/[gentoo-x86]/licenses/Digium
Gentoo

Contents of /licenses/Digium

Parent Directory Parent Directory | Revision Log Revision Log


Revision 1.1 - (show annotations) (download)
Fri Sep 2 12:59:44 2011 UTC (3 years ago) by chainsaw
Branch: MAIN
CVS Tags: HEAD
Add Digium license for net-misc/asterisk-g729.

1 IMPORTANT - READ CAREFULLY
2
3 1 AGREEMENT
4
5 1.1 This Digium End-User Purchase and License Agreement (the "Agreement") is a
6 legal agreement between Digium and the licensee and purchaser respectively
7 (hereinafter, "you", "You" or "your") of the Digium distribution media,
8 embedded software and related documentation (the "Software"), Digium services
9 (the "Services"), and related manuals (collectively the "Products"). BY
10 INSTALLING THE SOFTWARE, YOU AGREE TO AND ACCEPT THE TERMS AND CONDITIONS OF
11 THIS AGREEMENT. If you do not accept, or are not authorized to accept the terms
12 and conditions of this Agreement, then you should not install the Software and
13 should remove any installed Software from your computer.
14
15 2 GRANT OF LICENSE
16
17 2.1 Subject to your compliance with its obligations herein, Digium hereby
18 grants you a limited, non-transferable, non-exclusive, non-sublicensable
19 license to the Software for use with Zaptel software for internal business
20 purposes and not for resale, sublicense, or leasing to third-parties.
21 "Software" shall include any upgrades, updates, bug fixes or modified version
22 ("Upgrades") or backup copies of the Software supplied to you by Digium
23 provided you hold a valid license key to the original Software and have paid
24 any applicable fee for Upgrades.
25
26 2.2 Notwithstanding the foregoing, you acknowledge that certain components of
27 the Software may be covered by so-called "open source" software licenses
28 ("Open Source Components"). Digium will provide a list of Open Source
29 Components for a particular version of the Software upon your request. To the
30 extent required by the licenses covering Open Source Components, the terms of
31 such licenses will apply in lieu of the terms of this Agreement, and Digium
32 hereby represents and warrants that the licenses granted to such Open Source
33 Components will be no less broad than the license granted in this Section 2.
34 To the extent the terms of the licenses applicable to Open Source Components
35 prohibit any of the restrictions in this Agreement with respect to such Open
36 Source Component, such restrictions will not apply to such Open Source
37 Component.
38
39 2.3 "Key" refers to the unique registration code provided by Digium to enable
40 the Licensee to use the Software. You may use one copy of the Software
41 registered with a registration key, provided by Digium, on a single computer
42 owned, leased, or otherwise controlled by you at a single time. If you have
43 multiple registration keys for the Software you may use the Software on as
44 many computers as you have keys. The Software may not be used on or
45 distributed to a greater number of computers than you have registration keys.
46
47 3 RESERVATION OF RIGHTS
48
49 3.1 Except for the limited license rights expressly granted in this Agreement,
50 Digium reserves all rights in and to the Software and any modifications
51 thereto, including title, ownership, trademark, copyright, patent, trade secret
52 and any other rights and interests. You will own only the physical media on
53 which the Software and associated documentation are reproduced and distributed.
54
55 4 LIMITED WARRANTY - SOFTWARE
56
57 4.1 .Digium warrants only that the media on which Digium delivers the Software
58 will be free of physical defects for a period of ninety (90) days or will be
59 replaced by Digium. Except as otherwise agreed by Digium in writing, the
60 replacement Software is subject to the terms and conditions of this Agreement.
61 If Digium determines in its sole discretion that a defect cannot be corrected,
62 or that it is not practical to replace the Software, the price paid by the
63 original licensee for the Software will be refunded by Digium to you and the
64 license grant automatically terminated, in which case you will promptly return
65 to Digium or destroy the Software and any copies in your possession.
66
67 5 WARRANTY DISCLAIMERS
68
69 5.1 The limited warranty provided by Digium does not cover (i) Products that
70 have been subjected to misuse, tampering, modification, experimentation,
71 alteration, negligence, faulty installation; (ii) Products with the model or
72 serial number altered, tampered with, or removed; (iii) Initial installation,
73 installation and removal of the Product for repair, and shipping costs;
74 (iv) Configuration of the Product; (v) Damage that occurs in shipment due to
75 act of God, failures due to power surges, and cosmetic damage; (vi) Any
76 hardware, software, firmware or other materials or services provided by anyone
77 other than Digium; or (vii) Repair by anyone other than Digium or Digium's
78 authorized representative. Unless under a current Services contract with
79 Digium, you shall not upgrade or update Product using software of any origin
80 except commercial versions of the Software released to you by Digium or its
81 authorized distributors from time to time. THE PRODUCT IS PROVIDED WITHOUT ANY
82 IMPLIED WARRANTIES OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY
83 IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
84 NON-INFRINGEMENT. EXCEPT AS EXPRESSLY COVERED UNDER THE LIMITED WARRANTY
85 PROVIDED HEREIN, THE ENTIRE RISK AS TO THE QUALITY, SELECTION AND PERFORMANCE
86 OF THE PRODUCT IS YOURS.
87
88 6 RETURN MATERIAL AUTHORIZATION
89
90 6.1 If returning a Product under the limited warranty, you must include with
91 the Product a written description of the physical defect or in sufficient
92 detail to allow Digium to confirm such determination. Prior to returning a
93 Product under limited warranty to Digium, the original purchaser must obtain a
94 Return Material Authorization ("RMA") in accordance with the Digium policy in
95 effect at the time as published on the Digium web site. Digium will not be
96 obligated to accept returns of any Software that has been activated or
97 otherwise used.
98
99 7 LIMITATION OF LIABILITY
100
101 7.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIGIUM IS NOT LIABLE UNDER ANY
102 CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR
103 ANY LOSS OF USE OF THE PRODUCT, INCONVENIENCE OR INDIRECT DAMAGES OF ANY
104 CHARACTER, WHETHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL (INCLUDING, BUT NOT
105 LIMITED TO, LOSS OF REVENUE OR PROFIT, WORK STOPPAGE, COMPUTER FAILURE OR
106 MALFUNCTION, FAILURE OF CONNECTED EQUIPMENT OR PROGRAMS, LOSS OF INFORMATION
107 OR DATA OR LOSS OF GOODWILL) RESULTING FROM THE USE OF THE PRODUCT, RELATING
108 TO WARRANTY SERVICE, OR ARISING OUT OF ANY BREACH OF THIS AGREEMENT, EVEN IF
109 DIGIUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SOLE REMEDY FOR
110 A BREACH OF THE FOREGOING LIMITED WARRANTY IS REPAIR, REPLACEMENT OR REFUND OF
111 THE THE MAXIMUM LIABILITY OF DIGIUM UNDER THIS DEFECTIVE PRODUCT. IN NO EVENT
112 SHALL THE REMEDY RELATED TO THIS AGREEMENT EXCEED THE PURCHASE PRICE OF THE
113 APPLICABLE PRODUCT. THE FOREGOING EXPRESS LIMITED WRITTEN WARRANTY AND REMEDIES
114 ARE EXCLUSIVE AND IN LIEU OF ANY OTHER WARRANTIES OR REMEDIES, EXPRESS, IMPLIED
115 OR STATUTORY.
116
117 8 PROPRIETARY WORKS
118
119 8.1 The Products contain trademarks, trade secrets and/or copyrighted materials
120 of Digium or its suppliers.
121
122 8.2 You agree not to reverse engineer, decompile, or disassemble the Software,
123 except to the extent such restriction is expressly prohibited by applicable
124 law. You shall not disclose or make available such trade secrets or copyrighted
125 material in any form to any third party nor remove any trademark notices,
126 copyright notices, or licensing terms from the Software or any components
127 therein.
128
129 8.3 You will not, without Digium written consent, use the name, trademarks,
130 trade names or logos of Digium, or the name of any product or service of
131 Digium, in any manner. If Digium grants you a right to use the aforementioned,
132 you will do so only in strict compliance with Digium's usage policies.
133
134 9 TERMINATION
135
136 9.1 This Agreement shall terminate upon removal of the Products from your
137 server and either destruction of the Products or return of the Products by you
138 to Digium. In the event of a breach of the scope of use permitted by the grant
139 in Section 2, or if you do not comply with other materials terms and conditions
140 of this Agreement, Digium shall have the right to immediately terminate this
141 Agreement, in which case you must promptly remove the Software from your
142 servers and destroy or return all copies to Digium. Notwithstanding the
143 foregoing, the provisions of Sections 5, 6, 7, 10, 11, 12, 13 and 14 shall
144 survive termination of this Agreement.
145
146 10 EXPORT RESTRICTION
147
148 10.1 You acknowledge that the Software, with the possible exception of certain
149 third-party components, is of U.S. origin. You agree to comply with applicable
150 domestic and international laws that apply to the Software, including the U.S.
151 Export Administration Regulations and other limitations issued by U.S. and
152 foreign governments.
153
154 11 TRANSFER AND ASSIGNMENT
155
156 11.1 This Agreement and the rights and obligations under it are not assignable
157 by you without the prior written approval of Digium, voluntarily or by
158 operation of law. Any attempt by you to assign this Agreement without such
159 approval shall be void. This Agreement shall inure to the benefit of the
160 successors and assigns of Digium. Notwithstanding the foregoing, you may move
161 the Software to different internal computers to the extent consistent with the
162 scope of license you have purchased to the Software.
163
164 12 U.S. GOVERNMENT USERS
165
166 12.1 The Software and documentation qualify as "commercial items" as defined at
167 48 C.F.R. 2.101 and 48 C.F.R. 12.212. All Government users acquire the Software
168 and documentation with only those rights herein that apply to non-governmental
169 customers of Digium.
170
171 13 GOVERNING LAW AND JURISDICTION
172
173 13.1 This Agreement is to be construed in accordance with and governed by laws
174 of the State of Alabama, excluding its conflict of law provisions. Digium and
175 you agree to submit to the personal and exclusive jurisdiction of, and agree
176 that venue is proper in, the Alabama State or Federal Courts located in the
177 County of Jefferson, Alabama, for any such legal action or proceeding. The
178 United Nations Convention on International Sale of Goods, the application of
179 which is expressly excluded, does not govern this Agreement.
180
181 14 ENTIRE AGREEMENT
182
183 14.1 This Agreement constitutes the entire understanding between the parties
184 relating to the subject matter hereof and supersede all prior writings,
185 negotiations or understandings with respect thereto. The provisions of this
186 Agreement shall take precedence over any conflicting terms in any subsequent
187 purchase order, documentation or collateral. Any modifications to this
188 Agreement shall be reflected in a written agreement between the parties. The
189 parties agree that this Agreement may be executed electronically and that
190 electronic copies of this Agreement shall be binding upon the parties.

  ViewVC Help
Powered by ViewVC 1.1.20