Лицензии на Программное обеспечение, предоставляемое Сторонними разработчиками и/или Дополнительные Условия
На этой странице и/или на связанных с ней страницах приводятся Лицензии на Программное обеспечение, предоставляемое Сторонними разработчиками и/или Дополнительные Условия, применяемые к использованию Программного обеспечения, и относящиеся к СОГЛАШЕНИЮ на ИСПОЛЬЗОВАНИЕ ПРОГРАММНОГО ОБЕСПЕЧЕНИЯ GRAPHISOFT, принимаемому Вами.
Adobe Director11 Licnese Agreement
Adobe Reader License Agreement
Apple QuickTime License Agreement
Cromium Embedded Framework
FCollada License Agreement
GIGABASE License Agreement
<!—a href="#GWC">GOODIES End User License Agreement<br /—> InstallShield License Agreement
JAVA SE RUNTIME ENVIRONMENT (JRE) VERSION 6 and JAVAFX RUNTIME VERSION 1 License Agreement
Jotne EPM Technology
License for standard GDL content
License for protected GDL content
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LibCurl License Agreement
Microsoft .NET Framework 2.0 License Agreement
Microsoft Visual Studio 2005 License Agreement
Microsoft Visual Studio Redistributable 2005 License Agreement
MMTabBarView
OpenLDAP License Agreement
OpenPegasus License Agreement
OpenSLP License Agreement
SIGC++ License Agreement
TOMCAT (Apache) License Agreement
WIBU CodeMeter License Agreement
Xerces XML Parser / Log4Cxx logging framework License Agreement
XML-RPC License Agreement
Zlib Licence Agreement
Microsoft .NET End-User License Agreement
MICROSOFT SOFTWARE SUPPLEMENTAL LICENSE TERMS MICROSOFT .NET FRAMEWORK 2.0
Microsoft Corporation (or based on where you live, one of its affiliates) licenses this supplement to you. If you are licensed to use Microsoft Windows operating system software (the «software»), you may use this supplement. You may not use it if you do not have a license for the software. You may use a copy of this supplement with each validly licensed copy of the software.
The following license terms describe additional use terms for this supplement. These terms and the license terms for the software apply to your use of this supplement. If there is a conflict, these supplemental license terms apply.
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By using this supplement, you accept these terms. If you do not accept them, do not use this supplement. If you comply with these license terms, you have the rights below.
1. SUPPORT SERVICES FOR SUPPLEMENT. Microsoft provides support services for this supplement as described at www.support.microsoft.com/common/international.aspx.
2. MICROSOFT .NET FRAMEWORK BENCHMARK TESTING. This supplement includes the .NET Framework component of the Windows operating systems («.NET Component»). You may conduct internal benchmark testing of the .NET Component. You may disclose the results of any benchmark test of the .NET Component, provided that you comply with the following terms: (1) you must disclose all the information necessary for replication of the tests, including complete and accurate details of your benchmark testing methodology, the test scripts/cases, tuning parameters applied, hardware and software platforms tested, the name and version number of any third party testing tool used to conduct the testing, and complete source code for the benchmark suite/harness that is developed by or for you and used to test both the .NET Component and the competing implementation(s); (2) you must disclose the date (s) that you conducted the benchmark tests, along with specific version information for all Microsoft software products tested, including the .NET Component; (3) your benchmark testing was performed using all performance tuning and best practice guidance set forth in the product documentation and/or on Microsoft’s support web sites, and uses the latest updates, patches and fixes available for the .NET Component and the relevant Microsoft operating system; (4) it shall be sufficient if you make the disclosures provided for above at a publicly available location such as a website, so long as every public disclosure of the results of your benchmark test expressly identifies the public site containing all required disclosures; and (5) nothing in this provision shall be deemed to waive any other right that you may have to conduct benchmark testing. The foregoing obligations shall not apply to your disclosure of the results of any customized benchmark test of the .NET Component, whereby such disclosure is made under confidentiality in conjunction with a bid request by a prospective customer, such customer’s application(s) are specifically tested and the results are only disclosed to such specific customer. Notwithstanding any other agreement you may have with Microsoft, if you disclose such benchmark test results, Microsoft shall have the right to disclose the results of benchmark tests it conducts of your products that compete with the .NET Component, provided it complies with the same conditions above.
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Sun Microsystems, Inc. Binary Code License Agreement for the JAVA SE RUNTIME ENVIRONMENT (JRE) VERSION 6 and JAVAFX RUNTIME VERSION 1
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, any other machine readable materials (including, but not limited to, libraries, source files, header files, and data files), any updates or error corrections provided by Sun, and any user manuals, programming guides and other documentation provided to you by Sun under this Agreement. «General Purpose Desktop Computers and Servers» means computers, including desktop and laptop computers, or servers, used for general computing functions under end user control (such as but not specifically limited to email, general purpose Internet browsing, and office suite productivity tools). The use of Software in systems and solutions that provide dedicated functionality (other than as mentioned above) or designed for use in embedded or function-specific software applications, for example but not limited to: Software embedded in 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 related systems are excluded from this definition and not licensed under this Agreement. «Programs» means (a) Java technology applets and applications intended to run on the Java Platform Standard Edition (Java SE) platform on Java-enabled General Purpose Desktop Computers and Servers, and (b) JavaFX technology applications intended to run on the JavaFX Runtime on JavaFX-enabled General Purpose Desktop Computers and Servers.
2. LICENSE TO USE. Subject to the terms and conditions of this Agreement, including, but not limited to the Java Technology Restrictions of the Supplemental License Terms, Sun grants you a non-exclusive, non-transferable, limited license without license fees to reproduce and use internally Software complete and unmodified for the sole purpose of running Programs. Additional licenses for developers and/or publishers are granted in the Supplemental License Terms.
3. RESTRICTIONS. Software is confidential and copyrighted. Title to Software and all associated intellectual property rights is retained by Sun and/or its licensors. Unless enforcement is prohibited by applicable law, you may not modify, decompile, or reverse engineer Software. You acknowledge that Licensed Software is not designed or intended for use in the design, construction, operation or maintenance of any nuclear facility. Sun Microsystems, Inc. disclaims any express or implied warranty of fitness for such uses. No right, title or interest in or to any 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 in the Supplemental License Terms.
4. LIMITED WARRANTY. Sun warrants to you that for a period of ninety (90) days from the date of purchase, as evidenced by a copy of the receipt, the media on which Software is furnished (if any) will be free of defects in materials and workmanship under normal use. Except for the foregoing, Software is provided «AS IS». Your exclusive remedy and Sun’s entire liability under this limited warranty will be at Sun’s option to replace Software media or refund the fee paid for Software. Any implied warranties on the Software are limited to 90 days. Some states do not allow limitations on duration of an implied warranty, so the above may not apply to you. This limited warranty gives you specific legal rights. You may have others, which vary 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 Sun’s liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you for Software under this Agreement. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose. Some states do not allow the exclusion of incidental or consequential damages, so some of the terms above may not be applicable to you.
7. TERMINATION. This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of Software. This Agreement will terminate immediately without notice from Sun if you fail to comply with any provision of this Agreement. Either party may terminate this Agreement immediately should any Software become, or in either party’s opinion be likely to become, the subject of a claim of infringement of any intellectual property right. Upon Termination, you must destroy all copies of Software.
8. EXPORT REGULATIONS. All Software and technical data delivered under this Agreement are subject to US export control laws and may be subject to export or import regulations in other countries. You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain such licenses to export, re-export, or import as may be required after delivery to you.
9. TRADEMARKS AND LOGOS. You acknowledge and agree as between you and Sun that Sun owns the SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET trademarks and all SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET-related trademarks, service marks, logos and other brand designations («Sun Marks»), and you agree to comply with the Sun Trademark and Logo Usage Requirements currently located at http://www.sun.com/policies/trademarks. Any use you make of the Sun Marks inures to Sun’s benefit.
10. U.S. GOVERNMENT RESTRICTED RIGHTS. If Software is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), then the Government’s rights in Software and accompanying documentation will be only as set forth in this Agreement; this is in accordance with 48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD) acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions).
11. GOVERNING LAW. Any action related to this Agreement will be governed by California law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply.
12. SEVERABILITY. If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate.
13. INTEGRATION. This Agreement is the entire agreement between you and Sun relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.
SUPPLEMENTAL LICENSE TERMS
These Supplemental License Terms add to or modify the terms of the Binary Code License Agreement. Capitalized terms not defined in these Supplemental Terms shall have the same meanings ascribed to them in the Binary Code License Agreement . These Supplemental Terms shall supersede any inconsistent or conflicting terms in the Binary Code License Agreement, or in any license contained within the Software.
A. Software Internal Use and Development License Grant. Subject to the terms and conditions of this Agreement and restrictions and exceptions set forth in the Software «README» file incorporated herein by reference, including, but not limited to the Java Technology Restrictions of these Supplemental Terms, Sun grants you a non-exclusive, non-transferable, limited license without fees to reproduce internally and use internally the Software complete and unmodified for the purpose of designing, developing, and testing your Programs.
B. License to Distribute Software. Subject to the terms and conditions of this Agreement and restrictions and exceptions set forth in the Software README file, including, but not limited to the Java Technology Restrictions of these Supplemental Terms, Sun grants you a non-exclusive, non-transferable, limited license without fees to reproduce and distribute the Software (except for the JavaFX Runtime), provided that (i) you distribute the Software complete and unmodified and only bundled as part of, and for the sole purpose of running, your Programs, (ii) the Programs add significant and primary functionality to the Software, (iii) you do not distribute additional software intended to replace any component(s) of the Software, (iv) you do not remove or alter any proprietary legends or notices contained in the Software, (v) you only distribute the Software subject to a license agreement that protects Sun’s interests consistent with the terms contained in this Agreement, and (vi) you agree to defend and indemnify Sun and its licensors from and against any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys’ fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results from the use or distribution of any and all Programs and/or Software.
C. Java Technology Restrictions. You may not create, modify, or change the behavior of, or authorize your licensees to create, modify, or change the behavior of, classes, interfaces, or subpackages that are in any way identified as «java», «javax», «sun» or similar convention as specified by Sun in any naming convention designation.
D. Source Code. Software may contain source code that, unless expressly licensed for other purposes, is provided solely for reference purposes pursuant to the terms of this Agreement. Source code may not be redistributed unless expressly provided for in this Agreement.
E. Third Party Code. Additional copyright notices and license terms applicable to portions of the Software are set forth in the THIRDPARTYLICENSEREADME.txt file. In addition to any terms and conditions of any third party opensource/freeware license identified in the THIRDPARTYLICENSEREADME.txt file, the disclaimer of warranty and limitation of liability provisions in paragraphs 5 and 6 of the Binary Code License Agreement shall apply to all Software in this distribution.
F. Termination for Infringement. Either party may terminate this Agreement immediately should any Software become, or in either party’s opinion be likely to become, the subject of a claim of infringement of any intellectual property right.
G. Installation and Auto-Update. The Software’s installation and auto-update processes transmit a limited amount of data to Sun (or its service provider) about those specific processes to help Sun understand and optimize them. Sun does not associate the data with personally identifiable information. You can find more information about the data Sun collects at http://java.com/data/.
For inquiries please contact: Sun Microsystems, Inc., 4150 Network Circle, Santa Clara, California 95054, U.S.A.
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WIBU-SYSTEMS AG
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 this software may be used to reproduce materials, it is licensed to you only for reproduction of materials you are authorized or legally permitted to reproduce.
1. General. The software, documentation and any fonts accompanying this License whether on disk, in read only memory, on any other media or in any other form (collectively the «WIBU-SYSTEMS Software») are licensed, not sold, to you by WIBU-SYSTEMS Computer, Inc. («WIBU-SYSTEMS») for use only under the terms of this License, and WIBU-SYSTEMS reserves all rights not expressly granted to you. The rights granted herein are limited to WIBU-SYSTEMS’s and its licensors’ intellectual property rights in the WIBU-SYSTEMS Software and do not include any other patents or intellectual property rights. You own the media on which the WIBU-SYSTEMS Software is recorded but WIBU-SYSTEMS and/or WIBU-SYSTEMS’s licensor(s) retain ownership of the WIBU-SYSTEMS Software itself. The rights granted under the terms of this License include any software upgrades that replace and/or supplement the original WIBU-SYSTEMS Software product, unless such upgrade contains a separate license.
2. Permitted License Uses and Restrictions. This License allows you to install and use one copy of the WIBU-SYSTEMS Software on multiple computers at a time, if the WIBU-SYSTEMS Software is always used with a CodeMeter-Stick connected to the PC. This License does allow the WIBU-SYSTEMS Software to exist on more than one computer at a time, and you may make the WIBU-SYSTEMS Software available over a network where it could be used by multiple computers at the same time under these circumstances. You may make one copy of the WIBU-SYSTEMS Software in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original. Except as and only to the extent expressly permitted in this License or by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the WIBU-SYSTEMS Software or any part 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 may not rent, lease, lend or sublicense the WIBU-SYSTEMS Software. You may, however, make a one-time permanent transfer of all of your license rights to the WIBU-SYSTEMS Software to another party, provided that: (a) the transfer must include all of the WIBU-SYSTEMS Software, including all its component parts, original media, printed materials and this License; (b) you do not retain any copies of the WIBU-SYSTEMS Software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the WIBU-SYSTEMS Software reads and agrees to accept the terms and conditions of this License. NFR (Not for Resale) Copies: Notwithstanding other sections of this License, WIBU-SYSTEMS Software labeled or otherwise provided to you on a promotional basis may only be used for demonstration, testing and evaluation purposes and may not be resold or transferred.
4. Termination. This License is effective until terminated. Your rights under this License will terminate automatically without notice from WIBU-SYSTEMS if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the WIBU-SYSTEMS Software and destroy all copies, full or partial, of the WIBU-SYSTEMS Software.
5. Limited Warranty on Media. WIBU-SYSTEMS warrants the media on which the WIBU-SYSTEMS Software is recorded and delivered by WIBU-SYSTEMS to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of original retail purchase. Your exclusive remedy under this Section shall be, at WIBU-SYSTEMS’s option, a refund of the purchase price of the product containing the WIBU-SYSTEMS Software or replacement of the WIBU-SYSTEMS Software which is returned to WIBU-SYSTEMS or an WIBU-SYSTEMS authorized representative with a copy of 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-SYSTEMS’S 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-SYSTEMS’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
8. Export Law Assurances. You may not use or otherwise export or reexport the WIBU-SYSTEMS Software except as authorized by United States law and the laws of the jurisdiction in which the WIBU-SYSTEMS Software was obtained. In particular, but without limitation, the WIBU-SYSTEMS Software may not be exported or re-exported (a) into (or to a national or resident of) any U.S. embargoed countries (currently Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria) or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the WIBU-SYSTEMS Software, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
9. Government End Users. The WIBU-SYSTEMS Software and related 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. §227.7202-1through 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 and Germany.
10. Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of Germany (Bundesrepublik Deutschland). This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
11. Complete Agreement; Governing Language. This License constitutes the entire agreement between the parties with respect to the use of the WIBU-SYSTEMS Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by WIBU-SYSTEMS. Any translation of this License is done for local requirements and in the event of a dispute between the German and any non-German versions, the German version of this License shall govern.
Karlsruhe, November 2003
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APPLE INC. SOFTWARE LICENSE AGREEMENT FOR QUICKTIME
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 www.apple.com/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 used to reproduce materials. It is licensed to you only for reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. If you are uncertain about your right to copy any material, you should contact your legal advisor.
1. General. The software, documentation and any fonts accompanying this License whether on disk, in read only memory, on any other media or in any other form (collectively the «Apple Software») are licensed, not sold, to you by Apple Inc. («Apple») for use only under the terms of this License, and Apple reserves all rights not expressly granted to you. The rights granted herein are limited to Apple’s and its licensors’ intellectual property rights in the Apple Software and do not include any other patents or intellectual property rights. You own the media on which the Apple Software is recorded but Apple and/or Apple’s licensor(s) retain ownership of the Apple Software itself. The rights granted under the terms of this License include any software upgrades that replace and/or supplement the original Apple Software product, unless such upgrade contains a separate license.
Title and intellectual property rights in and to any content displayed by or accessed through the Apple Software belongs to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. This License does not grant you any rights to use such content.
2. Permitted License Uses and Restrictions. This License allows you to install and use one copy of the Apple Software on a single computer at a time. This License does not allow the Apple Software to exist on more than one computer at a time, and you may not make the Apple Software available over a network where it could be used by multiple computers at the same time. You may make one copy of the Apple Software in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original. Except as and only to the extent expressly permitted in this License or by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the Apple Software or any part 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 may not rent, lease, lend or sublicense the Apple Software. You may, however, make a one-time permanent transfer of all of your license rights to the Apple Software to another party, provided that: (a) the transfer must include all of the Apple Software, including all its component parts, original media, printed materials and this License; (b) you do not retain any copies of the Apple Software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the Apple Software reads and agrees to accept the terms and conditions of this License.
Updates: If an Apple Software update completely replaces (full install) a previously licensed version of the Apple Software, you may not use both versions of the Apple Software at the same time nor may you transfer them separately.
NFR (Not for Resale) Copies: Notwithstanding other sections of this License, Apple Software labeled or otherwise provided to you on a promotional basis may only be used for demonstration, testing and evaluation purposes and may not be resold or transferred.
Academic Copies: If the Apple Software package has an academic label or if you acquired the Apple Software at an academic discount, you must be an Eligible Educational End User to use the Apple Software. «Eligible Educational End Users» means students, faculty, staff and administration attending and/or working at an educational institutional facility (i.e., college campus, public or private K-12 schools).
4. Consent to Use of Data. You agree that Apple and its subsidiaries may collect and use technical and related information, including but not limited to technical information about your computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Apple Software. Apple may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you.
5. Termination. This License is effective until terminated. Your rights under this License will terminate automatically without notice from Apple if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Apple Software and destroy all copies, full or partial, of the Apple Software.
6. Limited Warranty on Media. Apple warrants the media on which the Apple Software is recorded and delivered by Apple to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of original retail purchase. Your exclusive remedy under this Section shall be, at Apple’s option, a refund of the purchase price of the product containing the Apple Software or replacement of the Apple Software which is returned to Apple or an Apple authorized representative with a copy of 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 APPLE’S 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 search results that reference sites and information located worldwide throughout the Internet. Because Apple has no control over such sites and information, Apple makes no guarantees as to such sites and information, including: (i) the accuracy, currency, content, or quality of any such sites and information, or (ii) whether an Apple search completed through the QuickTime Player may locate unintended or objectionable content. Because some of the content on the Internet consists of material that is adult-oriented or otherwise objectionable to some people or viewers under the age of 18, the results of any search or entering of a particular URL using the QuickTime Player may automatically and unintentionally generate links or references to objectionable material. By using the QuickTime Player, you acknowledge that Apple makes no representations or warranties with regard to the appropriateness of the content viewed through the QuickTime Player, whether on a pre-installed channel button or as a result of your search. Apple does not guarantee the sequence, accuracy, completeness or timeliness of the content played through the QuickTime Player. Apple, its officers, affiliates and subsidiaries shall not, directly or indirectly, be liable, in any way, to you or any other person for the content you receive using the QuickTime Player or for any inaccuracies, errors in or omissions from 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 Apple’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
9. Export Control. You may not use or otherwise export or reexport the Apple Software except as authorized by United States law and the laws of the jurisdiction in which the Apple Software was obtained. In particular, but without limitation, the Apple Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Apple Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production 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 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. §227.7202-1through 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.
11. Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the State of California, as applied to agreements entered into and to be performed entirely within California between California residents. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
12. Complete Agreement; Governing Language. This License constitutes the entire agreement between the parties with respect to the use of the Apple Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Apple. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern.
13. MPEG-2 Notice. To the extent that the Apple Software contains MPEG-2 functionality, the following 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, L.L.C, 250 STEELE STREET, SUITE 300, DENVER, COLORADO 80206.
14. Use of MPEG-4. This product is licensed under the MPEG-4 Systems Patent Portfolio License for encoding in compliance with the MPEG-4 Systems Standard, except that an additional license and payment of royalties are necessary for encoding in connection with (i) data stored or replicated in physical media which is paid for on a title by title basis and/or (ii) data which is paid for on a title by title basis and is transmitted to an end user for permanent storage and/or use. Such additional license may be obtained from MPEG LA, LLC. See http://www.mpegla.com for additional details.
This product is licensed under the MPEG-4 Visual Patent Portfolio License for the personal and non-commercial use of a consumer for (i) encoding video in compliance with the MPEG-4 Visual Standard («MPEG-4 Video») and/or (ii) decoding MPEG-4 video that was encoded by a consumer engaged in a personal and non-commercial activity and/or was obtained from a video provider licensed by MPEG LA to provide MPEG-4 video. No license is granted or shall be implied for any other use.
Additional information including that relating to promotional, internal and commercial uses and licensing may be obtained from MPEG LA, LLC. See http: //www.mpegla.com. For answers to frequently asked questions regarding use fees under the MPEG LA Visual Patent Portfolio License see www.apple.com/mpeg4 or www.apple.com/quicktime/products/qt/faq.html.
15. H.264/AVC Notice. To the extent that the Apple Software contains AVC encoding and/or decoding functionality, commercial use of H.264/AVC requires additional licensing and 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 L.L.C. SEE HTTP://WWW.MPEGLA.COM.
16. AMR Notice. The Adaptive Multi-Rate («AMR») encoding and decoding functionality in this product is not licensed to perform cellular voice calls, or for use in any telephony products built on the QuickTime architecture for the Windows platform. The AMR encoding and decoding functionality in this product is also not licensed for use in a cellular communications infrastructure including: base stations, base station controllers/radio network controllers, switching centers, and gateways to and from the public switched network.
EA0337
Rev. 01/18/07
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Cromium Embedded Framework License Agreement
Copyright (c) 2008-2014 Marshall A. Greenblatt. Portions Copyright (c)
2006-2009 Google Inc. All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
- Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
- Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
- Neither the name of Google Inc. nor the name Chromium Embedded Framework nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS «AS IS» AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
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END-USER LICENSE AGREEMENT FOR InstallShield SOFTWARE
IMPORTANT-READ CAREFULLY: This End-User License Agreement (EULA) is a legal contract between you (either an individual or a legal entity) and Installation Software Technologies, Inc., an Illinois corporation doing business as InstallShield Software Corporation (InstallShield) for the InstallShield software that accompanies this EULA, including any associated media, printed materials and electronic documentation (the Software). The Software also includes any updates, add-on components, web services and supplements that InstallShield may in the future provide to you or make available to you, to the extent such items are not accompanied by a separate license agreement or terms of use. The Software is licensed, not sold. InstallShield is willing to license the Software to you only if you accept the terms and conditions of this EULA. By clicking on the I ACCEPT button, by opening the package that contains the Software, or by copying, downloading, accessing or otherwise using the Software, you agree to be bound by the terms of this EULA. If you do not wish to be bound by the terms of this EULA, click the I DO NOT ACCEPT button, and do not install, access or use the Software. An original purchaser who has not accepted the terms of this EULA may return the Software to the place of purchase, within 30 days of the date of purchase, for a full refund.
If you have questions concerning this EULA, or if you wish to contact InstallShield for any reason, please contact the InstallShield distributor serving you or write to InstallShield at 900 North National Parkway, Suite 125, Schaumburg, IL 60173, USA.
PART A — EVALUATION LICENSE OF SOFTWARE
InstallShield may provide you with a copy of the Software for evaluation purposes only (as set forth below). Each copy of the Software provided to you by InstallShield for such evaluation purposes is Evaluation Software. Your possession and use of the Evaluation Software will be governed by the terms set forth in this Part A and in Part C below.
1. Grant of License. InstallShield grants you a limited, personal, non-exclusive, non-transferable license to use and test the Evaluation Software solely to evaluate its suitability for your internal business requirements pursuant to the terms and conditions set forth in this Part A and in Part C, below. Without limiting the foregoing, you may not use the Evaluation Software to create publicly distributed computer software or for any other commercial purpose. This license may be terminated by InstallShield at any time upon notice to you and, in any event, will automatically terminate, without notice, upon the first to occur of the following: (a) the completion of your evaluation of the Evaluation Software, or (b) 30 days after your acceptance of this EULA by any of the means described above.
2. Use of Evaluation Software. Since this is evaluation Software, portions of the full-use version of the Software may be withheld or unusable and use of the Software may require accessing portions of the Software remotely through the Internet. Full use of the Software may be restricted by technological protections.
3. No Transfer. You may not assign or otherwise transfer the Evaluation Software, this license, or any interest in either, whether by operation of law or otherwise.
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.
PART B—LICENSE OF SOFTWARE
Your possession and use of the Software, other than for evaluation purposes pursuant to Part A above, will governed by the terms set forth in this Part B and in Part C below.
1. Grant of License. Upon your payment of the full license price and acceptance of this EULA, InstallShield grants you a limited, personal, non-exclusive license to install and use the Software pursuant to the terms and conditions set forth in this Part B and in Part C, below.
2. Restrictions on Use of Software. You may install and use one copy of the Software on a single computer only for your internal business purposes. You will not rent, lease, lend, sublicense, redistribute or otherwise allow third parties to use the Software directly or indirectly, whether on a time sharing, remote job entry, or service bureau arrangement or to provide commercial hosting services to third parties. You will not copy, modify or prepare derivative works of the Software. You may use the Software only in the number of written language(s) for which you have acquired rights and that you selected at time of first installation. Your license for the Software is personal, and use of the Software may not be shared, except as set forth below in Part B Section 3 or Section 4. Any use of the Software beyond these limitations will be subject to InstallShield’s prior written consent and payment of the applicable fees.
3. Shared Use on a Single Computer. Subject to the exceptions set forth at the end of this Section 3, a copy of the Software installed on a single common build/test machine may be shared for internal use by employees and contractors of your business only, provided that a license for that common build/test computer has been purchased as well as a personal license for each individual user. The following are exceptions to the provisions of this Section 3: (a) DemoShield Software may not be shared. (b) The Standalone Build component of InstallShield Developer Software may be installed, reproduced and used on up to ten (10) computers residing on your premises, and a copy of the Standalone Build component may be shared on a common build/test machine on your premises.
4. Storage/Network Use. A copy of the Software may be installed and used on a network device, such as a network server (Network Device), for internal use by employees and contractors of your business only, provided that a license for that Network Device has been purchased as well as a personal license for each individual user and for each separate device from which the Software is accessed and used. A license for the Software may not be used concurrently on different devices.
5. Authority. With respect to any licenses purchased to effectuate shared use on a single computer pursuant to Section 3 above or network use pursuant to Section 4 above, you represent and warrant that you are authorized to enter into this EULA on behalf of the business purchasing such licenses.
6. Redistributable Files. The Software’s component parts may not be separated for use on more than one computer, except as set forth in this paragraph. You may redistribute the files specifically identified as Redistributables in the media, printed materials, and online or electronic documentation that accompany the Software, but only to the extent required for the permitted operation of the application(s) software installation code you create while using the Software. You will not remove, and you will reproduce with the Redistributables, all applicable trademark and copyright notices that accompany such Software.
7. Enterprise License Agreement. If you acquired the Software pursuant to an InstallShield Enterprise License Agreement, you may make the number of additional copies of the object code of the computer software portion of the Software permitted by the relevant Enterprise License Agreement, and you may use each copy in the manner specified above. You may 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 (in which event, you may not transfer it), you may transfer your rights under this EULA if (a) you permanently and wholly transfer all of your rights under this EULA, (b) you retain no copies (whole or partial), (c) you permanently and wholly transfer all of the Software (including all component parts, the media and printed materials, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity) to the recipient, and (d) the recipient first agrees to abide by all of the terms of this EULA. If the Software is an upgrade, any transfer must include any and all prior versions of the Software and any and all of your rights therein, if any. Except as expressly set forth in this Section 8 or in Sections 6 or 7 above, you may not assign or otherwise transfer the Software, this license, or any interest in either, whether by operation of law or otherwise.
9. Support Services. InstallShield may provide you with support services related to the Software (Support Services). The provision and use of Support Services is governed by the InstallShield policies and programs described in the Software user manual and/or in online documentation. Any supplemental software code provided to you as part of the Support Services shall be considered part of the Software and subject to the terms and conditions of this EULA. With respect to technical information you provide to InstallShield as part of the Support Services, InstallShield may use such information for its business purposes, including for product updates and development.
10. Limited Warranty. InstallShield warrants (a) that the Software will, for a period of ninety (90) days from the date of delivery, perform substantially in accordance with InstallShield’s written materials accompanying it, and (b) that any Support Services provided by InstallShield shall be substantially as described in applicable written materials provided to 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 CACHÉS)) 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 allow disclaimers of or limitations on the duration of an implied warranty, so the above limitation may not apply to you. To the extent implied warranties may not be entirely disclaimed but implied warranty limitations are allowed by applicable law, implied warranties on the Software, if any, are limited to ninety (90) days.
11. Customer Remedies. In the event of any breach of the foregoing warranty or any other duty owed by InstallShield, the entire liability of InstallShield and its suppliers, and your exclusive remedy shall be, at InstallShield’s option, either (a) return of the price paid by you for the Software (not to exceed the suggested U.S. retail price) if any, (b) repair or replacement of the defective Software or (c) re-performance of the Support Services. This limited warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
PART C—GENERAL TERMS AND CONDITIONS APPLICABLE TO ALL SOFTWARE LICENSES
Your possession and use of the Software for any reason or purpose will be governed by the terms set forth in this Part C and in either Part A or Part B above, whichever is applicable.
1. Use of Software. Except as permitted pursuant to this EULA, you will not otherwise use or copy, translate, modify, adapt, decompile, disassemble or reverse-engineer the Software. You agree not to use the Software in violation of any law, statute, ordinance or other regulation (including export control and unfair competition laws) or any obligation to which you are bound. You agree to comply with all applicable laws and regulations regarding your use of the Software. You agree to indemnify InstallShield from and against any liability that InstallShield may incur arising from your breach of this EULA or your use of the Software.
2. Ownership. All patents, copyrights, trade secrets, service marks, trademarks, and other proprietary rights in or related to the Software are and will remain the exclusive property of InstallShield or its licensors, whether or not specifically recognized or perfected under the laws of the country where the Software is located. You hereby assign and agree to assign any and all rights you may have or acquire in or to the Software to InstallShield for no additional consideration. You will not take any action that jeopardizes InstallShield’s or its licensors’ proprietary rights or acquire any rights in the Software, except the limited rights set forth in this EULA. InstallShield or its designee will own all rights in any copy, translation, modification, adaptation or derivation of the Software, including any improvement or development thereof. At InstallShield’s request, you will execute or obtain the execution of any instrument that may be appropriate to assign these rights to InstallShield or its designee or to perfect these rights in InstallShield’s or its designee’s name. You may make one copy of the Software for back-up and archival purposes. You may not remove, modify or alter any InstallShield copyright or trademark notice from any part of the Software, including but not limited to any such notices contained in the physical and/or electronic media or documentation, in the InstallShield Setup Wizard dialogue or about boxes, in any of the runtime resources and/or in any web-presence or web-enabled notices, code or other embodiments originally contained in or otherwise created by the Software.
3. Confidentiality. You acknowledge that the Software is and incorporates confidential and proprietary information developed, acquired by or licensed to InstallShield. You will take all reasonable precautions necessary to safeguard the confidentiality of the Software, and will not disclose any information about the Software or the Software evaluations or reports to any other person without InstallShield’s prior written consent. You will not allow the removal or defacement of any confidentiality or proprietary notice placed on the Software. The placement of a copyright notice on the Software will not constitute publication or otherwise impair its confidential nature. You acknowledge that any breach of this Section will cause irreparable harm to InstallShield and 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 (e.g., 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 or otherwise identified by InstallShield as an upgrade or subscription, you must be properly licensed to use a product identified by InstallShield as being eligible for the upgrade in order to use the Software. Any Software labeled or otherwise identified by InstallShield as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for such upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA. If the Software is an upgrade of a component of a package of software programs that you licensed as a single product, the Software may be used and transferred only as part of that single product package and may not be separated for use on more than one computer.
6. Dual-Media Software. You may receive the Software in more than one medium. Regardless of the type or size of the medium you receive, you may use only that one medium that is appropriate for your single computer. You may not use or install the other medium on another computer, including but not limited to portable computers under the exclusive control of the registered developer. You may not loan, rent, lease, or otherwise transfer the other medium to another user, except as part of the permanent transfer (as provided above) of the Software.
7. U.S. Government Restricted Rights. The Software and documentation are provided with RESTRICTED RIGHTS. U.S. Government users will receive no greater than Restricted Rights as defined in FAR 52.227-14, FAR 52.227-19(c)(1-2) (Jun 1987) or DFAR 252.227-7013(c)(1)(ii) (Oct 1988), DFAR 252.221-7015(c) (May 1991), DFAR 252.227-7014, or DFAR 252.227-7018 as applicable in any Software. Government users will secure no greater 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 any technical data in or related to the Software. Manufacturer is: InstallShield Software Corporation, 900 North National Parkway, Suite 125, Schaumburg, IL 60173, USA.
8. Termination. In addition to any other rights or remedies it may have under applicable law, InstallShield may terminate this EULA if you fail to comply with its terms and conditions. In that event, you will destroy any and all copies of the Software and all of its component parts. You agree to promptly de-install and delete all copies of the Software in your possession and discontinue any further use of 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 of this Agreement.
9. U. S. Export Restrictions. You agree to comply fully with all relevant export laws and regulations, including but not limited to the U.S. Export Administration Regulations and Executive Orders (Export Controls). You agree not to export, directly or indirectly, re-export, divert, or transfer the Software, any portion thereof or any materials, items or technology relating to InstallShield’s business or related technical data or any direct product thereof to any destination, company or person restricted or prohibited by Export Controls and you represent that your business and you not such a company or person.
10. Miscellaneous (a) Relationship of Parties. You and InstallShield are independent parties. Nothing in this EULA shall be construed as making you an employee, agent or legal representative of InstallShield. (b) Jurisdiction of Courts. You hereby consent to the exclusive jurisdiction of the courts situated in Cook County, Illinois for the resolution of any dispute arising out of or related to this EULA. (c) Entire Agreement. This EULA constitutes the complete and entire understanding and agreement of all terms, conditions and representations between you and InstallShield with respect to the Software. (d) Controlling Law This EULA shall be construed and enforced in accordance with the internal laws of the State of Illinois. Version Date: 2/4/03
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Adobe Reader License
ADOBE SYSTEMS INCORPORATED
Warranty Disclaimer and Software License Agreement.
THIS DOCUMENT INCLUDES WARRANTY INFORMATION (PART I) AND A LICENSE AGREEMENT GOVERNING THE USE OF ADOBE SOFTWARE (PART II).
PART I. WARRANTY DISCLAIMER.
THE SOFTWARE AND OTHER INFORMATION IS DELIVERED TO YOU «AS IS» AND WITH ALL FAULTS. ADOBE AND ITS SUPPLIERS AND CERTIFICATE AUTHORITIES DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, CERTIFICATE AUTHORITY SERVICES OR OTHER THIRD PARTY OFFERINGS. EXCEPT TO THE EXTENT ANY WARRANTY, CONDITION, REPRESENTATION OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE AND ITS SUPPLIERS AND CERTIFICATE AUTHORITIES 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.
PART II. SOFTWARE LICENSE AGREEMENT.
BY USING, COPYING OR DISTRIBUTING ALL OR ANY PORTION OF THE ADOBE SOFTWARE, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, IN PARTICULAR, THE PROVISIONS ON: USE CONTAINED IN SECTION 2; TRANSFERABILITY IN SECTION 4; CONNECTIVITY AND PRIVACY IN SECTION 6; WARRANTY IN SECTION 9 AND LIABILITY IN SECTIONS 10 AND 16. UPON ACCEPTANCE, THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND ANY ENTITY THAT OBTAINED THE SOFTWARE AND ON WHOSE BEHALF IT IS USED. IF YOU DO NOT AGREE, DO NOT USE THE SOFTWARE.
ADOBE PERMITS YOU TO USE THE SOFTWARE ONLY IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. USE OF SOME THIRD PARTY MATERIALS INCLUDED IN THE SOFTWARE MAY BE SUBJECT TO OTHER TERMS AND CONDITIONS TYPICALLY FOUND IN A SEPARATE LICENSE AGREEMENT, A «READ ME» FILE LOCATED NEAR SUCH MATERIALS OR IN THE «THIRD PARTY SOFTWARE NOTICES AND/OR ADDITIONAL TERMS AND CONDITIONS» FOUND AT {http://www.adobe.com/go/thirdparty}.
1. Definitions.
«Adobe» means Adobe Systems Incorporated, a Delaware corporation, 345 Park Avenue, San Jose, California 95110, if subsection 12(a) of this agreement applies; otherwise it means Adobe Systems Software Ireland Limited, Unit 3100, Lake Drive, City West Campus, Saggart D24, Republic of Ireland, a company organized under the laws of Ireland and an affiliate and licensee of Adobe Systems Incorporated. «Computer» means a virtual or physical personal electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions. «Software» means (a) all of the contents of the files (delivered electronically or on physical media), or disk(s) or other media with which this agreement is provided, which may include (i) Adobe or third party computer information or software, including Adobe Reader® («Adobe Reader»), Adobe® AIR™ («Adobe AIR»), Adobe Flash® Player, Shockwave® Player and Authorware® Player (collectively, Adobe AIR and the Flash, Shockwave and Authorware players are the «Adobe Runtimes»); (ii) related explanatory written materials or files («Documentation»); and (iii) fonts; and (b) upgrades, modified versions, updates, additions, and copies of the foregoing, provided to you by Adobe at any time (collectively, «Updates»). «Use» means to access, install, download, copy, or otherwise benefit from using the functionality of the Software.
2. Software License.
If you obtained the Software from Adobe or one of its authorized licensees, and subject to your compliance with the terms of this agreement, including the restrictions in Section 3, Adobe grants to you a non-exclusive license to use the Software in the manner and for the purposes described in the Documentation as follows:
2.1 General Use. You may install and use one copy of the Software on your compatible Computer. See Section 3 for important restrictions on the use of the Software.
2.2 Server Use. This agreement does not permit you to install or use the software on a computer file server. For information on use of software on a computer file server please refer to {http://www.adobe.com/go/acrobat_distribute} for information about Adobe Reader; or {http://www.adobe.com/go/licensing} for information about the Adobe Runtimes.
2.3 Distribution. This license does not grant you the right to sublicense or distribute the Software. For information about obtaining the right to distribute the Software on tangible media or through an internal network or with your product or service please refer to {http://www.adobe.com/go/acrobat_distribute} for information about Adobe Reader; or {http://www.adobe.com/go/licensing} for information about the Adobe Runtimes.
2.4 Backup Copy. You may make one backup copy of the Software, provided your backup copy is not installed or used. You may not transfer the rights to a backup copy unless you transfer all rights in the Software as provided under Section 4.
3. Obligations and Restrictions.
3.1 Adobe Runtime Restrictions. You will not use any Adobe Runtime on any non-PC device or with any embedded or device version of any operating system. For the avoidance of doubt, and by example only, you may not use an Adobe Runtime on any (a) mobile device, set top box (STB), handheld, phone, web pad, tablet and Tablet PC (other than with Windows XP Tablet PC Edition and its successors), game console, TV, DVD player, media center (other than with Windows XP Media Center Edition and its successors), electronic billboard or other digital signage, Internet appliance or other Internet-connected device, PDA, medical device, ATM, telematic device, gaming machine, home automation system, kiosk, remote control device, or any other consumer electronics device, (b) operator-based mobile, cable, satellite, or television system or (c) other closed system device. For information on licensing Adobe Runtimes for use on such systems please visit {http://www.adobe.com/go/licensing}.
3.2 Adobe Reader Restrictions. Adobe Reader is licensed and distributed by Adobe for viewing, distributing and sharing PDF files.
3.2.1 Conversion Restrictions. You will not integrate or use Adobe Reader with any other software, plug-in or enhancement that uses or relies upon Adobe Reader when converting or transforming PDF files into a different format (e.g., a PDF file into a TIFF, JPEG, or SVG file).
3.2.2 Plug-in Restrictions. You will not integrate or use Adobe Reader with any plug-in software not developed in accordance with the Adobe Integration Key License Agreement.
3.2.3 Disabled Features. Adobe Reader may contain features or functionalities that are hidden or appear disabled or «grayed out» (the «Disabled Features»). Disabled Features will activate only when opening a PDF document that was created using enabling technology available only from Adobe. You will not access, or attempt to access, any Disabled Features other than through the use of such enabling technologies, nor will you rely on Adobe Reader to create a feature substantially similar to any Disabled Feature or otherwise circumvent the technology that controls activation of any such feature. For more information on disabled features, please refer to {http://www.adobe.com/go/readerextensions}.
3.3 Notices. Any copy of the Software that you make must contain the same copyright and other proprietary notices that appear on or in the Software.
3.4 No Modification or Reverse Engineering. You may not modify, adapt, translate or create derivative works based upon the Software. You will not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software except to the extent you may be expressly permitted to reverse engineer or decompile under applicable law.
4. Transfer.
You may not rent, lease, sublicense, assign or transfer your rights in the Software, or authorize all or any portion of the Software to be copied onto another user’s Computer except as may be expressly permitted by this agreement. You may, however, transfer all your rights to use the Software to another person or legal entity provided that: (a) you also transfer (i) this agreement, and (ii) the Software and all other software or hardware bundled or pre-installed with the Software, including all copies, updates and prior versions, to such person or entity, (b) you retain no copies, including backups and copies stored on a Computer, and (c) the receiving party accepts the terms and conditions of this agreement and any other terms and conditions upon which you obtained a valid license to the Software. Notwithstanding the foregoing, you may not transfer education, pre-release, or not for resale copies of the Software.
5. Intellectual Property Ownership, Reservation of Rights.
The Software and any authorized copies that you make are the intellectual property of Adobe Systems Incorporated and its suppliers. The structure, organization and code of the Software are the valuable trade secrets and confidential information of Adobe Systems Incorporated and its suppliers. The Software is protected by law, including without limitation the copyright laws of the United States and other countries, and by international treaty provisions. Except as expressly stated herein, this agreement does not grant you any intellectual property rights in the Software and all rights not expressly granted are reserved by Adobe and its suppliers.
6. Connectivity and Privacy.
6.1 Use of PDF Files. When you use the Software to open a PDF file that has been enabled to display ads through registration with the Ads for Adobe PDF service, your computer may connect to a website operated by Adobe, an advertiser, or other third party. Your Internet Protocol (IP) address is sent when this happens. The party hosting the site may use technology to send (or «serve») advertising or other electronic content that appears in or near the opened file. The website operator may also use JavaScript, web beacons (also known as action tags or single-pixel gifs), and other technologies to increase and measure the effectiveness of advertisements and to personalize advertising content. Your communication with Adobe websites is governed by the Adobe Online Privacy Policy found at {http://www.adobe.com/go/privacy}. Adobe may not have access to or control over features that a third party may use, and the information practices of third party websites are not covered by the Adobe Online Privacy Policy.
6.2 Updating. You acknowledge and agree that the Software may cause your Computer to automatically connect to the Internet to check for updates that are available for automatic download to your Computer and to let Adobe know the Software is successfully installed. Only non-personal identifying information is transmitted to Adobe when this happens. Your communication with Adobe websites is governed by the Adobe Online Privacy Policy found at {http://www.adobe.com/go/privacy}. Please consult the Documentation for information about changing default update settings.
6.3 Settings Manager. Flash Player may cause certain user settings to be stored on your Computer as a local shared object. These settings are not associated with you, but allow you to configure certain settings within the Flash Player. You can find more information on local shared objects at {http://www.adobe.com/go/flashplayer_security} and more information on the Settings Manager at {http://www.adobe.com/go/settingsmanager}.
7. Third Party Offerings.
The Software may allow you to access and interoperate with third party websites, software applications, and data services, including rich Internet applications («Third Party Offerings»). Your access to and use of any Third Party Offering, including any goods, services or information, is governed by the terms and conditions respecting such offerings. Third Party Offerings are not owned or provided by Adobe.
8. Digital Certificates.
8.1 Use. Adobe AIR uses digital certificates to help you identify the publisher of Adobe AIR applications created by third parties. Adobe Reader uses digital certificates to sign and validate signatures within PDF documents and to validate certified PDF documents. Your Computer may connect to the Internet at the time of validation of a digital certificate. Digital certificates are issued by third party certificate authorities, including Adobe Certified Document Services (CDS) vendors listed at {http://www.adobe.com/go/partners_cds} («Certificate Authorities»), or can be self-signed.
8.2 Terms and Conditions. Purchase, use and reliance upon digital certificates is the responsibility of you and a Certificate Authority. Before you rely upon any certified document, digital signature or Certificate Authority services, you should review the applicable terms and conditions under which the relevant Certificate Authority provides services, including, for example, any subscriber agreements, relying party agreements, certificate policies and practice statements. See the links on {http://www.adobe.com/go/partners_cds} for information about Adobe’s CDS vendors.
8.3 Acknowledgement. You agree that (a) a digital certificate may have been revoked prior to the time of verification, making the digital signature or certificate appear valid when in fact it is not, (b) the security or integrity of a digital certificate may be compromised due to an act or omission by the signer of the document, the applicable Certificate Authority, or any other third party and (c) a certificate may be a self-signed certificate not provided by a Certificate Authority. YOU ARE SOLELY RESPONSIBLE FOR DECIDING WHETHER OR NOT TO RELY ON A CERTIFICATE. UNLESS A SEPARATE WRITTEN WARRANTY IS PROVIDED TO YOU BY A CERTIFICATE AUTHORITY, YOU USE DIGITAL CERTIFICATES AT YOUR SOLE RISK.
8.4 Third Party Beneficiaries. You agree that any Certificate Authority you rely upon is a third party beneficiary of this agreement and shall have the right to enforce this agreement in its own name as if it were Adobe.
8.5 Indemnity. You agree to hold Adobe and any applicable Certificate Authority (except as expressly provided in its terms and conditions) harmless from any and all liabilities, losses, actions, damages, or claims (including all reasonable expenses, costs, and attorneys fees) arising out of or relating to any use of, or reliance on, any service of such authority, including, without limitation (a) reliance on an expired or revoked certificate, (b) improper verification of a certificate, (c) use of a certificate other than as permitted by any applicable terms and conditions, this agreement or applicable law; (d) failure to exercise reasonable judgment under the circumstances in relying on issuer services or certificates or (e) failure to perform any of the obligations as required in the terms and conditions related to the services.
9. No Warranty.
The Software is being delivered to you «AS IS» and with ALL FAULTS. ADOBE AND ITS SUPPLIERS AND CERTIFICATE AUTHORITIES DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, CERTIFICATE AUTHORITY SERVICES OR OTHER THIRD PARTY OFFERINGS. EXCEPT TO THE EXTENT ANY WARRANTY, CONDITION, REPRESENTATION OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE AND ITS SUPPLIERS AND CERTIFICATE AUTHORITIES 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. The provisions of Section 9 and Section 10 shall survive the termination of this agreement, howsoever caused, but this shall not imply or create any continued right to use the Software after termination of this agreement.
10. Limitation of Liability.
IN NO EVENT WILL ADOBE, ITS SUPPLIERS, OR CERTIFICATE AUTHORITIES BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER INCLUDING 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, OR CLAIMS. 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 AND CERTIFICATE AUTHORITIES 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 and Certificate Authorities 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.
11. Export Rules.
You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations (collectively the «Export Laws»). In addition, if the Software is identified as export controlled items under the Export Laws, you represent and warrant that you are not a citizen, or otherwise located within, an embargoed nation (including without limitation Iran, Syria, Sudan, Cuba, and North Korea) 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.
12. 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 obtained when you are in the United States, Canada, or Mexico; or (b) in Japan, if a license to the Software is obtained 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) England, if a license to the Software is obtained when you are in any other jurisdiction not described above. The respective courts of Santa Clara County, California when California law applies, Tokyo District Court in Japan, when Japanese law applies, and the competent courts of England, when the law of England 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.
13. General Provisions.
If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of this agreement, which shall remain valid and enforceable according to its terms. This agreement shall not prejudice the statutory rights of any party dealing as a consumer. 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.
14. Notice to U.S. Government End Users.
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.
15. 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 Software at the time of the request is in conformity with your valid licenses from Adobe.
16. Specific Provisions and Exceptions.
16.1 Limitation of Liability for Users Residing in Germany and Austria.
16.1.1 If you obtained the Software in Germany or Austria, and you usually reside in such country, then Section 10 does not apply, Instead, subject to the provisions in Section 16.1.2, Adobe’s statutory liability for damages shall be limited as follows: (i) Adobe shall be liable only up to the amount of damages as typically foreseeable at the time of entering into the license agreement in respect of damages caused by a slightly negligent breach of a material contractual obligation and (ii) Adobe shall not be liable for damages caused by a slightly negligent breach of a non-material contractual obligation.
16.1.2 The aforesaid limitation of liability shall not apply to any mandatory statutory liability, in particular, to liability under the German Product Liability Act, liability for assuming a specific guarantee or liability for culpably caused personal injuries.
16.1.3 You are required to take all reasonable measures to avoid and reduce damages, in particular to make back-up copies of the Software and your computer data subject to the provisions of this agreement.
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 or via the web at {www.adobe.com} to contact the Adobe office serving your jurisdiction
Adobe, AIR, Authorware, Flash, Reader, and Shockwave are either registered trademarks or trademarks of Adobe Systems Incorporated in the United States and/or other countries.
Reader_Player_AIR_WWEULA-en_US-20080204_1313
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TOMCAT / Apache License
Version 2.0, January 2004
http://www.apache.org/licenses/
TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
1. Definitions.
«License» shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document.
«Licensor» shall mean the copyright owner or entity authorized by the copyright owner that is granting the License.
«Legal Entity» shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, «control» means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.
«You» (or «Your») shall mean an individual or Legal Entity exercising permissions granted by this License.
«Source» form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files.
«Object» form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types.
«Work» shall mean the work of authorship, whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work (an example is provided in the Appendix below).
«Derivative Works» shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof.
«Contribution» shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, «submitted» means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as «Not a Contribution.»
«Contributor» shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work.
2. Grant of Copyright License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form.
3. Grant of Patent License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed.
4. Redistribution. You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions:
(a) You must give any other recipients of the Work or Derivative Works a copy of this License; and
(b) You must cause any modified files to carry prominent notices stating that You changed the files; and
(c) You must retain, in the Source form of any Derivative Works that You distribute, all copyright, patent, trademark, and attribution notices from the Source form of the Work, excluding those notices that do not pertain to any part of the Derivative Works; and
(d) If the Work includes a «NOTICE» text file as part of its distribution, then any Derivative Works that You distribute must include a readable copy of the attribution notices contained within such NOTICE file, excluding those notices that do not pertain to any part of the Derivative Works, in at least one of the following places: within a NOTICE text file distributed as part of the Derivative Works; within the Source form or documentation, if provided along with the Derivative Works; or, within a display generated by the Derivative Works, if and wherever such third-party notices normally appear. The contents of the NOTICE file are for informational purposes only and do not modify the License. You may add Your own attribution notices within Derivative Works that You distribute, alongside or as an addendum to the NOTICE text from the Work, provided that such additional attribution notices cannot be construed as modifying the License.
You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use, reproduction, and distribution of the Work otherwise complies with the conditions stated in this License.
5. Submission of Contributions. Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Work by You to the Licensor shall be under the terms and conditions of this License, without any additional terms or conditions. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions.
6. Trademarks. This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file.
7. Disclaimer of Warranty. Unless required by applicable law or agreed to in writing, Licensor provides the Work (and each Contributor provides its Contributions) on an «AS IS» BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Work and assume any risks associated with Your exercise of permissions under this License.
8. Limitation of Liability. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages.
9. Accepting Warranty or Additional Liability. While redistributing the Work or Derivative Works thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability.
END OF TERMS AND CONDITIONS
APPENDIX: How to apply the Apache License to your work.
To apply the Apache License to your work, attach the following boilerplate notice, with the fields enclosed by brackets «[]» replaced with your own identifying information. (Don’t include the brackets!) The text should be enclosed in the appropriate comment syntax for the file format. We also recommend that a file or class name and description of purpose be included on the same «printed page» as the copyright notice for easier identification within third-party archives.
Copyright [yyyy] [name of copyright owner]
Licensed under the Apache License, Version 2.0 (the «License»); you may not use this file except in compliance with the License. You may obtain a copy of the License at
http://www.apache.org/licenses/LICENSE-2.0
Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an «AS IS» BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.
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GigaBase Distribution terms
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the Software), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
THE SOFTWARE IS PROVIDED «AS IS», WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHOR OF THIS SOFTWARE BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
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GNU LESSER GENERAL PUBLIC LICENSE
Version 3, 29 June 2007
Copyright (C) 2007 Free Software Foundation, Inc. <http://fsf.org/>
Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.
This version of the GNU Lesser General Public License incorporates the terms and conditions of version 3 of the GNU General Public License, supplemented by the additional permissions listed below.
0. Additional Definitions. As used herein, this License refers to version 3 of the GNU Lesser General Public License, and the GNU GPL refers to version 3 of the GNU General Public License.
The Library refers to a covered work governed by this License, other than an Application or a Combined Work as defined below.
An Application is any work that makes use of an interface provided by the Library, but which is not otherwise based on the Library. Defining a subclass of a class defined by the Library is deemed a mode of using an interface provided by the Library.
A Combined Work is a work produced by combining or linking an Application with the Library. The particular version of the Library with which the Combined Work was made is also called the Linked Version.
The Minimal Corresponding Source for a Combined Work means the Corresponding Source for the Combined Work, excluding any source code for portions of the Combined Work that, considered in isolation, are based on the Application, and not on the Linked Version.
The Corresponding Application Code for a Combined Work means the object code and/or source code for the Application, including any data and utility programs needed for reproducing the Combined Work from the Application, but excluding the System Libraries of the Combined Work.
1. Exception to Section 3 of the GNU GPL. You may convey a covered work under sections 3 and 4 of this License without being bound by section 3 of the GNU GPL.
2. Conveying Modified Versions. If you modify a copy of the Library, and, in your modifications, a facility refers to a function or data to be supplied by an Application that uses the facility (other than as an argument passed when the facility is invoked), then you may convey a copy of the modified version:
a) under this License, provided that you make a good faith effort to ensure that, in the event an Application does not supply the function or data, the facility still operates, and performs whatever part of its purpose remains meaningful, or
b) under the GNU GPL, with none of the additional permissions of this License applicable to that copy.
3. Object Code Incorporating Material from Library Header Files. The object code form of an Application may incorporate material from a header file that is part of the Library. You may convey such object code under terms of your choice, provided that, if the incorporated material is not limited to numerical parameters, data structure layouts and accessors, or small macros, inline functions and templates (ten or fewer lines in length), you do both of the following:
a) Give prominent notice with each copy of the object code that the Library is used in it and that the Library and its use are covered by this License.
b) Accompany the object code with a copy of the GNU GPL and this license document.
4. Combined Works. You may convey a Combined Work under terms of your choice that, taken together, effectively do not restrict modification of the portions of the Library contained in the Combined Work and reverse engineering for debugging such modifications, if you also do each of the following:
a) Give prominent notice with each copy of the Combined Work that the Library is used in it and that the Library and its use are covered by this License.
b) Accompany the Combined Work with a copy of the GNU GPL and this license document.
c) For a Combined Work that displays copyright notices during execution, include the copyright notice for the Library among these notices, as well as a reference directing the user to the copies of the GNU GPL and this license document.
d) Do one of the following:
0) Convey the Minimal Corresponding Source under the terms of this License, and the Corresponding Application Code in a form suitable for, and under terms that permit, the user to recombine or relink the Application with a modified version of the Linked Version to produce a modified Combined Work, in the manner specified by section 6 of the GNU GPL for conveying Corresponding Source.
1) Use a suitable shared library mechanism for linking with the Library. A suitable mechanism is one that (a) uses at run time a copy of the Library already present on the user’s computer system, and (b) will operate properly with a modified version of the Library that is interface-compatible with the Linked Version.
e) Provide Installation Information, but only if you would otherwise be required to provide such information under section 6 of the GNU GPL, and only to the extent that such information is necessary to install and execute a modified version of the Combined Work produced by recombining or relinking the Application with a modified version of the Linked Version. (If you use option 4d0, the Installation Information must accompany the Minimal Corresponding Source and Corresponding Application Code. If you use option 4d1, you must provide the Installation Information in the manner specified by section 6 of the GNU GPL for conveying Corresponding Source.)
5. Combined Libraries. You may place library facilities that are a work based on the Library side by side in a single library together with other library facilities that are not Applications and are not covered by this License, and convey such a combined library under terms of your choice, if you do both of the following:
a) Accompany the combined library with a copy of the same work based on the Library, uncombined with any other library facilities, conveyed under the terms of this License.
b) Give prominent notice with the combined library that part of it is a work based on the Library, and explaining where to find the accompanying uncombined form of the same work.
6. Revised Versions of the GNU Lesser General Public License. The Free Software Foundation may publish revised and/or new versions of the GNU Lesser General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns.
Each version is given a distinguishing version number. If the Library as you received it specifies that a certain numbered version of the GNU Lesser General Public License or any later version applies to it, you have the option of following the terms and conditions either of that published version or of any later version published by the Free Software Foundation. If the Library as you received it does not specify a version number of the GNU Lesser General Public License, you may choose any version of the GNU Lesser General Public License ever published by the Free Software Foundation.
If the Library as you received it specifies that a proxy can decide whether future versions of the GNU Lesser General Public License shall apply, that proxy’s public statement of acceptance of any version is permanent authorization for you to choose that version for the Library.
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OpenSLP license
The following copyright and license is applicable to the entire OpenSLP project (libslp, slpd, and related documentation):
Copyright (C) 2000 Caldera Systems, Inc
All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
— Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
— Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
— Neither the name of Caldera Systems nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS «AS IS» AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE CALDERA SYSTEMS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
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The OpenLDAP Public License
Version 2.8, 17 August 2003
Redistribution and use of this software and associated documentation («Software»), with or without modification, are permitted provided that the following conditions are met:
1. Redistributions in source form must retain copyright statements and notices,
2. Redistributions in binary form must reproduce applicable copyright statements and notices, this list of conditions, and the following disclaimer in the documentation and/or other materials provided with the distribution, and
3. Redistributions must contain a verbatim copy of this document.
The OpenLDAP Foundation may revise this license from time to time. Each revision is distinguished by a version number. You may use this Software under terms of this license revision or under the terms of any subsequent revision of the license.
THIS SOFTWARE IS PROVIDED BY THE OPENLDAP FOUNDATION AND ITS CONTRIBUTORS «AS IS» AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE OPENLDAP FOUNDATION, ITS CONTRIBUTORS, OR THE AUTHOR(S) OR OWNER(S) OF THE SOFTWARE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
The names of the authors and copyright holders must not be used in advertising or otherwise to promote the sale, use or other dealing in this Software without specific, written prior permission. Title to copyright in this Software shall at all times remain with copyright holders.
OpenLDAP is a registered trademark of the OpenLDAP Foundation.
Copyright 1999-2003 The OpenLDAP Foundation, Redwood City, California, USA. All Rights Reserved. Permission to copy and distribute verbatim copies of this document is granted.
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OpenPegasus License
Copyright (c) 2000, 2001, 2002 BMC Software; Hewlett-Packard Development Company, L.P.; IBM Corp.; The Open Group; Tivoli Systems. Copyright (c) 2003 BMC Software; Hewlett-Packard Development Company, L.P.; IBM Corp.; EMC Corporation, The Open Group. Copyright (c) 2004 BMC Software; Hewlett-Packard Development Company, L.P.; IBM Corp.; EMC Corporation; VERITAS Software Corporation; The Open Group. Copyright (c) 2005 Hewlett-Packard Development Company, L.P.; IBM Corp.; EMC Corporation; VERITAS Software Corporation; The Open Group. Copyright (c) 2006 Hewlett-Packard Development Company, L.P.; IBM Corp.; EMC Corporation; Symantec Corporation; The Open Group.
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the «Software»), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
THE ABOVE COPYRIGHT NOTICE AND THIS PERMISSION NOTICE SHALL BE INCLUDED IN ALL COPIES OR SUBSTANTIAL PORTIONS OF THE SOFTWARE. THE SOFTWARE IS PROVIDED «AS IS», WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
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FCollada License Agreement
Copyright (C) 1998-2003 Daniel Veillard. All Rights Reserved.
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the «Software»), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
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Xerces XML Parser / Log4Cxx logging framework License Agreement
1. Definitions.
«License» shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document.
«Licensor» shall mean the copyright owner or entity authorized by the copyright owner that is granting the License.
«Legal Entity» shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, «control» means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.
«You» (or «Your») shall mean an individual or Legal Entity exercising permissions granted by this License.
«Source» form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files.
«Object» form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types.
«Work» shall mean the work of authorship, whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work (an example is provided in the Appendix below).
«Derivative Works» shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof.
«Contribution» shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, «submitted» means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as «Not a Contribution.»
«Contributor» shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work.
2. Grant of Copyright License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form.
3. Grant of Patent License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed.
4. Redistribution. You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions:
You must give any other recipients of the Work or Derivative Works a copy of this License; and
You must cause any modified files to carry prominent notices stating that You changed the files; and
You must retain, in the Source form of any Derivative Works that You distribute, all copyright, patent, trademark, and attribution notices from the Source form of the Work, excluding those notices that do not pertain to any part of the Derivative Works; and
If the Work includes a «NOTICE» text file as part of its distribution, then any Derivative Works that You distribute must include a readable copy of the attribution notices contained within such NOTICE file, excluding those notices that do not pertain to any part of the Derivative Works, in at least one of the following places: within a NOTICE text file distributed as part of the Derivative Works; within the Source form or documentation, if provided along with the Derivative Works; or, within a display generated by the Derivative Works, if and wherever such third-party notices normally appear. The contents of the NOTICE file are for informational purposes only and do not modify the License. You may add Your own attribution notices within Derivative Works that You distribute, alongside or as an addendum to the NOTICE text from the Work, provided that such additional attribution notices cannot be construed as modifying the License. You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use, reproduction, and distribution of the Work otherwise complies with the conditions stated in this License.
5. Submission of Contributions. Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Work by You to the Licensor shall be under the terms and conditions of this License, without any additional terms or conditions. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions.
6. Trademarks. This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file.
7. Disclaimer of Warranty. Unless required by applicable law or agreed to in writing, Licensor provides the Work (and each Contributor provides its Contributions) on an «AS IS» BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Work and assume any risks associated with Your exercise of permissions under this License.
8. Limitation of Liability. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages.
9. Accepting Warranty or Additional Liability. While redistributing the Work or Derivative Works thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability.
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Zlib Licence Agreement
zlib.h — interface of the ‘zlib’ general purpose compression library
version 1.2.3, July 18th, 2005
Copyright (C) 1995-2005 Jean-loup Gailly and Mark Adler
This software is provided ‘as-is’, without any express or implied warranty. In no event will the authors be held liable for any damages arising from the use of this software.
Permission is granted to anyone to use this software for any purpose, including commercial applications, and to alter it and redistribute it freely, subject to the following restrictions:
1. The origin of this software must not be misrepresented; you must not claim that you wrote the original software. If you use this software in a product, an acknowledgment in the product documentation would be
appreciated but is not required.
2. Altered source versions must be plainly marked as such, and must not be misrepresented as being the original software.
3. This notice may not be removed or altered from any source distribution.
Jean-loup jloup@gzip.org
Gailly Mark Adler madler@alumni.caltech.edu
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ADOBE Software License Agreement
NOTICE TO USER: PLEASE READ THIS AGREEMENT CAREFULLY. BY COPYING, INSTALLING OR 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 SECTIONS 6 AND 7; LIABILITY IN SECTION 8; AND SPECIFIC PROVISIONS AND EXCEPTIONS IN SECTION 14. YOU AGREE THAT THIS AGREEMENT IS LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND ANY LEGAL ENTITY THAT OBTAINED THE SOFTWARE AND ON WHOSE BEHALF IT IS USED: FOR EXAMPLE, IF APPLICABLE, YOUR EMPLOYER. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE. VISIT http://www.adobe.com/support FOR TERMS OF AND LIMITATIONS ON RETURNING THE SOFTWARE FOR A REFUND.
YOU MAY HAVE ANOTHER WRITTEN AGREEMENT DIRECTLY WITH ADOBE (E.G., A VOLUME LICENSE AGREEMENT) THAT SUPPLEMENTS OR SUPERSEDES ALL OR PORTIONS OF THIS AGREEMENT.
ADOBE AND ITS SUPPLIERS OWN ALL INTELLECTUAL PROPERTY IN THE SOFTWARE. THE SOFTWARE IS LICENSED, NOT SOLD. ADOBE PERMITS YOU TO COPY, DOWNLOAD, INSTALL, USE, OR OTHERWISE BENEFIT FROM THE FUNCTIONALITY OR INTELLECTUAL PROPERTY OF THE SOFTWARE ONLY IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. USE OF SOME THIRD PARTY MATERIALS AND SERVICES INCLUDED IN OR ACCESSED THROUGH THE SOFTWARE MAY BE SUBJECT TO OTHER TERMS AND CONDITIONS TYPICALLY FOUND IN A SEPARATE LICENSE AGREEMENT, TERMS OF USE OR «READ ME» FILE LOCATED WITHIN OR NEAR SUCH MATERIALS AND SERVICES OR AT http://www.adobe.com/products/eula/third_party.
THE SOFTWARE MAY INCLUDE PRODUCT ACTIVATION AND OTHER TECHNOLOGY DESIGNED TO PREVENT UNAUTHORIZED USE AND COPYING, AND TECHNOLOGY TO HELP YOU MANAGE LICENSES. SUCH TECHNOLOGY MAY PREVENT YOUR USE OF THE SOFTWARE IF YOU DO NOT FOLLOW THE ACTIVATION, INSTALLATION, AND/OR LICENSE MANAGEMENT PROCESS DESCRIBED IN THE SOFTWARE AND DOCUMENTATION. VISIT http://www.adobe.com/support FOR INFORMATION ABOUT PRODUCT ACTIVATION AND LICENSE MANAGEMENT.
1. Definitions.
«Adobe» means Adobe Systems Incorporated, a Delaware corporation, 345 Park Avenue, San Jose, California 95110, if subsection 10 (a) of this agreement applies; otherwise it means Adobe Systems Software Ireland Limited, Unit 3100, Lake Drive, City West Campus, Saggart D24, Republic of Ireland, a company organized under the laws of Ireland and an affiliate and licensee of Adobe Systems Incorporated.
“Adobe Run-Time” means that portion of the Software required in order for the End User Product to operate on hardware on which the Software itself is not resident.
«Computer» means a computer device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions.
“End User Product” means an Output File, which contains the Adobe Run-Time, generated by you. Examples of End User Products include the courseware, presentations, demonstration files, interactive multimedia material, interactive entertainment products and the like.
«Internal Network» means a private, proprietary network resource accessible only by employees and individual contractors (i.e., temporary employees) of a specific corporation or similar business entity. Internal Network does not include portions of the Internet or any other network community open to the public, such as membership or subscription driven groups, associations and similar organizations.
“Output File” means an output file generated by you using the Software.
«Permitted Number» means one (1) unless otherwise indicated under a valid license (e.g., volume license) granted by Adobe.
«Software» means (a) all of the information with which this agreement is provided, including but not limited to (i) Adobe or third party software files and other computer information; (ii) sample and stock photographs, images, sounds, clip art and other artistic works bundled with Adobe software and not obtained from Adobe or another party through a separate service («Content Files»); (iii) related explanatory written materials and files («Documentation»); and (iv) fonts; and (b) any modified versions and copies of, and upgrades, updates and additions to, such information, provided to you by Adobe at any time, to the extent not provided under a separate agreement (collectively, «Updates»).
2. Software License. If you obtained the Software from Adobe or one of its authorized licensees and as long as you comply with the terms of this agreement, Adobe grants you a non-exclusive license to use the Software in the manner and for the purposes described in the Documentation, as further set forth below. See Section 14 for specific provisions related to the use of certain products and components, including font software, Acrobat, After Effects, Breeze Presenter, Bridge, ColdFusion, Contribute, Flash and Flash Player, and Version Cue.
2.1 General Use. You may install and use one copy of the Software on up to the Permitted Number of your compatible Computers; or
2.2 Server Deployment. You may install the Permitted Number of copies of the Software on the Permitted Number of Computer file server(s) within your Internal Network for the purpose of downloading and installing the Software on up to the Permitted Number of Computers within the same Internal Network; or
2.3 Server Use. You may install the Permitted Number of copies of the Software on the Permitted Number of Computer file server(s) within your Internal Network only for use of the Software initiated by an individual through commands, data or instructions (e.g., scripts) from a Computer within the same Internal Network. The total number of users (not the concurrent number of users) permitted to use the Software on such Computer file server(s) may not exceed the Permitted Number. No other network installation or access (either directly or through commands, data or instructions) is permitted, including, but not limited to: (i) from or to a Computer not part of your Internal Network, (ii) for enabling web hosted workgroups or services available to the public, (iii) by any individual or entity to use, download, copy or otherwise benefit from the functionality of the Software unless licensed to do so by Adobe, (iv) as a component of a system, workflow or service accessible by more than the Permitted Number of users, or (v) for operations not initiated by an individual user (e.g., high-volume automated server processing of wire feed content); and
2.4 Portable or Home Computer Use. Subject to the important restrictions set forth in Section 2.5 below, the primary user of the Computer on which the Software is installed (“Primary User”) may install a second copy of the Software for his or her exclusive use on either a portable Computer or a Computer located at his or her home, provided that the Software on the portable or home Computer is not used at the same time as the Software on the primary Computer. You may be required to contact Adobe in order to make a second copy.
2.5 Restrictions on Secondary Use by Volume Licensees. If the Software was obtained under an Adobe volume license program (currently known as Adobe Open Options) by any licensee other than an educational volume licensee, the second copy of the Software made under Section 2.4 must be used solely for the benefit and business of that volume licensee. For more information about secondary use by volume licensees, please visit our website at http://www.adobe.com/aboutadobe/openoptions.
2.6 Backup Copy. You may make a reasonable number of backup copies of the Software, provided your backup copies are not installed or used for other than archival purposes.
2.7 Run-Time Distribution. You may make copies of the End User Product, and the associated Adobe Run-Time, and distribute those copies; provided, however, that (a) the Adobe Run-Time may not be distributed or used other than as bundled with the Output File as part of the End User Product, and (b) you shall make use of the Adobe Run-Time by each distributee subject to the distributee’s agreement that no title to, or ownership rights in, the Adobe Run-Time are transferred and that the End User Product, including the Adobe Run-Time, shall not be reverse compiled or disassembled. In addition, you may not distribute an End User Product for purposes of replaying the courseware, presentations, interactive multimedia material, interactive entertainment products and the like of others.
2.8 Content Files. Unless stated otherwise in the «Read-Me» files associated with the Content Files, which may include specific rights and restrictions with respect to such materials, you may display, modify, reproduce and distribute any of the Content Files. However, you may not distribute the Content Files on a stand-alone basis (i.e., in circumstances in which the Content Files constitute the primary value of the product being distributed). Content 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 unlawful manner. You may not claim any trademark rights in the Content Files or derivative works thereof. Content Files do not include stock photographs or other content not bundled with Adobe software, for example, images obtained through the Adobe Stock Photos service.
2.9 Sample Application Code. Unless otherwise set forth in the documentation relating to such code and/or the Software or in a separate agreement between you and Adobe, you may modify the source code form of those portions of such software programs that are identified as sample code, sample application code, or components (each, “Sample Application Code”) in the accompanying documentation solely for the purposes of designing, developing and testing websites and website applications developed using Adobe software programs; provided, however, you are permitted to copy and distribute the Sample Application Code (modified or unmodified) only if all of the following conditions are met: (1) you distribute the compiled object Sample Application Code with your application; (2) you do not include the Sample Application Code in any product or application designed for website development; and (3) you do not use the Adobe name, logos or other Adobe trademarks to market your application. You agree to indemnify, hold harmless and defend Adobe from and against any loss, damage, claims or lawsuits, including attorney’s fees, that arise or result from the use or distribution of your application.
3. Intellectual Property Ownership. The Software and any authorized copies that you make are the intellectual property of and are owned by Adobe Systems Incorporated and its suppliers. The structure, organization and code of the Software are the valuable trade secrets and confidential information of Adobe Systems Incorporated and its suppliers. The Software is protected by law, including but not limited to the copyright laws of the United States and other countries, and by international treaty provisions. Except as expressly stated herein, this agreement does not grant you any intellectual property rights in the Software and all rights not expressly granted are reserved by Adobe and its suppliers.
4. Restrictions.
4.1 Notices. You may not copy the Software except as set forth in Section 2 and 14. Any permitted copy of the Software that you make must contain the same copyright and other proprietary notices that appear on or in the Software.
4.2 No Modifications. Except as permitted in Section 14, you may not modify, adapt or translate the Software. You may not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software except to the extent you may be expressly permitted under applicable law to decompile only in order to achieve interoperability with the Software.
4.3 No Unbundling. The Software may include various applications, utilities and components, may support multiple platforms and languages and may be provided to you on multiple media or in multiple copies. Nonetheless, the Software is designed and provided to you as a single product to be used as a single product on Computers as permitted by Sections 2 and 14. You are not required to use all component parts of the Software, but you may not unbundle the component parts of the Software for use on different Computers. You may not unbundle or repackage the Software for distribution, transfer or resale. See Section 14 for specific exceptions to this Section.4.3.
4.4 No Transfer. YOU MAY NOT RENT, LEASE, SELL, SUBLICENSE, ASSIGN OR TRANSFER YOUR RIGHTS IN THE SOFTWARE, OR AUTHORIZE ANY PORTION OF THE SOFTWARE TO BE COPIED ONTO ANOTHER INDIVIDUAL OR LEGAL ENTITY’S COMPUTER EXCEPT AS MAY BE PERMITTED HEREIN. You may, however, permanently transfer all your rights to use the Software to another individual or legal entity provided that: (a) you also transfer (i) this agreement, (ii) the serial number(s), the Software and all other software or hardware bundled, packaged or pre-installed with the Software, including all copies, upgrades, updates and prior versions, and (iii) all copies of font software converted into other formats to such individual or entity; (b) you retain no upgrades, updates or 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 under which you purchased a valid license to the Software. NOTWITHSTANDING THE FOREGOING, YOU MAY NOT TRANSFER EDUCATION, PRE-RELEASE, OR NOT FOR RESALE COPIES OF THE SOFTWARE. Prior to a transfer Adobe may require that you and the receiving party confirm in writing your compliance with this agreement, provide Adobe with information about yourselves, and register as end-users of the Software. Allow 4-6 weeks to transfer. Please visit http://www.adobe.com/support or contact Adobe’s Customer Support Department for more information.
5. Updates. If the Software is an upgrade or update to a previous version of Adobe software, you must possess a valid license to such previous version in order to use such upgrade or update. After you install such update or upgrade, you may continue to use any such previous version in accordance with its end-user license agreement only if (a) the upgrade or update and all previous versions are installed on the same device, (b) the previous versions or copies thereof are not transferred to another party or device unless all copies of the update or upgrade are also transferred to such party or device and (c) you acknowledge that any obligation Adobe may have to support the previous version(s) may be ended upon the availability of the upgrade or update. No other use of the previous version(s) is permitted after installation of an update or upgrade. Upgrades and updates may be licensed to you by Adobe with additional or different terms.
6. LIMITED WARRANTY. Except as may be otherwise provided in Section 14, Adobe warrants to the individual or entity that first purchases a license for the Software for use pursuant to the terms of this agreement that the Software will perform substantially in accordance with the Documentation for the ninety (90) day period following receipt of the Software when used on the recommended operating system and hardware configuration. Non-substantial variation of performance from the Documentation does not establish a warranty right. THIS LIMITED WARRANTY DOES NOT APPLY TO PATCHES, FONT SOFTWARE CONVERTED INTO OTHER FORMATS, PRE-RELEASE (BETA), TRYOUT, STARTER, EVALUATION, PRODUCT SAMPLER, OR NOT FOR RESALE (NFR) COPIES OF SOFTWARE, OR WEBSITES, ONLINE SERVICES OR CD SERVICES (See Section 14). All warranty claims must be made, along with proof of purchase, to the Adobe Customer Support Department within such ninety (90) day period. Visit the Adobe Customer Support pages at http://www.adobe.com/support for more information about warranty claims. If the Software does not perform substantially in accordance with the Documentation, the entire liability of Adobe and its affiliates and your exclusive remedy will be limited to either, at Adobe’s option, replacement of the Software or refund of the license fee you paid for the Software. THE LIMITED WARRANTY SET FORTH IN THIS SECTION GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE ADDITIONAL RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. For further warranty information, please see the jurisdiction specific provisions at the end of this agreement, if any, or contact the Adobe Customer Support Department.
7. DISCLAIMER. THE FOREGOING LIMITED WARRANTY IS THE ONLY WARRANTY MADE BY ADOBE AND ITS AFFILIATES AND STATES THE SOLE AND EXCLUSIVE REMEDIES FOR ADOBE, ITS AFFILIATES OR SUPPLIERS’ BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY AND ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE AND ITS AFFILIATES AND SUPPLIERS PROVIDE THE SOFTWARE AND ACCESS TO ANY WEBSITES, ONLINE SERVICES AND CD SERVICES AS-IS AND WITH ALL FAULTS AND EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY MATTER, INCLUDING BUT NOT LIMITED TO PERFORMANCE, SECURITY, NON- INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, MERCHANTABILITY, QUIET ENJOYMENT, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE. THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME STATES. The provisions of Sections 7 and Section 8 will survive the termination of this agreement, howsoever caused, but this will not imply or create any continued right to use the Software after termination of this Agreement.
8. LIMITATION OF LIABILITY. EXCEPT FOR THE EXCLUSIVE REMEDY SET FORTH ABOVE AND AS OTHERWISE PROVIDED IN SECTION 14, IN NO EVENT WILL ADOBE OR ITS AFFILIATES OR SUPPLIERS BE LIABLE TO YOU FOR ANY LOSS, DAMAGES, CLAIMS OR COSTS WHATSOEVER INCLUDING ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, ANY LOST PROFITS OR LOST SAVINGS, ANY DAMAGES RESULTING FROM BUSINESS INTERRUPTION, PERSONAL INJURY OR FAILURE TO MEET ANY DUTY OF CARE, OR CLAIMS BY A THIRD PARTY, EVEN IF AN ADOBE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. ADOBE’S AGGREGATE LIABILITY AND THAT OF ITS AFFILIATES AND SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY. THIS LIMITATION WILL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OR A BREACH OF THE FUNDAMENTAL OR MATERIAL TERMS OF THIS AGREEMENT. THIS LIMITATION OF LIABILITY MAY NOT BE VALID IN SOME STATES. 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 affiliates and suppliers for the purpose of disclaiming, excluding and limiting obligations, warranties and liability, 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 the Adobe 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 an export controlled item under the Export Laws, you represent and warrant that you are not a citizen of, or located within, an embargoed or otherwise restricted nation (including without limitation Iran, Syria, Sudan, Libya, Cuba and North Korea) and that you are not otherwise prohibited under the Export Laws from receiving the Software. All rights to use the Software are granted on condition that such rights are forfeited if you fail to comply with the terms of this agreement.
10. Governing Law. This agreement will be governed by and construed in accordance with the substantive laws in force in: (a) the State of California, if a license to the Software is purchased when you are in the United States, Canada, or Mexico; or (b) Japan, if a license to the Software is purchased when you are in Japan, China, Korea, or other Southeast Asian country where all official languages are written in either an ideographic script (e.g., hanzi, kanji, or hanja), and/or other script based upon or similar in structure to an ideographic script, such as hangul or kana; or (c) England, if a license to the Software is purchased when you are in any jurisdiction not described above. The respective courts of Santa Clara County, California when California law applies, Tokyo District Court in Japan, when Japanese law applies, and the competent courts of London, England, when the law of England applies, shall each have non- exclusive jurisdiction over all disputes relating to this agreement. This agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
11. General Provisions. If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of this agreement, which will remain valid and enforceable according to its terms. This agreement will not prejudice the statutory rights of any party dealing as a consumer. For example, for consumers in New Zealand who obtain the Software for personal, domestic or household use (not business purposes), this agreement is subject to the Consumer Guarantees Act. This agreement may only be modified by a writing signed by an authorized officer of Adobe. The English version of this agreement will be the version used when interpreting or construing this agreement. This is the entire agreement between Adobe and you relating to the Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software.
12. Notice to U.S. Government End Users.
12.1 Commercial Items. The Software and Documentation are «Commercial Item(s),» as that term is defined at 48 C.F.R. Section 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. Sections 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States. Adobe Systems Incorporated, 345 Park Avenue, San Jose, CA 95110-2704, USA.
12.2 U.S. Government Licensing of Adobe Technology. You agree that when licensing Adobe Software for acquisition by the U.S. Government, or any contractor therefore, you will license consistent with the policies set forth in 48 C.F.R. Section 12.212 (for civilian agencies) and 48 C.F.R. Sections 227-7202-1 and 227-7202-4 (for the Department of Defense). For U.S. Government End Users, Adobe agrees to comply with all applicable equal opportunity laws including, if appropriate, the provisions of Executive Order 11246, as amended, Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC 4212), and Section 503 of the Rehabilitation Act of 1973, as amended, and the regulations at 41 CFR Parts 60-1 through 60-60, 60-250, and 60-741. The affirmative action clause and regulations contained in the preceding sentence will be incorporated by reference in this agreement.
13. Compliance with Licenses. If you are a business, company or organization, you agree that upon request from Adobe or its authorized representative you will within thirty (30) days fully document and certify that use of any and all Adobe software at the time of the request is in conformity with your valid licenses from Adobe.
14. Specific Provisions and Exceptions. This section sets forth specific provisions related to certain products and components of the Software as well as limited exceptions to the above terms and conditions. To the extent that any provision in this section is in conflict with any other term or condition in this agreement, this section will supersede such other term or condition.
14.1 Limited Warranty for Users Residing in Germany or Austria. If you obtained the Software in Germany or Austria, and you usually reside in such country, then Section 6 does not apply; instead, Adobe warrants that the Software provides the functionalities set forth in the Documentation (the «agreed upon functionalities») for the limited warranty period following receipt of the Software when used on the recommended hardware configuration. As used in this Section, «limited warranty period» means one (1) year if you are a business user and two (2) years if you are not a business user. Non-substantial variation from the agreed upon functionalities will not and does not establish any warranty rights. THIS LIMITED WARRANTY DOES NOT APPLY TO SOFTWARE PROVIDED TO YOU FREE OF CHARGE, FOR EXAMPLE, UPDATES, PRE-RELEASE, TRYOUT, STARTER, PRODUCT SAMPLER AND NOT FOR RESALE (NFR) COPIES OF SOFTWARE, OR TO FONT SOFTWARE CONVERTED INTO OTHER FORMATS, WEB SITES, ONLINE SERVICES, CD SERVICES OR SOFTWARE THAT HAS BEEN ALTERED BY YOU, TO THE EXTENT SUCH ALTERATION CAUSED A DEFECT. To make a warranty claim, during the limited warranty period you must return, at our expense, the Software and proof of purchase to the location where you obtained it. If the functionalities of the Software vary substantially from the agreed upon functionalities, Adobe is entitled — by way of re-performance and at its own discretion — to repair or replace the Software. If this fails, you are entitled to a reduction of the purchase price (reduction) or to cancel the purchase agreement (rescission). For further warranty information, please contact the Adobe Customer Support Department.
14.2 Limitation of Liability for Users Residing in Germany and Austria.
14.2.1 If you obtained the Software in Germany or Austria, and you usually reside in such country, then Section 8 does not apply. Instead, subject to the provisions in Section 14.2.2, Adobe and its affiliates’ statutory liability for damages will be limited as follows: (i) Adobe and its affiliates will be liable only up to the amount of damages as typically foreseeable at the time of entering into the purchase agreement in respect of damages caused by a slightly negligent breach of a material contractual obligation and (ii) Adobe and its affiliates will not be liable for damages caused by a slightly negligent breach of a non-material contractual obligation.
14.2.2 The aforesaid limitation of liability will not apply to any mandatory statutory liability, in particular, to liability under the German Product Liability Act, liability for assuming a specific guarantee or liability for culpably caused personal injuries.
14.2.3 You are required to take all reasonable measures to avoid and reduce damages, in particular to make back-up copies of the Software and your computer data subject to the provisions of this agreement.
14.3 Pre-release Software Additional Terms. If the Software is pre-commercial release or beta software («Pre-release Software»), then this Section applies. The Pre-release 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. Adobe may never commercially release the Pre-release Software. If you received 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 will return or destroy all copies of Pre-release Software upon request by Adobe or upon Adobe’s commercial release of such Software. YOUR USE OF PRE-RELEASE SOFTWARE IS AT YOUR OWN RISK. SEE SECTIONS 7 and 8 FOR WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS WHICH GOVERN PRE-RELEASE SOFTWARE.
14.4 Tryout, Product Sampler, NFR, Additional Terms. If the Software is tryout, starter, product sampler, or NFR software («Tryout Software»), then the following Section applies. The Tryout Software may contain limited functionality and is to be used for demonstration and evaluation purposes only and not for your commercial purposes. YOUR USE OF TRYOUT SOFTWARE IS AT YOUR OWN RISK. SEE SECTIONS 7 and 8 FOR WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS WHICH GOVERN TRYOUT SOFTWARE.
14.5 Time Out Software. If the Software is a timeout version then it will cease operations after a designated period of time or number of launches following installation. The license hereunder will terminate after such period or number of launches unless extended by Adobe upon your acquisition of a full retail license. ACCESS TO ANY FILES OR OUTPUT CREATED WITH SUCH SOFTWARE OR ANY PRODUCT ASSOCIATED WITH SUCH SOFTWARE IS ENTIRELY AT YOUR OWN RISK.
14.6 Educational Software Product. If the Software accompanying this agreement is Educational Software Product (Software manufactured and distributed for use by only Educational End Users), you are not entitled to use the Software unless you qualify in your jurisdiction as an Educational End User. Please visit http://www.adobe.com/education/purchasing to learn if you qualify. To find an Adobe Authorized Academic Reseller in your area, please visit http://www.adobe.com/store and look for the link for Buying Adobe Products Worldwide.
14.7. Font Software. If the Software includes font software —
14.7.1 You may use the font software with the Software on Computers as described in Section 2 and output the font software to any output device(s) connected to such Computer(s).
14.7.2 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 the font software remain resident in such output device, and of one more such output device for every multiple of five represented by the Permitted Number of Computers.
14.7.3 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.
14.7.4 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 will be considered as one of your Permitted Number of Computers. Use of the font software you have converted will 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 Section 4.4 of this agreement.
14.7.5 You may embed copies of the font software into your electronic documents for the purpose of printing and viewing the document. If the font software you are embedding is identified as «licensed for editable embedding» on Adobe’s website at http://www.adobe.com/type/browser/legal/embeddingeula.html, you may also embed copies of that font software for the additional purpose of editing your electronic documents. No other embedding rights are implied or permitted under this license.
14.8 Online Services.
14.8.1 The Software may rely upon or facilitate your access to websites maintained by Adobe or its affiliates or third parties offering goods, information, software and services (e.g., the Adobe Stock Photos service) («Online Services»). Your access to and use of any website or online services is governed by the terms, conditions, disclaimers and notices found on such site or otherwise associated with such services, for example, the Terms of Use located at http://www.adobe.com/misc/copyright.html. Adobe may at any time, for any reason, modify or discontinue the availability of any website and Online Services.
14.8.2 Adobe does not control, endorse or accept responsibility for websites or Online Services offered by third parties. Any dealings between you and any third party in connection with a website or Online Services, including delivery of and payment for goods and services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party.
14.8.3 EXCEPT AS EXPRESSLY AGREED BY ADOBE OR ITS AFFILIATES OR A THIRD PARTY IN A SEPARATE AGREEMENT, YOUR USE OF WEBSITES AND ONLINE SERVICES IS AT YOUR OWN RISK UNDER THE WARRANTY AND LIABILITY LIMITATIONS OF SECTIONS 7 AND 8.
14.9 After Effects Professional Render Engine. If the Software includes the full version of Adobe After Effects Professional, then you may install an unlimited number of Render Engines on Computers within your Internal Network that includes at least one Computer on which the full version of the Adobe After Effects Professional software is installed. The term «Render Engine» means an installable portion of the Software that allows After Effects projects to be rendered but cannot be used to create or modify projects and does not include the complete After Effects user interface.
14.10 Bridge Component. If the Software includes Adobe Bridge, then as a limited exception to the restrictions on modification set forth in Section 4.2, you may customize the HTML portions of the Bridge start page.
14.11 Version Cue Software. If the Software includes Adobe Creative Suite software and the Version Cue software components, then as an alternative to installing and using a single copy of the Version Cue Workspace component with the other components of the Software as permitted in Section 2.1, you may install the Version Cue Workspace component on one file server within your Internal Network that includes at least one Computer on which Adobe Creative Suite software is installed. You may use Version Cue Workspace software only for the purpose of operating a workspace accessible only by Computers on such Internal Network. No other network use is permitted, including, but not limited to using the Software to enable web hosted workgroups or services available to the public.
14.12 Certified Documents. If the Software allows you to author and validate Certified Documents, then this Section applies.
14.12.1 Certified Documents and CD Services. A «Certified Document» or «CD» is a PDF file that has been digitally signed using (a) the Software CD feature set; (b) a certificate; and (c) a «private» encryption key that corresponds to the «public» key in the certificate. Authoring of a CD requires that you obtain a certificate from an authorized CD Service Provider. «CD Service Provider» is an independent third party service vendor listed at http://www.adobe.com/security/partners_cds.html. Validation of a CD requires CD Services from the CD Service Provider that issued the certificate. «CD Services» are services provided by CD Service Providers, including but not limited to (a) certificates issued by such CD Service Provider for use with the Software’s CD feature set; (b) services related to issuance of certificates; and (c) other services related to certificates, including but not limited to verification services.
14.12.2 CD Service Providers. Although the Software provides CD authoring and validation features, Adobe does not supply the necessary CD Services required to use these features. Purchasing, availability and responsibility for the CD Services are between you and the CD Service Provider. Before you rely upon any CD, any digital signature applied thereto, and/or any related CD Services, you must first review and agree to the applicable Issuer Statement and this agreement. «Issuer Statement» means the terms and conditions under which each CD Service Provider offers CD Services (see the links on http://www.adobe.com/security/partners_cds.html), including for example any subscriber agreements, relying party agreements, certificate policies and practice statements, and Section 14.12 of this agreement. By validating a CD using CD Services, you acknowledge and agree that (a) the certificate used to digitally sign a CD may be revoked at the time of verification, making the digital signature on the CD appear valid when in fact it is not; (b) the security or integrity of a CD may be compromised due to an act or omission by the signer of the CD, the applicable CD Service Provider, or any other third party; and (c) you must read, understand, and be bound by the applicable Issuer Statement.
14.12.3 Warranty Disclaimer and Limitation of Liability. CD Service Providers offer CD Services solely in accordance with the applicable Issuer Statement. EXCEPT AS MAY BE PROVIDED IN AN ISSUER STATEMENT, YOUR USE OF CD SERVICES IS AT YOUR OWN RISK. SEE SECTIONS 7 AND 8 FOR WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS WHICH GOVERN CD SERVICES.
14.12.4 Indemnity. You agree to hold Adobe and any applicable CD Service Provider (except as expressly provided in its Issuer Statement) harmless from any and all liabilities, losses, actions, damages, or claims (including all reasonable expenses, costs, and attorneys fees) arising out of or relating to any use of, or reliance on, any CD Service, including, without limitation (a) reliance on an expired or revoked certificate; (b) improper verification of a certificate; (c) use of a certificate other than as permitted by any applicable Issuer Statement, this agreement or applicable law; (d) failure to exercise reasonable judgment under the circumstances in relying on the CD Services; or (e) failure to perform any of the obligations as required in an applicable Issuer Statement.
14.12.5 Third Party Beneficiaries. You agree that any CD Service Provider you utilize will be a third party beneficiary with respect to this Section of this agreement and that such CD Service Provider will have the right to enforce such provisions in its own name as if the CD Service Provider were Adobe.
14.13 Acrobat Professional and Acrobat 3D Feature. 14.13.1 Definitions.
14.13.1.1 «Deploy» means to deliver or otherwise make available, directly or indirectly, by any means, an Extended Document to one or more recipients.
14.13.1.2 «Extended Document» means a Portable Document Format file manipulated by Acrobat Professional or Acrobat 3D Software to enable the ability to locally save documents with filled-in PDF forms.
14.13.2 If the Software includes Acrobat Professional or Acrobat 3D, the Software includes enabling technology that allows you to enable PDF documents with certain features through the use of a digital credential located within the Software (“Key”). You agree not to access, attempt to access, control, disable, remove, use or distribute the Key for any purpose.
14.13.3 For any unique Extended Document, you may only either (a) Deploy such Extended Document to an unlimited number of unique recipients but shall not extract information from more than five hundred (500) unique instances of such Extended Document or any hardcopy representation of such Extended Document containing filled form fields; or (b) Deploy such Extended Document to no more than five hundred (500) unique recipients without limits on the number of times you may extract information from such Extended Document returned to you filled-in by such Recipients. Notwithstanding anything herein to the contrary, obtaining additional licenses to use Acrobat Professional or Acrobat 3D shall not increase the foregoing limits (that is, the foregoing limits are the aggregate total limits regardless of how many additional licenses to use Acrobat Professional or Acrobat 3D you may have obtained).
14.14 Acrobat 3D Capture Utility. If the Software includes the Acrobat 3D Capture Utility, in addition to installing the Software as permitted under Section 2 above, you may install such utility separately on a single Unix Computer.
14.15 FlashPaper Printer. Notwithstanding anything herein to the contrary, you may not (a) install FlashPaper Printer on a server for multiple user access or use or (b) modify or replace the FlashPaper Printer viewer user interface that displays FlashPaper documents.
14.16 Flash and Shockwave Player. Your rights to use any Flash player, projector, standalone player, plug-in, or ActiveX control provided to you as part of or with the Software shall be solely as set forth in the following link, http://www.adobe.com/products/eula/tools/flashplayer_usage.html. Your rights to use any Shockwave player, projector, standalone player, plug-in, or ActiveX control provided to you as part of or with the Software shall be solely as set forth in the following link, http://www.adobe.com/products/eulas/players/shockwave/. Unless and except as provided therein, you shall have no rights to use or distribute such software.
14.17 Flash, Professional Edition, In addition to the computer on which you install and use the Flash, Professional Edition, you may install and use the Flash Video Encoder provided with the copy of the Flash Professional software on a computer that is separate from the computer on which you have installed and use such copy of the Flash Professional software, provided that (a) the Flash Video Encoder is used solely in connection with content you create using Flash Professional software and (b) the Flash Video Encoder is not installed or used after the time you are no longer the primary user of the primary computer on which such copy of the Flash Professional software is installed.
14.18 Contribute Publishing Services. Subject to the Contribute Publishing Services software end user license agreement accompanying such software, you shall not connect to the Contribute Publishing Services software unless you have purchased a license to connect to such Contribute Publishing Services software for each individual who may connect to such Contribute Publishing Services software; provided, however, Trial Versions of Adobe Contribute software may install and connect to the Contribute Publishing Services software in accordance with the Contribute Publishing Services software end user license agreement.
14.19 ColdFusion Report Builder: You may install and use the Software on as many single computers as you need. You shall only use and/or read the output file created from the Software only with or on ColdFusion software. You shall not decrypt or reverse engineer any output file created from the Software.
14.20 Adobe Breeze Presenter. If the Software includes Adobe Breeze Presenter, then if you install or use the Adobe Breeze Player application (the “Breeze Player”) in connection with the use of the Software, you agree that you will install and use the Breeze Player only on a desktop computer and not on any non-PC product, including, but not limited to, a web appliance, set top box (STB), handheld, phone, or web pad device. Further, the portion of the Software that is embedded in a presentation, information, or content created and generated using the Software (the “Breeze Run-Time”) may only be used together with the presentation, information, or content in which it is embedded. You shall not use, and shall cause all licensees of such presentation, information, or content not to use, the Breeze Run-Time other than as embedded in such presentation, information or content. In addition, you shall not, and you shall cause all licensees of such presentation, information, or content not to, modify, reverse engineer, or disassemble the Breeze Run-Time.
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, After Effects, Breeze, ColdFusion, Contribute, Flash, FlashPaper, Shockwave and Version Cue are either the registered trademarks or trademarks of Adobe Systems Incorporated in the United States and/or other countries. All other trademarks are the property of their respective owners.
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MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT VISUAL STUDIO 2005 PROFESSIONAL EDITION
These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft
• updates,
• supplements,
• Internet-based services, and
• support services
for this software, unless other terms accompany those items. If so, those terms apply.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE. INSTEAD, RETURN IT TO THE RETAILER FOR A REFUND OR CREDIT. If you cannot obtain a refund there, contact Microsoft or the Microsoft affiliate serving your country for information about Microsoft’s refund policies. See www.microsoft.com/worldwide. In the United States and Canada, call (800) MICROSOFT or see www.microsoft.com/info/nareturns.htm.
AS DESCRIBED BELOW, USING SOME FEATURES ALSO OPERATES AS YOUR CONSENT TO THE TRANSMISSION OF CERTAIN STANDARD COMPUTER INFORMATION FOR INTERNET-BASED SERVICES.
NOTICE: APPLICATIONS AND SERVICES BUILT WITH MICROSOFT VISUAL J# 2005 WILL RUN ONLY IN THE MICROSOFT .NET FRAMEWORK. VISUAL J# 2005 HAS BEEN INDEPENDENTLY DEVELOPED BY MICROSOFT. IT IS NOT ENDORSED OR APPROVED BY SUN MICROSYSTEMS, INC.
——————————
IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW FOR EACH LICENSE YOU ACQUIRE.
1. OVERVIEW.
a. Software. The software includes development tools, software programs and documentation.
b. License Model. The software is licensed on a per user basis.
2. INSTALLATION AND USE RIGHTS.
a. General. One user may install and use copies of the software to design, develop, test and demonstrate your programs. Testing does not include staging on a server in a production environment, such as loading content prior to production use.
b. Included Microsoft Programs. These license terms apply to all Microsoft programs included with the software. If the license terms with any of those programs give you other rights that do not expressly conflict with these license terms, you also have those rights.
c. Third Party Programs. The software contains third party programs. The license terms with those programs apply to your use of them.
3. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.
a. User Testing. Your end users may access the software to perform acceptance tests on your programs.
b. Distributable Code. The software contains code that you are permitted to distribute in programs you develop if you comply with the terms below.
i. Right to Use and Distribute. The code and text files listed below are “Distributable Code.”
• REDIST.TXT Files. You may copy and distribute the object code form of code listed in REDIST.TXT files.
• Sample Code. You may modify, copy, and distribute the source and object code form of code marked as “sample.”
• Microsoft Merge Modules. You may copy and distribute the unmodified output of Microsoft Merge Modules.
• MFCs, ATLs and CRTs. You may modify the source code form of Microsoft Foundation Classes (MFCs), Active Template Libraries (ATLs), and C runtimes (CRTs) to design, develop and test your programs, and copy and distribute the object code form of your modified files under a new name.
• MDAC. You may copy and distribute the object code form of the MDAC_TYP.EXE file.
• Image Library. You may copy and distribute images and animations in the Image Library as described in the software documentation. You may also modify that content. If you modify the content, it must be for use that is consistent with the permitted use of the unmodified content.
• Third Party Distribution. You may permit distributors of your programs to copy and distribute the Distributable Code as part of those programs.
ii. Distribution Requirements. For any Distributable Code you distribute, you must
• add significant primary functionality to it in your programs;
• require distributors and external end users to agree to terms that protect it at least as much as this agreement;
• display your valid copyright notice on your programs; and
• indemnify, defend, and hold harmless Microsoft from any claims, including attorneys’ fees, related to the distribution or use of your programs.
iii. Distribution Restrictions. You may not
• alter any copyright, trademark or patent notice in the Distributable Code;
• use Microsoft’s trademarks in your programs’ names or in a way that suggests your programs come from or are endorsed by Microsoft;
• distribute Distributable Code, other than code listed in OTHER-DIST.TXT files, to run on a platform other than the Windows platform;
• include Distributable Code in malicious, deceptive or unlawful programs; or
• modify or distribute the source code of any Distributable Code so that any part of it becomes subject to an Excluded License. An Excluded License is one that requires, as a condition of use, modification or distribution, that
• the code be disclosed or distributed in source code form; or
• others have the right to modify it.
c. Additional Functionality. Microsoft may provide additional functionality for the software. Other license terms and fees may apply.
4. INTERNET-BASED SERVICES. Microsoft provides Internet-based services with the software. It may change or cancel them at any time.
a. Consent for Internet-Based Services. The software feature described below connects to Microsoft or service provider computer systems over the Internet. In some cases, you will not receive a separate notice when they connect. You may switch off this feature or not use it. For more information about this feature, see the software documentation. BY USING THIS FEATURE, YOU CONSENT TO THE TRANSMISSION OF THIS INFORMATION. Microsoft does not use the information to identify or contact you.
Computer Information. The following feature uses Internet protocols, which send to the appropriate systems computer information, such as your Internet protocol address, the type of operating system, browser and name and version of the software you are using, and the language code of the device where you installed the software. Microsoft uses this information to make the Internet-based service available to you.
• Digital Certificates. The software uses digital certificates. These digital certificates confirm the identity of Internet users sending X.509 standard encrypted information. The software retrieves certificates and updates certificate revocation lists. These security features operate only when you use the Internet.
b. Misuse of Internet-based Services. You may not use this service in any way that could harm it or impair anyone else’s use of it. You may not use the service to try to gain unauthorized access to any service, data, account or network by any means.
5. TIME-SENSITIVE SOFTWARE. If the version of the software is a trial version, the software will stop running either ninety days or one hundred eighty days after you install it, depending on the trial version you have. You will receive notice before it stops running. You may not be able to access data used with the software when it stops running.
6. PRODUCT KEYS. The software requires a key to install or access it. You are responsible for the use of keys assigned to you. You should not share the keys with third parties.
7. MICROSOFT WINDOWS SOFTWARE. The software contains the Microsoft .NET Framework 2.0 and Microsoft Data Access Component 2.8 SP1 software. These software are part of Windows. The license terms for Windows apply to your use of the .NET Framework 2.0 and Microsoft Data Access Component software.
8. SQL SERVER BENCHMARK TESTING. You must obtain Microsoft’s prior written approval to disclose to a third party the results of any benchmark test of the SQL Server software that accompanies this software.
9. MICROSOFT .NET FRAMEWORK BENCHMARK TESTING. The software includes the .NET Framework component of the Windows operating systems (“.NET Component”). You may conduct internal benchmark testing of the .NET Component. You may disclose the results of any benchmark test of the .NET Component, provided that you comply with the following terms: (1) you must disclose all the information necessary for replication of the tests, including complete and accurate details of your benchmark testing methodology, the test scripts/cases, tuning parameters applied, hardware and software platforms tested, the name and version number of any third party testing tool used to conduct the testing, and complete source code for the benchmark suite/harness that is developed by or for you and used to test both the .NET Component and the competing implementation(s); (2) you must disclose the date (s) that you conducted the benchmark tests, along with specific version information for all Microsoft software products tested, including the .NET Component; (3) your benchmark testing was performed using all performance tuning and best practice guidance set forth in the product documentation and/or on Microsoft’s support web sites, and uses the latest updates, patches and fixes available for the .NET Component and the relevant Microsoft operating system; (4) it shall be sufficient if you make the disclosures provided for above at a publicly available location such as a website, so long as every public disclosure of the results of your benchmark test expressly identifies the public site containing all required disclosures; and (5) nothing in this provision shall be deemed to waive any other right that you may have to conduct benchmark testing. The foregoing obligations shall not apply to your disclosure of the results of any customized benchmark test of the .NET Component, whereby such disclosure is made under confidentiality in conjunction with a bid request by a prospective customer, such customer’s application(s) are specifically tested and the results are only disclosed to such specific customer. Notwithstanding any other agreement you may have with Microsoft, if you disclose such benchmark test results, Microsoft shall have the right to disclose the results of benchmark tests it conducts of your products that compete with the .NET Component, provided it complies with the same conditions above.
10. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. For more information, see www.microsoft.com/licensing/userights. You may not
• work around any technical limitations in the software;
• reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
• make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
• publish the software for others to copy;
• rent, lease or lend the software; or
• use the software for commercial software hosting services.
11. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software.
12. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
13. NOT FOR RESALE SOFTWARE. You may not sell software marked as “NFR” or “Not for Resale.”
14. ACADEMIC EDITION SOFTWARE. You must be a “Qualified Educational User” to use software marked as “Academic Edition” or “AE.” If you do not know whether you are a Qualified Educational User, visit www.microsoft.com/education or contact the Microsoft affiliate serving your country.
15. UPGRADE. If this software is marked as an upgrade version, you may use it only if you have a license to use the software eligible for upgrade. If you upgrade, this software takes the place of the earlier version, and this agreement takes the place of the agreement for that earlier version. You may use the earlier version only as permitted in the Downgrade clause below.
16. DOWNGRADE. You may install and use this version and an earlier version of the software at the same time. This agreement applies to your use of the earlier version. If the earlier version includes different components, any terms for those components in the agreement that comes with the earlier version apply to your use of them. Microsoft is not obligated to supply earlier versions to you.
17. TRANSFER TO A THIRD PARTY. The first user of the software may transfer it, and this agreement, directly to a third party. Before the transfer, that party must agree that this agreement applies to the transfer and use of the software. The first user must uninstall the software before transferring it separately from the device. The first user may not retain any copies.
18. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting.
19. SUPPORT SERVICES. Microsoft provides support services for the software as described at www.support.microsoft.com/common/international.aspx.
20. ENTIRE AGREEMENT. This agreement (including the warranty below), and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
21. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.
22. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your state or country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your state or country if the laws of your state or country do not permit it to do so.
23. LIMITATION ON AND EXCLUSION OF DAMAGES. YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE SOFTWARE. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to
• anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
• claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if
• repair, replacement or a refund for the software does not fully compensate you for any losses; or
• Microsoft knew or should have known about the possibility of the damages.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. They also may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
**************************************************************************************
LIMITED WARRANTY
A. LIMITED WARRANTY. If you follow the instructions, the software will perform substantially as described in the Microsoft materials that you receive in or with the software.
B. TERM OF WARRANTY; WARRANTY RECIPIENT; LENGTH OF ANY IMPLIED WARRANTIES. THE LIMITED WARRANTY COVERS THE SOFTWARE FOR ONE YEAR AFTER ACQUIRED BY THE FIRST USER. IF YOU RECEIVE SUPPLEMENTS, UPDATES, OR REPLACEMENT SOFTWARE DURING THAT YEAR, THEY WILL BE COVERED FOR THE REMAINDER OF THE WARRANTY OR 30 DAYS, WHICHEVER IS LONGER. If the first user transfers the software, the remainder of the warranty will apply to the recipient.
TO THE EXTENT PERMITTED BY LAW, ANY IMPLIED WARRANTIES, GUARANTEES OR CONDITIONS LAST ONLY DURING THE TERM OF THE LIMITED WARRANTY. Some states do not allow limitations on how long an implied warranty lasts, so these limitations may not apply to you. They also might not apply to you because some countries may not allow limitations on how long an implied warranty, guarantee or condition lasts.
C. EXCLUSIONS FROM WARRANTY. This warranty does not cover problems caused by your acts (or failures to act), the acts of others, or events beyond Microsoft’s reasonable control.
D. REMEDY FOR BREACH OF WARRANTY. MICROSOFT WILL REPAIR OR REPLACE THE SOFTWARE AT NO CHARGE. IF MICROSOFT CANNOT REPAIR OR REPLACE IT, MICROSOFT WILL REFUND THE AMOUNT SHOWN ON YOUR RECEIPT FOR THE SOFTWARE. IT WILL ALSO REPAIR OR REPLACE SUPPLEMENTS, UPDATES AND REPLACEMENT SOFTWARE AT NO CHARGE. IF MICROSOFT CANNOT REPAIR OR REPLACE THEM, IT WILL REFUND THE AMOUNT YOU PAID FOR THEM, IF ANY. YOU MUST UNINSTALL THE SOFTWARE AND RETURN ANY MEDIA AND OTHER ASSOCIATED MATERIALS TO MICROSOFT WITH PROOF OF PURCHASE TO OBTAIN A REFUND. THESE ARE YOUR ONLY REMEDIES FOR BREACH OF THE LIMITED WARRANTY.
E. CONSUMER RIGHTS NOT AFFECTED. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS, WHICH THIS AGREEMENT CANNOT CHANGE.
F. WARRANTY PROCEDURES. You need proof of purchase for warranty service.
1. United States and Canada. For warranty service or information about how to obtain a refund for software acquired in the United States and Canada, contact Microsoft at
• (800) MICROSOFT;
• Microsoft Customer Service and Support, One Microsoft Way, Redmond, WA 98052-6399; or
• visit www.microsoft.com/info/nareturns.htm.
2. Europe, Middle East and Africa. If you acquired the software in Europe, the Middle East or Africa, Microsoft Ireland Operations Limited makes this limited warranty. To make a claim under this warranty, you should contact either
• Microsoft Ireland Operations Limited, Customer Care Centre, Atrium Building Block B, Carmanhall Road, Sandyford Industrial Estate, Dublin 18, Ireland; or
• the Microsoft affiliate serving your country (see www.microsoft.com/worldwide).
3. Outside United States, Canada, Europe, Middle East and Africa. If you acquired the software outside the United States, Canada, Europe, the Middle East and Africa, contact the Microsoft affiliate serving your country (see www.microsoft.com/worldwide).
G. NO OTHER WARRANTIES. THE LIMITED WARRANTY IS THE ONLY DIRECT WARRANTY FROM MICROSOFT. MICROSOFT GIVES NO OTHER EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. WHERE ALLOWED BY YOUR LOCAL LAWS, MICROSOFT EXCLUDES IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. If your local laws give you any implied warranties, guarantees or conditions, despite this exclusion, your remedies are described in the Remedy for Breach of Warranty clause above, to the extent permitted by your local laws.
H. LIMITATION ON AND EXCLUSION OF DAMAGES FOR BREACH OF WARRANTY. THE LIMITATION ON AND EXCLUSION OF DAMAGES CLAUSE ABOVE APPLIES TO BREACHES OF THIS LIMITED WARRANTY.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM COUNTRY TO COUNTRY.
Please note: As this software is distributed in Quebec, Canada, some of the clauses in this agreement are provided below in French.
Remarque : Ce logiciel étant distribué au Québec, Canada, certaines des clauses dans ce contrat sont fournies ci-dessous en français.
GARANTIE LIMITÉE
A. GARANTIE LIMITÉE. Si vous suivez les instructions, le logiciel fonctionnera dans son ensemble comme il est décrit dans la documentation de Microsoft reçue avec ou dans le logiciel.
B. DURÉE DE LA GARANTIE ; BÉNÉFICIAIRE DE LA GARANTIE ; DURÉE DE TOUTE GARANTIE IMPLICITE. La garantie limitée couvre le logiciel pendant un an après son acquisition par le premier utilisateur. Si vous recevez des compléments, des mises à jour ou un logiciel de remplacement au cours de cette année, ils seront couverts par la garantie pendant la durée restante ou pendant 30 jours, la période la plus longue étant retenue. Si le premier utilisateur transfère le logiciel, la durée restante de la garantie s’applique au destinataire.
Dans la limite autorisée par la loi en vigueur, toute garantie ou condition implicite dont vous bénéficiez prendra fin au terme de la garantie limitée. Certains États n’autorisent pas les limitations portant sur la durée d’une garantie implicite, de sorte que les limitations ci-dessus peuvent ne pas vous être applicables. Elles peuvent également ne pas vous être applicables, car certains pays n’autorisent pas les limitations portant sur la durée d’une garantie ou condition implicite.
C. EXCLUSIONS DE LA GARANTIE. Cette garantie ne couvre pas les problèmes engendrés par vos propres actes (ou absences d’actes), ceux de tiers ou tout autre événement indépendant de la volonté de Microsoft.
D. RECOURS DANS LE CADRE DE LA VIOLATION DE GARANTIE. Nous nous engageons à réparer ou à remplacer le logiciel gratuitement. Si nous ne pouvons pas le réparer ni le remplacer, nous rembourserons le montant que vous avez payé pour le logiciel figurant sur le reçu. Nous nous engageons à réparer ou à remplacer les compléments, les mises à jour et le logiciel de remplacement gratuitement. Si nous ne pouvons pas les réparer ni les remplacer, nous rembourserons le montant que vous avez payé pour ces composants, le cas échéant. Vous devez désinstaller le logiciel et le renvoyer à Microsoft avec une preuve d’achat pour vous faire rembourser. Ces recours sont les seuls dont vous disposez dans le cadre de la violation de garantie limitée.
E. DROITS DES CONSOMMATEURS NON AFFECTÉS. Vous pouvez bénéficier de droits des consommateurs supplémentaires dans le cadre du droit local, que ce contrat ne peut modifier.
F. PROCÉDURES RELATIVES AUX RÉCLAMATIONS DANS LE CADRE DE LA GARANTIE. Vous devrez fournir une preuve d’achat pour obtenir de l’aide en matière de garantie.
1. États-Unis et Canada. Pour obtenir de l’aide en matière de garantie ou des informations sur la procédure à suivre pour vous faire rembourser un logiciel acquis aux États-Unis et au Canada, mettez-vous en rapport avec Microsoft
• (800) MICROSOFT ;
• Microsoft Customer Service and Support, One Microsoft Way, Redmond, WA 98052-6399 ; ou
• en visitant www.microsoft.com/info/nareturns.htm.
2. Europe, Moyen-Orient et Afrique. Si vous avez acquis le logiciel en Europe, au Moyen-Orient ou en Afrique, Microsoft Ireland Operations Limited offre cette garantie limitée. Pour faire une réclamation au titre de cette garantie, vous devez vous mettre en rapport avec
• Microsoft Ireland Operations Limited, Customer Care Centre, Atrium Building Block B, Carmanhall Road, Sandyford Industrial Estate, Dublin 18, Irlande ; ou
• votre filiale nationale de Microsoft (visitez le site www.microsoft.com/worldwide).
3. En dehors des États-Unis, du Canada, de l’Europe, du Moyen-Orient et de l’Afrique. Si vous avez acquis le logiciel en dehors des États-Unis, du Canada, de l’Europe, du Moyen-Orient et de l’Afrique, mettez-vous en rapport avec votre filiale nationale de Microsoft (visitez le site www.microsoft.com/worldwide).
G. AUCUNE AUTRE GARANTIE. La garantie limitée est la seule garantie directe de Microsoft. Nous n’accordons aucune autre garantie ou condition expresse. Dans toute la mesure permise par le droit local, les garanties implicites de qualité marchande, d’adéquation à un usage particulier et d’absence de contrefaçon sont exclues. Si le droit local vous accorde des garanties ou conditions implicites, nonobstant la présente exclusion, les recours dont vous disposez sont ceux présentés dans la clause de recours dans le cadre de la violation de garantie ci-dessus, dans la limite autorisée par le droit local.
H. LIMITATION DES DOMMAGES-INTÉRÊTS ET EXCLUSION DE RESPONSABILITÉ DANS LE CADRE DE LA VIOLATION DE GARANTIE. La clause de limitation des dommages-intérêts et exclusion de responsabilité ci-dessous s’applique aux violations de cette garantie limitée.
La présente garantie vous confère des droits légaux spécifiques et vous pouvez également bénéficier d’autres droits qui varient d’un État à l’autre. Vous pouvez également bénéficier d’autres droits qui varient d’un pays à l’autre.
LIMITATION DES DOMMAGES-INTÉRÊTS ET EXCLUSION DE RESPONSABILITÉ POUR LES DOMMAGES. Vous pouvez obtenir de Microsoft et de ses fournisseurs une indemnisation en cas de dommages directs uniquement à hauteur du montant que vous avez payé pour le logiciel. Vous ne pouvez prétendre à aucune indemnisation pour les autres dommages, y compris les dommages spéciaux, indirects ou accessoires et pertes de bénéfices.
Cette limitation concerne
• toute affaire liée au logiciel, aux services ou au contenu (y compris le code) figurant sur des sites Internet tiers ou dans des programmes tiers ; et
• les réclamations au titre de violation de contrat ou de garantie ou condition, ou au titre de responsabilité stricte, de négligence ou d’une autre faute dans la limite autorisée par la loi en vigueur.
Elle s’applique également, même si
• la réparation, le remplacement ou le remboursement du logiciel ne compense pas intégralement toute perte subie ; ou
• Microsoft connaissait l’éventualité d’un tel dommage.
Certains États n’autorisent pas l’exclusion ou la limitation de responsabilité pour les dommages indirects ou accessoires, de sorte que la limitation ou l’exclusion ci-dessus peut ne pas vous être applicable. Elles peuvent également ne pas vous être applicables, car votre pays n’autorise pas l’exclusion ou la limitation de responsabilité pour les dommages indirects, accessoires ou de quelque nature que ce soit.
EFFET JURIDIQUE. Le présent contrat décrit certains droits juridiques. Vous pourriez avoir d’autres droits prévus par les lois de votre État ou pays. Vous pourriez également avoir des droits à l’égard de la partie de qui vous avez acquis de logiciel. Le présent contrat ne modifie pas les droits que vous confèrent les lois de votre État ou pays si celles ci ne le permettent pas.
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Microsoft Visual Studio Redistributable 2005 License Agreement
The following list is a list of files available with Microsoft Visual Studio 2005 for redistribution under the Visual Studio 2005 license. If the Microsoft software you have licensed is not Visual Studio 2005, only the files that are installed by the Microsoft software may be redistributed under such license.
_____________________________________________________________
Visual C++ Runtime files
Subject to the license terms for the software, you may redistribute the .EXE files (unmodified) listed below.
These files can be run as prerequisites during installation.
vcredist_x86.exe
vcredist_x64.exe
vcredist_IA64.exe
Subject to the license terms for the software, you may redistribute MSM files listed below unmodified as a part of your installation package:
Microsoft_VC80_ATL_x86.msm
policy_8_0_Microsoft_VC80_ATL_x86.msm
Microsoft_VC80_ATL_x86_ia64.msm
policy_8_0_Microsoft_VC80_ATL_x86_ia64.msm
Microsoft_VC80_ATL_x86_x64.msm
policy_8_0_Microsoft_VC80_ATL_x86_x64.msm
Microsoft_VC80_CRT_x86.msm
policy_8_0_Microsoft_VC80_CRT_x86.msm
Microsoft_VC80_CRT_x86_ia64.msm
policy_8_0_Microsoft_VC80_CRT_x86_ia64.msm
Microsoft_VC80_CRT_x86_x64.msm
policy_8_0_Microsoft_VC80_CRT_x86_x64.msm
Microsoft_VC80_MFC_x86.msm
policy_8_0_Microsoft_VC80_MFC_x86.msm
Microsoft_VC80_MFC_x86_ia64.msm
policy_8_0_Microsoft_VC80_MFC_x86_ia64.msm
Microsoft_VC80_MFC_x86_x64.msm
policy_8_0_Microsoft_VC80_MFC_x86_x64.msm
Microsoft_VC80_MFCLOC_x86.msm
policy_8_0_Microsoft_VC80_MFCLOC_x86.msm
Microsoft_VC80_MFCLOC_x86_ia64.msm
policy_8_0_Microsoft_VC80_MFCLOC_x86_ia64.msm
Microsoft_VC80_MFCLOC_x86_x64.msm
policy_8_0_Microsoft_VC80_MFCLOC_x86_x64.msm
Microsoft_VC80_OpenMP_x86.msm
policy_8_0_Microsoft_VC80_OpenMP_x86.msm
Microsoft_VC80_OpenMP_x86_ia64.msm
policy_8_0_Microsoft_VC80_OpenMP_x86_ia64.msm
Microsoft_VC80_OpenMP_x86_x64.msm
policy_8_0_Microsoft_VC80_OpenMP_x86_x64.msm
For your convenience, we have provided the following folders for use when redistributing VC++ runtime files. Subject to the license terms for the software, you may redistribute the folder (unmodified) in the application local folder as a sub-folder with no change to the folder name. You may also redistribute all the files (*.dll and *.manifest) within a folder, listed below the folder for your convenience, as an entire set.
\VC\redist\x86\Microsoft.VC80.ATL\
atl80.dll
Microsoft.VC80.ATL.manifest
\VC\redist\ia64\Microsoft.VC80.ATL\
atl80.dll
Microsoft.VC80.ATL.manifest
\VC\redist\amd64\Microsoft.VC80.ATL\
atl80.dll
Microsoft.VC80.ATL.manifest
\VC\redist\x86\Microsoft.VC80.CRT\
msvcm80.dll
msvcp80.dll
msvcr80.dll
Microsoft.VC80.CRT.manifest
\VC\redist\ia64\Microsoft.VC80.CRT\
msvcm80.dll
msvcp80.dll
msvcr80.dll
Microsoft.VC80.CRT.manifest
\VC\redist\amd64\Microsoft.VC80.CRT\
msvcm80.dll
msvcp80.dll
msvcr80.dll
Microsoft.VC80.CRT.manifest
\VC\redist\x86\Microsoft.VC80.MFC\
mfc80.dll
mfc80u.dll
mfcm80.dll
mfcm80u.dll
Microsoft.VC80.MFC.manifest
\VC\redist\ia64\Microsoft.VC80.MFC\
mfc80.dll
mfc80u.dll
mfcm80.dll
mfcm80u.dll
Microsoft.VC80.MFC.manifest
\VC\redist\amd64\Microsoft.VC80.MFC\
mfc80.dll
mfc80u.dll
mfcm80.dll
mfcm80u.dll
Microsoft.VC80.MFC.manifest
\VC\redist\x86\Microsoft.VC80.MFCLOC\
mfc80chs.dll
mfc80cht.dll
mfc80enu.dll
mfc80esp.dll
mfc80deu.dll
mfc80fra.dll
mfc80ita.dll
mfc80jpn.dll
mfc80kor.dll
Microsoft.VC80.MFCLOC.manifest
\VC\redist\ia64\Microsoft.VC80.MFCLOC\
mfc80chs.dll
mfc80cht.dll
mfc80enu.dll
mfc80esp.dll
mfc80deu.dll
mfc80fra.dll
mfc80ita.dll
mfc80jpn.dll
mfc80kor.dll
Microsoft.VC80.MFCLOC.manifest
\VC\redist\amd64\Microsoft.VC80.MFCLOC\
mfc80chs.dll
mfc80cht.dll
mfc80enu.dll
mfc80esp.dll
mfc80deu.dll
mfc80fra.dll
mfc80ita.dll
mfc80jpn.dll
mfc80kor.dll
Microsoft.VC80.MFCLOC.manifest
\VC\redist\x86\Microsoft.VC80.OpenMP\
vcomp.dll
Microsoft.VC80.OpenMP.manifest
\VC\redist\amd64\Microsoft.VC80.OpenMP\
vcomp.dll
Microsoft.VC80.OpenMP.manifest
\VC\redist\ia64\Microsoft.VC80.OpenMP\
vcomp.dll
Microsoft.VC80.OpenMP.manifest
Subject to the license terms for the software, the following files can be redistributed with your application in your application local folder or by deploying into the Global Assembly Cache (GAC):
mfcmifc80.dll
Subject to the license terms of the software, one or more of the *.*.pdb files listed below may be redistributed for the sole purpose of debugging your applications.
atl80.i386.pdb
atl80.AMD64.pdb
atl80.IA64.pdb
msvcm80.i386.pdb
msvcm80.AMD64.pdb
msvcm80.IA64.pdb
msvcp80.i386.pdb
msvcp80.AMD64.pdb
msvcp80.IA64.pdb
msvcr80.i386.pdb
msvcr80.AMD64.pdb
msvcr80.IA64.pdb
mfc80.i386.pdb
mfc80.AMD64.pdb
mfc80.IA64.pdb
mfc80u.i386.pdb
mfc80u.AMD64.pdb
mfc80u.IA64.pdb
mfcm80.i386.pdb
mfcm80.AMD64.pdb
mfcm80.IA64.pdb
mfcm80u.i386.pdb
mfcm80u.AMD64.pdb
mfcm80u.IA64.pdb
vcomp.i386.pdb
vcomp.AMD64.pdb
vcomp.IA64.pdb
_____________________________________________________________
Smart Device Extensions Files
Subject to the license terms for the software, the following files may be distributed, however, these files are intended only for use with Windows Mobile and Windows CE based devices and may only be distributed with Smart device applications:
msvcr80.dll
atl80.dll
MFC80CHS.DLL
MFC80CHT.DLL
MFC80DEU.DLL
MFC80ENU.DLL
MFC80ESP.DLL
MFC80FRA.DLL
MFC80ITA.DLL
MFC80JPN.DLL
MFC80KOR.DLL
MFC80U.DLL
_____________________________________________________________
.NET Framework
Subject to the license terms for the software, the following .EXE files may be distributed unmodified:
dotnetfx.exe (X86)
Netfx64.exe (X64)
Netfx64.exe (IA64)
langpack.exe (multiple language versions)
_____________________________________________________________
Subject to the license terms for the software, the following MSI file may be distributed unmodified:
Wmirdist.msi
_____________________________________________________________
.NET Compact Framework Files
For your convenience, we have provided the following installation package (*.MSI) for use when redistributing the .NET Compact Framework dlls. Subject to the license terms for the software, you may redistribute the MSI (unmodified) or one or more of the separate files listed below:
.NET Compact Framework V1:
NETCFSetupv1.msi
NETCFv1.WCE.ARMV4.CAB
NETCFv1.WM.ARMV4I.CAB
System_SR_ENU.cab
System_SR_JA.cab
System_SR_FR.cab
System_SR_DE.cab
System_SR_ES.cab
System_SR_IT.cab
System_SR_CHS.cab
System_SR_CHT.cab
System_SR_KO.cab
System_SR_ENU_wm.cab
System_SR_JA_wm.cab
System_SR_FR_wm.cab
System_SR_DE_wm.cab
System_SR_ES_wm.cab
System_SR_IT_wm.cab
System_SR_CHS_wm.cab
System_SR_CHT_wm.cab
System_SR_KO_wm.cab
For your convenience, we have provided the following installation package (*.MSI) for use when redistributing the .NET Compact Framework dlls. Subject to the license terms for the software, you may redistribute the MSI (unmodified) or one or more of the separate files listed below:
.NET Compact Framework V2:
NETCFSetupv2.msi
NETCFv2.ppc.armv4.cab
NETCFv2.wm.armv4i.cab
NETCFv2.wce5.sh4.cab
NETCFv2.wce5.mipsii.cab
NETCFv2.wce5.mipsiv.cab
NETCFv2.wce5.armv4i.cab
NETCFv2.wce5.x86.cab
System_SR_CHS.CAB
System_SR_CHS_wm.cab
System_SR_CHT.CAB
System_SR_CHT_wm.cab
System_SR_DE.CAB
System_SR_DE_wm.cab
System_SR_ENU.CAB
System_SR_ENU_wm.cab
System_SR_ES.CAB
System_SR_ES_wm.cab
System_SR_FR.CAB
System_SR_FR_wm.cab
System_SR_IT.CAB
System_SR_IT_wm.cab
System_SR_JA.CAB
System_SR_JA_wm.cab
System_SR_KO.CAB
System_SR_KO_wm.cab
System_SR_pt-BR.CAB
System_SR_pt-BR_wm.cab
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SQL Server Express Files
Subject to the license terms for the software, the following .EXE files may be distributed unmodified:
SQLExpr.exe
SQLExpr32.exe
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Runtime Components
Subject to the license terms for the software, the following files may be distributed unmodified:
MDAC 2.8 SP1 (MDAC_typ.exe)
Windows Installer 2.0 (InstMSIA.exe/InstMSIW.exe)
Windows Installer 3.1 (WindowsInstaller-KB893803-v2-x86.exe)
msstdfmt.dll
vs_piaredist.exe
_____________________________________________________
Images
One or more of the files located in the .zip file below may be distributed subject to the license terms for the software and the additional use terms described in the .zip file.
VisualStudio2005ImageLibrary.zip
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Visual Studio Tools for Office Files
Subject to the license terms for the software, the following .EXE files may be distributed unmodified:
vstor.exe
vstolp20.exe
_____________________________________________________
.NET Framework SDK files
Subject to the license terms for the software, the following .EXE files may be distributed unmodified:
MageUI.exe
Mage.exe
Makecert.exe
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Report Viewer files
Subject to the license terms for the software, the following .EXE files may be distributed unmodified:
ReportViewer.exe
ReportViewer-lp.exe
_____________________________________________________
Microsoft Visual J# .NET Files
Subject to the license terms for the software, the following .EXE files may be distributed unmodified:
vjredist.exe
vjredist-lp.exe
Microsoft Visual J# .NET is a development tool that developers who are familiar with the Java-language syntax can use to build applications and services on the .NET Framework. It integrates the Java-language syntax into the Visual Studio .NET shell. Microsoft Visual J# .NET also supports the functionality found in VJ++ 6.0 including Microsoft extensions. Microsoft Visual J# .NET is not a tool for developing applications intended to run on a Java Virtual Machine. Applications and services built with Visual J# will run only on the .NET Framework. Visual J# has been independently developed by Microsoft. It is not endorsed or approved by Sun Microsystems, Inc.
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MMTabBarView
Copyright © 2005, Positive Spin Media. All rights reserved.
Copyright © 2014, Michael Monscheuer. All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
* Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
* Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
* Neither the name of Positive Spin Media nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS «AS IS» AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
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Jotne EPM Technology
SOFTWARE LICENSE AGREEMENT
BEFORE YOU INSTALL THE LICENSE FROM ANY TYPE OF MEDIA, YOU SHOULD CAREFULLY READ THE TERMS AND CONDITIONS OF THIS SOFTWARE LICENSE AGREEMENT. BY INSTALLING THE SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS LICENSE AGREEMENT.
Subject to the provisions contained herein, Jotne EPM Technology AS (hereafter referred to as EPM) hereby grants you a non-exclusive license to use its proprietary computer software products included in the EXPRESS Data Manager™” product suite (hereafter referred to as the Software) that is contained in the install kit. As described below, your use of the Software, when enabled, is limited to a number of “Named Users”. The license allows installation on a single “System” or “Workstation”
REGISTRATION NUMBER (LICENSE ID)
The software license is identified by a License ID comprising all the software licenses being purchased as specified in your License Certificate. Each license enables installation of all features of the version of the software that you have purchased and for the Time Period that you have paid for. EPM grants to the licensee a non-transferable, non-exclusive license to use this copy of the Software and accompanying material according to the following terms:
LICENSE TERMS AND CHARGES
This license is not a sale. Title and copyrights to the Software, accompanying material, and any copy made by you remain with EPM. If not agreed otherwise, this license is only valid for one (1) registered user on one “Workstation” and for one “Operating System”. For any other use — license agreements from EPM must be obtained. This includes, but is not restricted to the number of Named Users in a client/server or web environment, and OEM distribution. The terms of this license commences upon delivery of the Software to you and is perpetual unless earlier terminated upon default by one of the parties or as otherwise set forth herein under Section “Restricted use” hereto.
You may not:
a) modify, translate, reverse engineer, decompile, disassemble, create derivative works based on, or copy (except for the backup copy) the Software or accompanying material, or
b) rent or grant any rights to the Software in any form or accompanying material to any person without the prior written consent of EPM, or
c) transfer any rights to the Software or accompanying material in any form to any person or company without a Novation Agreement with EPM, or
d) remove any proprietary notices, labels, or marks on the Software and accompanying material.
MAINTENANCE AND SUPPORT
From the date of your purchase of a license to the Software you are required to enter a 12-month mandatory Maintenance and Support Agreement at the given cost for such an agreement as outlined in EPM’s then current standard price list. The Maintenance and Support Agreement will then automatically be carried forward in 12-month intervals and at a per annum cost for such an agreement as outlined in EPM’s then current standard price list until terminated by you. Such a termination will only be accepted in writing (e-mail is not accepted) and must be received by EPM at least one month prior to the beginning of the next 12 month period. If the termination order is received by EPM with less than one month’s notice before the start of a new 12-month period, EPM can and will charge you for the full period.
When you have a valid Maintenance and Support Agreement, this agreement gives you the right to receive support for problem solving pertaining to the use of the Software. The support is offered via telephone, telefax, the Internet, or e-mail. A valid Maintenance and Support Agreement also grants you the right to receive any updates to the particular type of Software to which you purchased a license from EPM if any such updates are introduced for commercial sale during that time period. If the annual fee for maintenance and support has not been paid by you, EPM can and will charge you for maintenance and support services at the then current rates.
UPDATES
Unless a valid Maintenance and Support Agreement is in place, this license does not grant any right, license, or interest in and to any improvements, modifications, enhancements, or updates to the Software and documentation. Updates, if available, may be obtained from EPM at EPM’s then current standard pricing terms and conditions.
LIMITED WARRANTY AND DISCLAIMER
For a period of ninety (90) days from the date you purchased a license to the Software, EPM warrants that
a) the Software, if operated as directed, will substantially achieve the functionality described in the documentation.
b) the media containing the Software is free from defects in material and workmanship.
EPM’s entire liability and your exclusive remedy as to the media will be the replacement of the media.
EPM does NOT warrant, however:
a) the MERCHANTABILITY AND FlTNESS FOR A PARTICULAR PURPOSE.
b) that the functions contained in the Software will meet your requirements or that the operation will be uninterrupted or error free.
The entire risk as to the use, quality, and performance of the Software is with you. Should the Software prove defective, you, and not EPM, assume the entire cost of any necessary repair.
LIMITATION OF LIABILITY
IN NO EVENT WILL EPM BE LIABLE FOR ANY DAMAGES, INCLUDING LOSS OF DATA, LOST PROFITS, COST OF COVER OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING FROM THE USE OF THE SOFTWARE OR ACCOMPANYING MATERIAL, HOWEVER, CAUSED AND ON ANY THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF EPM OR AUTHORISED DEALER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
RESTRICTED USE
If the Software is provided for demonstration (limited functionality) or evaluation purposes (full functionality for a limited Time Period), it may be used exclusively by you and your qualified staff for no longer than thirty (30) days or such longer period authorized by EPM in writing, and no more than the licensed Number of Named Users may use the Software concurrently.
BACK-UP COPIES
EPM hereby consents to your making a reasonable number of backup or archival copies of the Software. All such copies shall be subject to this Agreement and shall contain all of EPM’s notices regarding copyrights, trademarks, other proprietary rights, and restrictions on users of demonstration and evaluation copies that are contained in the Software EPM originally provided to you. You may not modify, disassemble, or reverse engineer the Software or make derivative or compilation works of the Software.
TERMINATION
Unauthorized copying of the Software (alone or merged with other software) or the accompanying material, or failure to comply with the above restrictions will result in automatic termination of this license and will make available to EPM other legal remedies. Upon termination you will destroy or return to EPM the Software, accompanying material, and any copies.
GENERAL
This Agreement is governed by the laws of Norway with the regional court of Oslo as dispute venue. This Agreement is the entire agreement between you and EPM concerning the Software and supersedes any other communications with respect to the Software and accompanying material. If any provision of this Agreement is held to be unenforceable, the remainder of this agreement shall continue in full force and effect.
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XML-RPC license agreement
The copyright owners of this package license the public to copy it (and do other things with it which are controlled by copyright law) under a few simple conditions.
Each source file describes the copyright license for that particular file. This file summarizes the licenses for your convenience.
All the code written specifically for Xmlrpc-c, which is most of the code, and the aggregation, is licensed under the XML-RPC FOR C/C++ license shown below.
Some of the code was written for another purpose and copied into Xmlrpc-c. Its copyright owners license the code under a different license:
The Expat Licence applies to the contents of the directory lib/expat, the ABYSS Web Server License applies to the contents of the directory lib/abyss and parts of the file src/xmlrpc_abyss.c.
The Python 1.5.2 license applies to parts of the file src/xmlrpc_base64.c.
And as for the tools/ directory, you’ll have to examine the licenses on your own.
These same licenses have been offered throughout Xmlrpc-c’s history.
XML-RPC For C/C++ License
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Copyright (C) 2001 by First Peer, Inc. All rights reserved. Copyright (C) 2001 by Eric Kidd. All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
3. The name of the author may not be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE AUTHOR AND CONTRIBUTORS «AS IS» AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Expat License
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Copyright (c) 1998, 1999, 2000 Thai Open Source Software Center Ltd
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the «Software»), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED «AS IS», WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
ABYSS Web Server License
————————
Copyright (C) 2000 by Moez Mahfoudh <mmoez@bigfoot.com>. All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
3. The name of the author may not be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE AUTHOR AND CONTRIBUTORS «AS IS» AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Python 1.5.2 License
———————
Copyright 1991, 1992, 1993, 1994 by Stichting Mathematisch Centrum, Amsterdam, The Netherlands.
All Rights Reserved
Permission to use, copy, modify, and distribute this software and its documentation for any purpose and without fee is hereby granted, provided that the above copyright notice appear in all copies and that both that copyright notice and this permission notice appear in supporting documentation, and that the names of Stichting Mathematisch Centrum or CWI or Corporation for National Research Initiatives or CNRI not be used in advertising or publicity pertaining to distribution of the software without specific, written prior permission.
While CWI is the initial source for this software, a modified version is made available by the Corporation for National Research Initiatives (CNRI) at the Internet address ftp://ftp.python.org.
STICHTING MATHEMATISCH CENTRUM AND CNRI DISCLAIM ALL WARRANTIES WITH REGARD TO THIS SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS, IN NO EVENT SHALL STICHTING MATHEMATISCH CENTRUM OR CNRI BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.
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LibCurl License Agreement
COPYRIGHT AND PERMISSION NOTICE
Copyright (c) 1996 — 2012, Daniel Stenberg, <daniel@haxx.se>.
All rights reserved.
Permission to use, copy, modify, and distribute this software for any purpose with or without fee is hereby granted, provided that the above copyright notice and this permission notice appear in all copies.
THE SOFTWARE IS PROVIDED «AS IS», WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
Except as contained in this notice, the name of a copyright holder shall not be used in advertising or otherwise to promote the sale, use or other dealings in this Software without prior written authorization of the copyright holder.
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GOODIES End User License Agreement
IMPORTANT
PLEASE READ THIS AGREEMENT CAREFULLY. BY CLICKING THE «I ACCEPT» BUTTON, YOU INDICATE YOUR ACCEPTANCE OF THE GRAPHISOFT LICENSE AGREEMENT («Agreement») INCLUDING THE LIMITED WARRANTY AND DISCLAIMERS FOR YOURSELF, YOUR EMPLOYER AND ANY AUTHORIZED USERS WHETHER OR NOT EACH SUCH AUTHORIZED USER INDICATES THEIR INDIVIDUAL ACCEPTANCE.
IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT, PROMPTLY DELETE ALL INSTALLER FILES AND ADHERE TO THE PROVISIONS OF THE „TERMINATION” SECTION HEREIN.
GRAPHISOFT SOFTWARE LICENSE AGREEMENT
GRAPHISOFT SE Private European Company Limited by Shares («GRAPHISOFT») licenses this Software to You, an individual or as the representative of and on behalf of Your employer («You») only upon the condition that You accept all of the terms contained in this Software License Agreement («Agreement»).
By accepting the terms of this Software License Agreement, You expressly declare and confirm that You have the full power and capacity to represent Your employer and/or the entity on behalf of which You are acting. Should this declaration prove to be false, You shall be responsible and liable in person for all obligations under the Agreement.
This Agreement constitutes a non-exclusive, non-transferable, non-sublicenseable, limited license for You to use the enclosed Software and associated documentation, together with the upgrades, updates, new versions and fixes provided to You by Graphisoft (the «Software»). The Software is licensed, not sold, to You exclusively for Your own use under the terms and conditions of this Agreement.
The Software is owned by Graphisoft and protected by all applicable copyright laws. To the maximum extent permitted by applicable laws, Graphisoft reserves all rights to the Software not expressly granted hereunder and to any reproduction of the Software including its documentation, logos, trademarks, icons and interface in whole or in part. If You copy or use all or any portion of the Software without entering into this Agreement or obtaining the prior written permission of GRAPHISOFT or in non-compliance with any of the terms of this Agreement, You are violating copyright or other intellectual property law, and You may be liable to GRAPHISOFT and its licensors in particular for damages, and You may be subject to criminal penalties.
INTERNET-BASED SERVICES COMPONENTS
The Software may contain components that enable and facilitate the use of certain Internet-based services. You acknowledge and agree that GRAPHISOFT may automatically check the version of the Software and/or its components that You are utilizing in order to check that You are utilizing the Software according to its purpose, and may provide upgrades or fixes to the Software in order to advance lawful and improved operation thereof. GRAPHISOFT shall not be liable for any loss of data or malfunctioning of the Software occurring in connection with Graphisoft’s conduct under this point.
The Software may contain technological measures that are designed to prevent unlicensed use of the Software. You hereby expressly accept that GRAPHISOFT or its assignee will use those measures to confirm that You have a legally licensed copy of the Software and You use the Software according to the terms and conditions of this Agreement. If GRAPHISOFT finds that You are not using a licensed copy of the Software or Your use of the Software infringes the terms and conditions of this Agreement, You are not allowed to install future updates of the Software, and GRAPHISOFT will take the necessary measures in order that You shall not be able to install future updates of the Software. You accept that GRAPHISOFT or its assignee will collect, transmit and use for law enforcement purposes technical data from Your computer during this process necessary to detect and pursue the illegal use of the Software.
CONSENT TO USE OF DATA
You expressly agree and give Your consent that during the term of this Agreement GRAPHISOFT may at any time collect, process and use information and files gathered as part of and related to Your use of this version of the Software and during the product support services provided to You related to the Software. You expressly agree and give Your consent that during the term of this Agreement GRAPHISOFT may process, use this information to improve its products and services or to provide customized services or technologies or to troubleshoot any deficiencies in compliance with the applicable rules of law. GRAPHISOFT hereby represents and warrants that GRAPHISOFT shall use this information exclusively for the purposes defined herein and shall take all reasonable measures to prevent the disclosure of this information to third persons, Graphisoft will not disclose this information in any form that personally identifies You.
You may request information concerning the data relating to You stored by Graphisoft. In addition You may request the rectification or erasure of Your personal data stored by Graphisoft in accordance with the governing rules of law.
Unless otherwise regulated by the special rules determined by Graphisoft and expressly accepted by You, Graphisoft uses the information gathered from you as set forth above.
LICENSE PARAMETERS
The license granted by this Agreement is subject to the License Parameters defined hereinafter:
- The Software consists of a computer program downloadable from a website or delivered on one or several DVDs.
- You may use the Software on a single computer at a time;
- You may make one copy of the Software in machine-readable form as a back-up.
RESTRICTIONS
- You may not sell, loan, distribute, cede, sublicense, rent or lease or otherwise transfer or assign the right to use the Software, nor transfer or provide access to it by network for commercial use, either in whole or in part, without the prior written consent of GRAPHISOFT.
- You are expressly prohibited from decompiling, disassembling, reverse engineering, or reducing the Software for any purposes whatsoever.
- You are expressly prohibited from adapting, modifying, translating or creating any derivative works based in whole or in part on the Software.
- You may not copy any written materials accompanying the Software;
- You are expressly prohibited from distributing, providing access to or commercializing the Software or its any component either alone or as part of another product or service.
In case of infringement of any provisions of this chapter, you expressly acknowledge that GRAPHISOFT will take the necessary measures in order that the infringement be terminated and to enforce your compliance with the above provisions. In addition GRAPHISOFT shall be entitled to enforce payment for its damages as well as other rights and claims under the governing laws in force resulting from your breach of this agreement.
TERMINATION
- This Agreement remains in effect until it is terminated.
- Upon termination, You must destroy the Software and all copies of it.
- GRAPHISOFT may terminate the Agreement without notice following breach of any part of the Agreement. Your actual or attempted violation of any of the provisions of the LICENSE PARAMETERS or RESTRICTIONS, as set out above, shall be a material breach of this Agreement.
- Under no circumstances will GRAPHISOFT be liable for reimbursing the price of the Software (if any) or for any other damages.
LIMITED WARRANTY
- THE SOFTWARE IS PROVIDED «AS IS,» WITHOUT ANY WARRANTY, EXPRESSED OR IMPLIED, AS TO ITS CONFORMITY TO OR FITNESS FOR ANY PARTICULAR PURPOSE, OR THAT THE SOFTWARE WILL PERFORM UNINTERRUPTED AND WITHOUT ERRORS. GRAPHISOFT DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, COMPLETENESS, NON-INFRINGEMENT OR PRECISION OF THE SOFTWARE’S FUNCTIONS.
- No advice or information given by Graphisoft employees, its distributors, resellers, agents, or consultants shall constitute a warranty by Graphisoft or extend the warranty in this Agreement. This Agreement and the warranty provided herein may only be modified by a written amendment signed by a duly authorized executive officer of GRAPHISOFT.
- In no event shall GRAPHISOFT be liable for any loss or damages whatsoever, including but not limited to loss of data, damages for lost income, business interruption, loss of business information, or other special, incidental, consequential, exemplary, multiple, or indirect damages or other pecuniary loss, arising from the use or misuse of the Software, or otherwise under this Agreement, even if GRAPHISOFT or its employees, resellers, or agents have been advised or should have known of the possibility of such damages. In no event will GRAPHISOFT’s aggregate liability for any breach of this Agreement, use of the Software or otherwise, exceed the amounts actually paid by You to GRAPHISOFT for this copy of the Software, except as otherwise required by applicable statutory law.
You accept and confirm that the price of the Software (if any) or the free of charge provision of the Software and the conditions of this Agreement advantageous to You hereof have been determined in consideration of the above provisions on limited warranty.
OWNERSHIP OF LOADED CONTENT, THIRD PARTY MATERIALS, SERVICES
- All title, ownership rights, and proprietary rights in and to the information and other content loaded into the Software from any electronic media or Internet by operation of the Software (collectively, «Content») is the property of the applicable Content owner, including, without limitation, Supplier, its affiliates, and any Internet Content providers («Content Providers»). This Agreement does not give You ownership or any other rights with respect to any such Content and GRAPHISOFT does not undertake any liability for any such Content.
- You accept that the use of some Graphisoft products and some third party materials and services included in or accessed through the Software are subject to other terms and conditions found in separate license agreement(s) located at http://www.graphisoft.com/licenses, which You also accept by accepting the terms and conditions of this Agreement.
- You accept that the use of some GRAPHISOFT and some third party materials, software and services accessed, used with the help of the Software may be subject to other terms and conditions found in separate license agreement(s) not appearing at the link indicated above, for which GRAPHISOFT does not assume any liability. GRAPHISOFT also does not assume any liability for the co-operation of the Software with third party materials, software and services and for the operation, use of third party materials, software and services.
GENERAL CONDITIONS
- This Agreement DOES NOT give You the right to any technical support for, or upgrades to, the Software which GRAPHISOFT may offer from time to time. GRAPHISOFT may, at its option and as part of its sales and marketing policy, make such technical support and upgrades available to registered users of the Software under terms to be determined from time to time by Graphisoft or its distributors.
- This Agreement constitutes the full, complete agreement between You and GRAPHISOFT concerning the Software and supersedes all prior agreements and understandings, either written or oral. Unless otherwise communicated to You by Graphisoft in writing, the conditions of this Agreement shall apply to the installation and use of additional functions of the Software and to the repair of the Software’s installation.
- If any part or provision of this Agreement is found to be contrary to law by a competent jurisdiction, that part or provision shall be enforced to the maximum extent allowed, and the remaining Agreement shall remain in full force and effect.
This Agreement is governed by the laws of Hungary. Any disputes arising from this Agreement, including those disputes relating to the validity, interpretation or termination of the Agreement shall be exclusively and finally settled by the Permanent Arbitrate Tribunal formed beside the Hungarian Chamber of Commerce and Industry, Budapest, in accordance with its own rules of procedure. The place of jurisdiction shall be in Budapest.
INQUIRIES
All inquiries regarding this Agreement should be directed to
GRAPHISOFT SE Private European Company Limited by Shares
Záhony utca 7.
Budapest
H-1031 Hungary
www.graphisoft.com
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