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Revision 1.1 - (show annotations) (download)
Wed Apr 17 18:08:16 2013 UTC (14 months, 3 weeks ago) by ulm
Branch: MAIN
CVS Tags: HEAD
License for net-misc/sjphone, bug 465196.

1 SJ Labs End-User License
2
3 IMPORTANT: READ THIS AGREEMENT CAREFULLY. BY INSTALLING, COPYING OR
4 OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF
5 THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT
6 INSTALL, COPY OR OTHERWISE USE THE SOFTWARE.
7
8 This license agreement ("License") is a legal agreement between you
9 and SJ Labs, Inc. ("SJ Labs") granting you certain rights to access
10 and use software owned by SJ Labs and/or downloaded from the SJLabs
11 website, together with any permitted copies of, and any permitted
12 modifications, enhancements, or corrections to such software
13 (collectively, the "Software") and any electronic user manuals and
14 on-line help function for the Software, as SJ Labs may update them
15 from time to time ("Documentation"). YOU HEREBY AGREE, BOTH ON YOUR
16 OWN BEHALF AND AS AN AUTHORIZED REPRESENTATIVE OF ANY ORGANIZATION FOR
17 WHICH YOU ARE USING THE SOFTWARE ("EMPLOYER"), THAT YOU AND YOUR
18 EMPLOYER WILL USE THE SOFTWARE ONLY IN ACCORDANCE WITH FOLLOWING TERMS
19 AND CONDITIONS:
20
21 1. License Grant. SJ Labs grants to you, and you accept, a personal,
22 nonexclusive, nontransferable license to access and use the Software
23 and to access and use the Documentation. If the SJ Labs website
24 indicates that the item of Software you are downloading includes
25 access to the Software in source code form, this License authorizes
26 the access and use of the Software in either source or object code
27 form. Otherwise, this License authorizes the access and use of the
28 Software only in object code form. The Software may be used only on a
29 single computer controlled by you. Neither concurrent use on two or
30 more computers, nor use on a local-area or other network, nor use for
31 any commercial purpose, is permitted without separate authorization
32 and the payment of license fees. (For information concerning
33 commercial licensing of the Software, please contact SJ Labs at E-mail
34 information@sjlabs.com). You may make one copy of the Software and the
35 Documentation for backup purposes, so long as you do not omit or alter
36 any copyright, trademark or other proprietary notices. This License is
37 effective until terminated as provided herein. You may terminate this
38 License by destroying the Software, the Documentation, and any copies
39 of the Software or the Documentation in your possession. This License
40 will terminate automatically upon any violation of the terms and
41 conditions of this License. You acknowledge that this License does not
42 entitle you to any support, maintenance or upgrade from SJ Labs
43
44 2. License Restrictions. You may not do any of the following yourself,
45 or through any other person:
46
47 A) Copy, modify or create derivative works based upon the Software or
48 Documentation;
49
50 B) Decompile, disassemble, or reverse engineer the Software in whole
51 or in part (except that if the website indicates that the item of
52 Software you are downloading includes access to the Software in source
53 code form, such access is not prohibited by the foregoing);
54
55 C) Defeat, disable or circumvent any protection mechanism related to
56 the Software or Documentation, including without limitation any code
57 which necessitates or solicits agreement to a License before use of
58 the Software;
59
60 D) Sell, license, sublicense, lease, rent, distribute, disclose,
61 permit access to, or transfer to any third party, whether for profit
62 or without charge, any portion of the Software or the Documentation,
63 or, in particular, without limiting the generality of the foregoing,
64 distribute the Software over networks, electronic bulletin boards, or
65 websites, or allow any party to use the Software;
66
67 E) Publish, disseminate or otherwise communicate any review of or
68 information about Software performance to any third party without the
69 prior written consent of SJ Labs; or
70
71 F) Export, use or download the Software in violation of any laws or
72 regulations, including U.S. Department of Commerce Export
73 Administration regulations and other applicable laws.
74
75 3. Title and Ownership. Except for the rights expressly granted above,
76 this License transfers to you no right, title, or interest in the
77 Software, the Documentation, or any copyright, patent, trademark,
78 trade secret or other intellectual property or proprietary right in
79 the Software or the Documentation. SJ Labs retains sole and exclusive
80 title to all portions of the Software, Documentation and any copies
81 thereof, and you hereby assign to SJ Labs all right, title, and
82 interest in and to any modifications you make to the Software or
83 Documentation, whether or not such modifications are permitted. You
84 agree not to disclose the Software or the Documentation to anyone. The
85 Software and the Documentation contain valuable proprietary
86 information the unauthorized use or disclosure of which would
87 irreparably harm SJ Labs. Upon learning of any unauthorized possession
88 or use of or access to the Software, you will notify SJ Labs
89 immediately, will promptly furnish details of such occurrence, will
90 assist in preventing any recurrence thereof, and will cooperate fully
91 in any litigation or other proceedings undertaken to protect the
92 rights of SJ Labs. Use of certain of the Software may require you to
93 pay license or other fees to third parties. You are responsible for
94 payment of all such third party fees. SJ Labs is not responsible for
95 payment of any such third party license fees.
96
97 4. Miscellaneous Terms. This License shall be governed by the laws of
98 the United States and the State of OHIO, without regard to conflicts
99 of law principles. You irrevocably submit to the jurisdiction of any
100 state or federal court sitting in Cuyahoga County, OH and any action
101 or proceeding arising out of this License will be heard and determined
102 in such court. If any provision of this License is held to be
103 unenforceable, this License shall be construed so as to give the
104 fullest possible effect to its terms consistent with applicable law.
105 The failure of SJ Labs to exercise any of its rights shall not operate
106 as a waiver of its right to exercise such right or any other right in
107 the future. This License constitutes the entire agreement between you
108 and SJ Labs with respect to the Software, and may not be modified or
109 assigned except in a writing signed by you and SJ Labs. BE ADVISED
110 THAT IN ORDER TO PROVIDE YOU WITH THE BEST QUALITY PRODUCTS THE
111 SOFTWARE WILL SEND US SOME TECHNICAL DATA ABOUT THE DEVICE IT IS
112 INSTALLED ON. THIS DATA WILL BE USED FOR RESEARCH AND DEVELOPMENT
113 PURPOSES ONLY.
114
115 BY INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO
116 BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE
117 TERMS OF THIS LICENSE, DO NOT INSTALL, COPY OR OTHERWISE USE THE
118 SOFTWARE.
119
120 5. Limited Support. During the sixty (60) day period following the
121 Effective Date, SJ Labs will furnish web/email support for the
122 Software to you on an "as available" basis.
123
124 6. DISCLAIMER OF WARRANTY/LIMITATION OF REMEDIES. SJ Labs has no
125 obligation to support the Software or Documentation it is providing
126 under this Agreement, except as provided in Section 5 hereof. To the
127 extent permitted under applicable law, SJ Labs is licensing the
128 Software and Documentation to you "AS IS", WITH NO EXPRESS OR IMPLIED
129 WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED
130 WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR
131 WARRANTIES AGAINST INFRINGEMENT OF ANY PROPRIETARY RIGHTS OF A THIRD
132 PARTY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT,
133 CONTRACT, OR OTHERWISE, SHALL SJ Labs BE LIABLE FOR ANY CONSEQUENTIAL,
134 INCIDENTAL, OR SPECIAL DAMAGES, OR ANY OTHER RELIEF WHATSOEVER, OR FOR
135 ANY CLAIM BY ANY THIRD PARTY, ARISING FROM USE BY YOU OR OTHERS OF THE
136 SOFTWARE OR DOCUMENTATION, EVEN IF SJ Labs SHALL HAVE BEEN INFORMED OF
137 THE POSSIBILITY OF SUCH DAMAGES. Some States and other jurisdictions
138 do not allow for the exclusion or limitation of implied warranties so
139 the above exclusions or limitations may not apply to you. This
140 warranty gives you specific legal rights and you may also have other
141 rights, which vary from jurisdiction to jurisdiction.
142
143
144 (C) SJ Labs, Inc., 1999-2005

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