDED AS IS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WIBU-SYSTEMS AND WIBU-SYSTEMSS LICENSORS COLLECTIVELY REFERRED TO AS WIBU-SYSTEMS FOR THE PURPOSES OF SECTIONS 6 AND 7 HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE WIBU-SYSTEMS SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WIBU-SYSTEMS DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE WIBU-SYSTEMS SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE WIBU-SYSTEMS SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE WIBU-SYSTEMS SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE WIBU-SYSTEMS SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY WIBU-SYSTEMS OR AN WIBU-SYSTEMS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE WIBU-SYSTEMS SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
7. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WIBU-SYSTEMS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE WIBU-SYSTEMS SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY CONTRACT, TORT OR OTHERWISE AND EVEN IF WIBU-SYSTEMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall WIBU-SYSTEMSs total liability to your account for all damages aside from as are usually necessary by applicable law within the involving accidental injuries exceed the total amount of fifty bucks 50.00. The foregoing limitations will apply get the job done above stated remedy fails of the company's essential purpose.
8. Export Law Assurances. You might not use you aren't export or reexport the WIBU-SYSTEMS Software except as authorized by United States law plus the laws in the jurisdiction the location where the WIBU-SYSTEMS Software was obtained. In particular, but without limitation, the WIBU-SYSTEMS Software would possibly not be exported or re-exported a into or with a national or resident associated with a embargoed countries currently Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria or b to anyone around the Treasury Departments number of Specially Designated Nationals or Department of Commerce Denied Persons List or Entity List. By while using WIBU-SYSTEMS Software, you represent and warrant you are not positioned in, at bay of, or perhaps a national or resident of the such country or on such list.
9. Government End Users. The WIBU-SYSTEMS Software and related documentation are Commercial Items, as that term is scheduled at 48 б2.101, including things like Commercial Computer Software and Commercial Computer Software Documentation, consequently terms are employed in 48 б12.212 or 48 б227.7202, as applicable. Consistent with 48 б12.212 or 48 б227.7202-1through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are now being licensed to Government customers a only as Commercial Items and b with the few rights as well as granted to all or any other customers pursuant towards the terms and conditions herein. Unpublished-rights reserved in the copyright laws from the United States and Germany.
10. Controlling Law and Severability. This License will probably be governed by and construed in accordance together with the laws of Germany Bundesrepublik Deutschland. This License shall 't be governed through the United Nations Convention on Contracts to the International Sale of Goods, the application of and that is expressly excluded. If for any excuse a court of competent jurisdiction finds any provision, or portion thereof, to get unenforceable, the remainder with this License shall continue entirely force and effect.
11. Complete Agreement; Governing Language. This License constitutes the whole agreement between parties with respect to your use in the WIBU-SYSTEMS Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject material. No amendment to or modification of the License is going to be binding unless in some recoverable format and signed by WIBU-SYSTEMS. Any translation on this License is conducted for local requirements and within the event of any dispute between German and then non-German versions, the German version on this License shall govern.
Karlsruhe, November 2003
IMPORTANT NOTICE TO QUICKTIME PRO USERS: INSTALLATION OF QUICKTIME 7 WILL DISABLE THE QUICKTIME PRO FUNCTIONALITY IN PRIOR VERSIONS OF QUICKTIME. IF YOU PROCEED WITH THIS INSTALLATION, YOU MUST PURCHASE A NEW QUICKTIME 7 PRO KEY TO REGAIN QUICKTIME PRO FUNCTIONALITY. AFTER INSTALLATION, VISIT /quicktime TO PURCHASE A QUICKTIME 7 PRO KEY.
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT LICENSE CAREFULLY BEFORE USING THE APPLE SOFTWARE. BY USING THE APPLE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THE LICENSE, YOU MAY RETURN THE APPLE SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT FOR A REFUND. IF THE APPLE SOFTWARE WAS ACCESSED ELECTRONICALLY, CLICK DISAGREE/DECLINE. FOR APPLE SOFTWARE INCLUDED WITH YOUR PURCHASE OF HARDWARE, YOU MUST RETURN THE ENTIRE HARDWARE/SOFTWARE PACKAGE IN ORDER TO OBTAIN A REFUND.
IMPORTANT NOTE: This software may be utilized to reproduce materials. It is licensed for your requirements only for reproduction of non-copyrighted materials, materials that you own the copyright, or materials you're authorized or legally allowed to reproduce. If you're uncertain about your straight away to copy any material, you ought to contact your legal advisor.
1. General. The software, documentation and then fonts accompanying this License whether on disk, in read only memory, on every other media or in every other form collectively the Apple Software are licensed, not sold, for your requirements by Apple Inc. Apple to use only underneath the terms of the License, and Apple reserves all rights not expressly granted to you personally. The rights granted herein are limited by Apples and its particular licensors intellectual property rights inside the Apple Software and never include another patents or intellectual property rights. You own the media where the Apple Software is recorded but Apple and/or Apples licensors retain ownership in the Apple Software itself. The rights granted within the terms with this License include any software upgrades that replace and/or supplement the initial Apple Software product, unless such upgrade posesses a separate license.
Title and intellectual property rights in and any content displayed by or accessed with the Apple Software belongs towards the respective content owner. Such content could possibly be protected by copyright or some other intellectual property laws and treaties, and may even be at the mercy of terms of use with the third party providing such content. This License doesn't grant you any rights make use of such content.
2. Permitted License Uses and Restrictions. This License allows one to install and utilize one copy from the Apple Software over a single computer with a time. This License doesn't allow the Apple Software to exist on multiple computer for a time, and may very well not make the Apple Software available spanning a network where maybe it's used by multiple computers concurrently. You may make one copy from the Apple Software in machine-readable form for backup purposes only; given that the backup copy must include all copyright and other proprietary notices contained for the original. Except as and only towards the extent expressly permitted within this License or by applicable law, you will possibly not copy, decompile, reverse engineer, disassemble, modify, or create derivative works from the Apple Software or any area thereof. THE APPLE SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE APPLE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
3. Transfer. You would possibly not rent, lease, lend or sublicense the Apple Software. You may, however, produce a one-time permanent transfer of all of your respective license rights towards the Apple Software to a different party, providing: a the transfer must include all with the Apple Software, including its component parts, original media, printed materials and also this License; b you never retain any copies in the Apple Software, full or partial, including copies stored on the computer or another storage device; and c the party receiving the Apple Software reads and agrees to simply accept the terms and conditions with this License.
Updates: If an Apple Software update completely replaces full use a previously licensed version with the Apple Software, you might not use both versions with the Apple Software simultaneously nor may you transfer them separately.
NFR Not for Resale Copies: Notwithstanding other sections on this License, Apple Software labeled or otherwise offered to you over a promotional basis might only be useful for demonstration, testing and evaluation purposes and might not be resold or transferred.
Academic Copies: If the Apple Software package posseses an academic label or when you acquired the Apple Software in an academic discount, you have to be an Eligible Educational End User to utilize the Apple Software. Eligible Educational End Users means students, faculty, staff and administration attending and/or working in an educational institutional facility, college campus, public or private K-12 schools.
4. Consent to Use of Data. You agree that Apple and it is subsidiaries may collect and rehearse technical and related information, including and not limited to technical specifics of your computer, system and software, and peripherals, that's gathered periodically to facilitate the availability of software updates, product support along with other services for you if any related on the Apple Software. Apple could use this information, as long as it's in a form that isn't going to personally identify you, to boost our products as well as to provide services or technologies for your requirements.
5. Termination. This License works well until terminated. Your rights under this License will terminate automatically with no warning from Apple when you fail to stick to any terms on this License. Upon the termination in this License, you shall cease all use in the Apple Software and destroy all copies, full or partial, on the Apple Software.
6. Limited Warranty on Media. Apple warrants the media what is the best the Apple Software is recorded and delivered by Apple to get free from defects in materials and workmanship under normal use for just a period of ninety three months from the date of original retail purchase. Your exclusive remedy under this Section should be, at Apples option, a refund with the purchase price from the product containing the Apple Software or replacement from the Apple Software which can be returned to Apple or perhaps an Apple authorized representative that has a copy on the receipt. THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON THE MEDIA INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, AND OF FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY 90 DAYS FROM THE DATE OF ORIGINAL RETAIL PURCHASE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY SET FORTH HEREIN IS THE ONLY WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER WARRANTIES IF ANY CREATED BY ANY DOCUMENTATION OR PACKAGING. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.
7. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON MEDIA SET FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLE SOFTWARE IS PROVIDED AS IS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLE AND APPLES LICENSORS COLLECTIVELY REFERRED TO AS APPLE FOR THE PURPOSES OF SECTIONS 7 AND 8 HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLE SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. APPLE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE APPLE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE APPLE SOFTWARE WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE, OR THAT DEFECTS IN THE APPLE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APPLE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. QuickTime Player automatically produces serp's that reference sites and data located worldwide over the Internet. Because Apple doesn't have control over such sites and data, Apple will not make any guarantees regarding such sites and knowledge, including: i the truth, currency, content, or quality of the such sites and knowledge, or ii whether an Apple search completed with the QuickTime Player may locate unintended or objectionable content. Because some with the content for the Internet is made of material that may be adult-oriented or else objectionable for some people or viewers in the age of 18, the outcomes of any search or entering of any particular URL while using the QuickTime Player may automatically and unintentionally generate links or references to objectionable material. By while using the QuickTime Player, you acknowledge that Apple can't make representations or warranties with regard for the appropriateness with the content viewed over the QuickTime Player, whether with a pre-installed channel button or as being a result of the search. Apple won't guarantee the sequence, accuracy, completeness or timeliness in the content played from the QuickTime Player. Apple, its officers, affiliates and subsidiaries shall not, directly or indirectly, be liable, the slightest bit, for you or some other person to the content you receive utilizing the QuickTime Player or any inaccuracies, errors in or omissions through the content.
8. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL APPLE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APPLE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY CONTRACT, TORT OR OTHERWISE AND EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Apples total liability to your account for all damages aside from as are usually necessary by applicable law within the involving compensation for injuries exceed the exact amount of fifty bucks 50.00. The foregoing limitations will apply even when the above stated remedy fails of the company's essential purpose.
9. Export Control. You might not use or elsewhere export or reexport the Apple Software except as authorized by United States law plus the laws with the jurisdiction the place that the Apple Software was obtained. In particular, but without limitation, the Apple Software might not be exported or re-exported a into any embargoed countries or b to anyone within the Treasury Departments set of Specially Designated Nationals or even the Department of Commerce Denied Persons List or Entity List. By utilizing the Apple Software, you represent and warrant that you simply are not located in almost any such country or on this kind of list. You also agree which you will not utilize these products for virtually every purposes prohibited by United States law, including, without limitation, the event, design, manufacture or manufacturing of nuclear, missiles, or chemical or biological weapons.
10. Government End Users. The Apple Software and related documentation are Commercial Items, as that term is scheduled at 48 б2.101, composed of Commercial Computer Software and Commercial Computer Software Documentation, consequently terms are utilized in 48 б12.212 or 48 б227.7202, as applicable. Consistent with 48 б12.212 or 48 б227.7202-1through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are increasingly being licensed to Government customers a only as Commercial Items and b with just those rights just like granted to any or all other clients pursuant towards the terms and conditions herein. Unpublished-rights reserved underneath the copyright laws in the United States.
11. Controlling Law and Severability. This License are going to be governed by and construed in accordance together with the laws from the State of California, as placed on agreements applied for and to get performed entirely within California between California residents. This License shall not governed with the United Nations Convention on Contracts to the International Sale of Goods, the application of which can be expressly excluded. If for any excuse a court of competent jurisdiction finds any provision, or portion thereof, to get unenforceable, the remainder of the License shall continue 100 % force and effect.
12. Complete Agreement; Governing Language. This License constitutes the complete agreement involving the parties with respect towards the use in the Apple Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such intended theme. No amendment to or modification with this License is going to be binding unless in making and signed by Apple. Any translation with this License is performed for local requirements and within the event of an dispute relating to the English and then for any non-English versions, the English version with this License shall govern.
13. MPEG-2 Notice. To the extent which the Apple Software contains MPEG-2 functionality, these provision applies: ANY USE OF THIS PRODUCT OTHER THAN CONSUMER PERSONAL USE IN ANY MANNER THAT COMPLIES WITH THE MPEG-2 STANDARD FOR ENCODING VIDEO INFORMATION FOR PACKAGED MEDIA IS EXPRESSLY PROHIBITED WITHOUT A LICENSE UNDER APPLICABLE PATENTS IN THE MPEG-2 PATENT PORTFOLIO, WHICH LICENSE IS AVAILABLE FROM MPEG LA, , 250 STEELE STREET, SUITE 300, DENVER, COLORADO 80206.
14. Use of MPEG-4. This method is licensed underneath the MPEG-4 Systems Patent Portfolio License for encoding in compliance with all the MPEG-4 Systems Standard, other than an additional license and payment of royalties are required for encoding in association with i data stored or replicated in physical media that is paid for with a title by title basis and/or ii data that is paid for on the title by title basis and is also transmitted to an consumer for permanent storage and/or use. Such additional license might be obtained from MPEG LA, LLC. See for extra details.
This technique is licensed beneath the MPEG-4 Visual Patent Portfolio License for that personal and non-commercial by using a consumer for i encoding video in compliance using the MPEG-4 Visual Standard MPEG-4 Video and/or ii decoding MPEG-4 video that had been encoded using a consumer engaged in the personal and non-commercial activity and/or was purchased from a video provider licensed by MPEG LA to offer MPEG-4 video. No license is granted or will likely be implied for some other use.
Additional information including that pertaining to promotional, internal and commercial uses and licensing could be obtained from MPEG LA, LLC. See http: For techniques to frequently asked questions regarding use fees in the MPEG LA Visual Patent Portfolio License see /mpeg4 or
15. H.264/AVC Notice. To the extent which the Apple Software contains AVC encoding and/or decoding functionality, commercial utilization of H.264/AVC requires additional licensing along with the following provision applies: THE AVC FUNCTIONALITY IN THIS PRODUCT IS LICENSED HEREIN ONLY FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO i ENCODE VIDEO IN COMPLIANCE WITH THE AVC STANDARD AVC VIDEO AND/OR ii DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR AVC VIDEO THAT WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. INFORMATION REGARDING OTHER USES AND LICENSES MAY BE OBTAINED FROM MPEG LA SEE
16. AMR Notice. The Adaptive Multi-Rate AMR encoding and decoding functionality in this particular product is not licensed to carry out cellular voice calls, and for use in different telephony products built for the QuickTime architecture with the Windows platform. The AMR encoding and decoding functionality in this particular product is also not licensed for use within a cellular communications infrastructure including: base stations, base station controllers/radio network controllers, switching centers, and gateways to and from the general public switched network.
IMPORTANT-READ CAREFULLY: This End-User License Agreement EULA is often a legal contract between you can an individual or maybe a legal entity and Installation Software Technologies, Inc., an Illinois corporation being profitable as InstallShield Software Corporation InstallShield for your InstallShield software that accompanies this EULA, including any associated media, printed materials and electronic documentation the Software. The Software comes with any updates, add-on components, web services and supplements that InstallShield may inside future provide for you or make available to you personally, on the extent such merchandise is not accompanied with a separate license agreement or relation to its use. The Software is licensed, not sold. InstallShield is able to license the Software to you personally only when you accept the terms and conditions with this EULA. By clicking around the I ACCEPT button, by opening the package made up of the Software, or by copying, downloading, accessing you aren't using the Software, you say yes to be bound from the terms of the EULA. If you don't wish being bound through the terms in this EULA, click on the I DO NOT ACCEPT button, and never install, access or utilize Software. An original purchaser who's got not accepted the terms with this EULA may return the Software on the place of purchase, within 30 days on the date of purchase, for the full refund.
If you've questions with this EULA, or should you wish to contact InstallShield for any excuse, please contact the InstallShield distributor serving you or write to InstallShield at 900 North National Parkway, Suite 125, Schaumburg, IL 60173, USA.
InstallShield may provide you which has a copy in the Software for evaluation purposes only as set forth below. Each copy with the Software provided to you personally by InstallShield for such evaluation purposes is Evaluation Software. Your possession and use with the Evaluation Software are going to be governed with the terms set forth within this Part A plus in Part C below.
1. Grant of License. InstallShield grants a limited, personal, non-exclusive, non-transferable license make use of and test the Evaluation Software solely to gauge its suitability for ones internal business requirements pursuant towards the terms and conditions set forth on this Part A as well as in Part C, below. Without limiting the foregoing, you might not use the Evaluation Software to generate publicly distributed computer software and for any other commercial purpose. This license could be terminated by InstallShield whenever you want upon notice for your requirements and, in different event, will automatically terminate, with no warning, upon the first ones to occur in the following: a the completion within your evaluation with the Evaluation Software, or b calendar month after your acceptance with this EULA by any from the means described above.
2. Use of Evaluation Software. Since this really is evaluation Software, portions from the full-use version from the Software might be withheld or unusable and use from the Software might require accessing portions from the Software remotely over the Internet. Full use from the Software can be restricted by technological protections.
3. No Transfer. You would possibly not assign or elsewhere transfer the Evaluation Software, this license, or any involvement in either, whether by operation of law or elsewhere.
4. Disclaimer of Warranty. THE EVALUATION SOFTWARE IS PROVIDED ON AN AS IS, WITH ALL DEFECTS BASIS AND WITHOUT WARRANTY OF ANY KIND. ALL WARRANTIES, CONDITIONS, REPRESENTATIONS AND INDEMNITIES, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS OR OTHERWISE INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE AND NON-INFRINGEMENT AND THE IMPLIED WARRANTIES AND CONDITIONS AGAINST HIDDEN DEFECTS ARE HEREBY OVERRIDDEN, EXCLUDED AND DISCLAIMED.
Your possession and use from the Software, in addition to for evaluation purposes pursuant to Part A above, will governed through the terms set forth within this Part B along with Part C below.
1. Grant of License. Upon your payment with the full license price and acceptance in this EULA, InstallShield grants a limited, personal, non-exclusive license to install and utilize the Software pursuant on the terms and conditions set forth in this particular Part B as well as in Part C, below.
2. Restrictions on Use of Software. You may install and employ one copy with the Software with a single computer only for the internal business purposes. You is not going to rent, lease, lend, sublicense, redistribute or otherwise not allow third parties to work with the Software directly or indirectly, whether using a time sharing, remote job entry, or service bureau arrangement as well as to provide commercial hosting companies to businesses. You won't copy, modify or prepare derivative works with the Software. You may also use the Software only in the quantity of written languages for which you might have acquired rights and which you selected at time of first installation. Your license to the Software is personal, and use with the Software might not exactly be shared, except as set forth below in Part B Section 3 or Section 4. Any use in the Software beyond these limitations will likely be subject to InstallShields prior written consent and payment in the applicable fees.
3. Shared Use using a Single Computer. Subject on the exceptions set forth at the end of the Section 3, a copy from the Software installed using a single common build/test machine could be shared for internal use by employees and contractors of the business only, provided a license to the common build/test computer continues to be purchased as well as the right license for each individual user. The following are exceptions for the provisions on this Section 3: a DemoShield Software would possibly not be shared. b The Standalone Build element of InstallShield Developer Software could possibly be installed, reproduced and suited for up to ten 10 computers residing on your own premises, along with a copy from the Standalone Build component might be shared on the common build/test machine with your premises.
4. Storage/Network Use. A copy on the Software might be installed and used over a network device, for example a network server Network Device, for internal use by employees and contractors of your respective business only, provided a license to the Network Device continues to be purchased as well as a private license for each individual user and then for each separate device where the Software is accessed and used. A license with the Software may well not be used concurrently on different devices.
5. Authority. With respect to the licenses purchased to effectuate shared use on the single computer pursuant to Section 3 above or network use pursuant to Section 4 above, you represent and warrant that you just are authorized to enter into this EULA on behalf with the business purchasing such licenses.
6. Redistributable Files. The Softwares component parts might not exactly be separated for usage on multiple computer, except as set forth in this particular paragraph. You may redistribute the files specifically referred to as Redistributables within the media, printed materials, and internet based or electronic documentation that include the Software, but only towards the extent required with the permitted operation on the applications software installation code you create while with all the Software. You is not going to remove, so you will reproduce while using Redistributables, all applicable trademark and copyright notices that accompanies such Software.
7. Enterprise License Agreement. If you acquired the Software pursuant with an InstallShield Enterprise License Agreement, you can create the quantity of additional copies with the object code with the computer software portion in the Software permitted through the relevant Enterprise License Agreement, and you can utilize each copy within the manner specified above. You may well not copy the printed materials accompanying the Software.
8. Transfer of Software. Unless the Software the Software is licensed for evaluatory purposes pursuant to Part A and/or labeled Not for Resale, NFR, Evaluation Copy or 30-Day Complimentary during which event, you might not transfer it, you might transfer your rights under this EULA when a you permanently and wholly transfer all of one's rights under this EULA, b you continue no copies whole or partial, c you permanently and wholly transfer all in the Software including all component parts, the media and printed materials, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity on the recipient, and d the recipient first agrees to stick to all with the terms on this EULA. If the Software is an upgrade, any transfer must include any and all sorts of prior versions from the Software and then and all of the rights therein, if any. Except as expressly set forth on this Section 8 or even in Sections 6 or 7 above, may very well not assign or otherwise not transfer the Software, this license, or any involvement in either, whether by operation of law or else.
9. Support Services. InstallShield may supply you with support services related towards the Software Support Services. The provision and utilization of Support Services is governed with the InstallShield policies and programs described within the Software user manual and/maybe in online documentation. Any supplemental software code provided to you personally as part from the Support Services will likely be considered part with the Software and subject for the terms and conditions in this EULA. With respect to technical information you provide to InstallShield as part from the Support Services, InstallShield could use such information for the business purposes, including for product updates and development.
10. Limited Warranty. InstallShield warrants a that this Software will, for any period of ninety ninety days from the date of delivery, perform substantially according to InstallShields written materials accompanying it, and b that any Support Services furnished by InstallShield will likely be substantially as described in applicable written materials provided for you by InstallShield. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL WARRANTIES, CONDITIONS, REPRESENTATIONS AND INDEMNITIES, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS OR OTHERWISE INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE AND NON-INFRINGEMENT AND THE IMPLIED WARRANTIES AND CONDITIONS AGAINST HIDDEN DEFECTS VICES CACHцS ARE HEREBY OVERRIDDEN, EXCLUDED AND DISCLAIMED, WITH REGARD TO THE SOFTWARE AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THE LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. Some states and jurisdictions do not let disclaimers of or limitations around the duration of an implied warranty, hence the above limitation might not apply to you personally. To the extent implied warranties may well not be entirely disclaimed but implied warranty limitations are allowed by applicable law, implied warranties around the Software, if any, are restricted to ninety three months.
11. Customer Remedies. In the event from a breach with the foregoing warranty or some other duty owed by InstallShield, the whole liability of InstallShield as well as its suppliers, and also your exclusive remedy will probably be, at InstallShields option, the return in the price paid by you for your Software to never exceed the suggested market price if any, b repair or replacement from the defective Software or c re-performance with the Support Services. This limited warranty is void if failure from the Software has resulted from accident, abuse, or misapplication. Any replacement Software are going to be warranted to the remainder in the original warranty period or thirty four weeks, whichever is longer.
Your possession and use from the Software at all or purpose is going to be governed through the terms set forth within this Part C along with either Part A or Part B above, whichever is true.
1. Use of Software. Except as permitted pursuant for this EULA, you simply won't otherwise use or copy, translate, modify, adapt, decompile, disassemble or reverse-engineer the Software. You agree not make use of the Software in violation of the law, statute, ordinance or some other regulation including export control and unfair competition laws or any obligation to which you're bound. You agree to stick to all applicable legislation regarding your use in the Software. You accept to indemnify InstallShield from and against any liability that InstallShield may incur due to your breach of the EULA or perhaps your use on the Software.
2. Ownership. All patents, copyrights, trade secrets, service marks, trademarks, along with proprietary rights in or related for the Software are and will continue the exclusive property of InstallShield or its licensors, whether specifically recognized or perfected underneath the laws in the country in which the Software is positioned. You hereby assign and accept to assign any and all sorts of rights possibly you have or acquire in or to your Software to InstallShield for no additional consideration. You will not likely take any action that jeopardizes InstallShields or its licensors proprietary rights or acquire any rights from the Software, except the limited rights set forth within this EULA. InstallShield or its designee will own all rights in almost any copy, translation, modification, adaptation or derivation from the Software, including any improvement or development thereof. At InstallShields request, you'll execute or receive the execution associated with a instrument that can be appropriate to assign these rights to InstallShield or its designee or perfect these rights in InstallShields or its designees name. You may make one copy with the Software for back-up and archival purposes. You might not remove, modify or alter any InstallShield copyright or trademark notice from any part in the Software, including and not limited to this kind of notices contained inside the physical and/or electronic media or documentation, inside InstallShield Setup Wizard dialogue or about boxes, in any in the runtime resources and/or perhaps in any web-presence or web-enabled notices, code and other embodiments originally contained in or otherwise not created with the Software.
3. Confidentiality. You acknowledge how the Software is and incorporates confidential and proprietary information developed, acquired by or licensed to InstallShield. You will take all reasonable precautions required to safeguard the confidentiality in the Software, and won't disclose any information concerning the Software or even the Software evaluations or reports to any person without InstallShields prior written consent. You will not enable the removal or defacement of the confidentiality or proprietary notice placed within the Software. The placement of an copyright notice around the Software will not likely constitute publication or elsewhere impair its confidential nature. You acknowledge that any breach with this Section can cause irreparable problems for InstallShield as well as its licensors.
4. Limitation of Damages. IN NO EVENT SHALL INSTALLSHIELD, ITS LICENSORS OR SUPPLIERS OR ITS OR THEIR RELATED COMPANIES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES OR LOST PROFITS, WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON CLAIMS OF YOU OR ANY OTHER PARTY ARISING OUT OF BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT, FAILURE OF ANY REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE OR OTHERWISE. NOTWITHSTANDING THE FORM, CONTRACT, TORT OR OTHERWISE IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT, IN NO EVENT WILL INSTALLSHIELD OR ITS SUPPLIERS BE LIABLE FOR DAMAGES OR LOSSES THAT EXCEED, IN THE AGGREGATE, THE FOLLOWING FOR EACH RESPECTIVE BREACH OR SERIES OF RELATED BREACHES: i WITH RESPECT TO SOFTWARE, THE AMOUNT OF LICENSE FEES PAID BY CUSTOMER FOR THE SOFTWARE THAT GAVE RISE TO SUCH DAMAGES OR LOSSES; AND ii WITH RESPECT TO ANY SUPPORT OR OTHER SERVICES PROVIDED HEREUNDER, THE AMOUNT OF FEES PAID FOR THE SUPPORT OR SERVICES THAT GAVE RISE TO SUCH DAMAGES OR LOSSES. EXCEPT WITH REGARD TO PAYMENTS DUE INSTALLSHIELD, NEITHER PARTY SHALL BE LIABLE FOR ANY DELAYS OR FAILURES IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL THAT COULD NOT BE AVOIDED BY ITS EXERCISE OF DUE CARE.
5. Upgrades and Subscription. If the Software is labeled you aren't identified by InstallShield as a possible upgrade or subscription, you have to be properly licensed to utilize a product identified by InstallShield to be eligible for your upgrade in order to work with the Software. Any Software labeled you aren't identified by InstallShield for an upgrade replaces and/or supplements the product or service that formed the basis for the eligibility for such upgrade. You are able to use the resulting upgraded product only in accordance using the terms with this EULA. If the Software is an upgrade of a part of a package of software programs you licensed as one particular product, the Software may be taken and transferred only in that single product package and would possibly not be separated to be used on multiple computer.
6. Dual-Media Software. You may get the Software in many medium. Regardless from the type or size in the medium you will get, you need to use only that one medium that's appropriate on your single computer. You might not use or install one other medium on another computer, including although not limited to portable computers underneath the exclusive control on the registered developer. You would possibly not loan, rent, lease, you aren't transfer additional medium to a new user, except as part with the permanent transfer as provided above in the Software.
7. Government Restricted Rights. The Software and documentation are given with RESTRICTED RIGHTS. Government users will get no more than Restricted Rights as defined in FAR 52.227-14, FAR 52.227-19c1-2 Jun 1987 or DFAR 252.227-7013c1ii Oct 1988, DFAR 252.221-7015c May 1991, DFAR 252.227-7014, or DFAR 252.227-7018 as applicable in a Software. Government users will secure no higher than limited rights as defined in FAR 52.227-14, DFAR 252.227-7015, DFAR 252.227-7018, or DFAR 252.227-7013 as applicable in different technical data in or related for the Software. Manufacturer is: InstallShield Software Corporation, 900 North National Parkway, Suite 125, Schaumburg, IL 60173, USA.
8. Termination. In addition to another rights or remedies it may well have under applicable law, InstallShield may terminate this EULA in the event you fail to abide by its fine print. In that event, you may destroy any and all of copies with the Software and all sorts of of its component parts. You accept to promptly de-install and delete all copies from the Software in your possession and discontinue further use in the Software. The parties rights and obligations under Part A, Section 1; Part B, Sections 10 and 11; and Part C, Sections 1, 2, 3, 4, 7 and 9 as applicable will survive the termination in this Agreement.
9. U. S. Export Restrictions. You accept to comply fully with all of relevant export legislation, including yet not limited to your Export Administration Regulations and Executive Orders Export Controls. You agree not to ever export, directly or indirectly, re-export, divert, or transfer the Software, any portion thereof or any materials, items or technology concerning InstallShields business or related technical data or any direct product thereof to your destination, company or person restricted or prohibited by Export Controls and also you represent that your particular business so you not this kind of company or person.
10. Miscellaneous a Relationship of Parties. You and InstallShield are independent parties. Nothing on this EULA should be construed as causing you to an employee, agent or legal representative of InstallShield. b Jurisdiction of Courts. You hereby consent towards the exclusive jurisdiction with the courts operating out of Cook County, Illinois with the resolution associated with a dispute arising outside of or linked to this EULA. c Entire Agreement. This EULA constitutes the whole and entire understanding and agreement of the terms, conditions and representations between you together with InstallShield with respect on the Software. d Controlling Law This EULA will probably be construed and enforced in accordance while using internal laws on the State of Illinois. Version Date: 2/4/03