/[gentoo-x86]/licenses/UPEK-SDK-EULA
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Contents of /licenses/UPEK-SDK-EULA

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Revision 1.1 - (show annotations) (download)
Fri Nov 16 10:08:45 2012 UTC (21 months ago) by ulm
Branch: MAIN
CVS Tags: HEAD
Add EULA for sys-auth/tfm-fingerprint, bug 442008.

1 END-USER LICENSE AGREEMENT
2 for
3 UPEK, INC. SDK SOFTWARE PRODUCTS
4
5 IMPORTANT, PLEASE READ CAREFULLY
6
7 YOU MAY NOT INSTALL OR USE THIS UPEK SOFTWARE PRODUCT UNLESS YOU HAVE
8 CAREFULLY READ THE TERMS AND CONDITIONS SET FORTH BELOW AND INDICATE
9 YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS BY CLICKING ON THE "I
10 ACCEPT" BUTTON AT THE END OF THIS SCREEN.
11
12 This End-User License Agreement ("EULA") represents the understanding
13 between UPEK, Inc. and its successors and assigns ("UPEK") and you
14 (either an individual person or a single legal entity, referred to in
15 this EULA as "You" or "Your") and governs the use of the UPEK software
16 product that accompanies this EULA, including any associated media,
17 printed materials and electronic documentation (the "Software
18 Product"), except to the extent a particular program is the subject of
19 a separate written agreement with UPEK. The Software Product may also
20 include any software updates, add-on components, stencils, templates,
21 shapes, symbols, web services and/or supplements that UPEK may provide
22 to You or make available to You, or that You obtain from the use of
23 features or functionality of the Software Product, after the date You
24 obtain Your initial copy of the Software Product (whether by delivery
25 of a CD, permitted downloading from the Internet or a dedicated web
26 site, or otherwise), to the extent that such items are not accompanied
27 by a separate license agreement or terms of use.
28
29 BY INSTALLING OR USING THE SOFTWARE PRODUCT, YOU ARE CONSENTING TO BE
30 BOUND BY THIS EULA. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND
31 CONDITIONS OF THIS EULA, THEN (A) DO NOT INSTALL OR USE THE SOFTWARE
32 PRODUCT, AND (B) YOU MAY RETURN THE SOFTWARE PRODUCT TO THE PERSON WHO
33 PROVIDED IT TO YOU FOR A FULL REFUND. Should You have any questions
34 concerning this EULA, or if You desire to contact UPEK for any reason,
35 please contact the UPEK subsidiary serving Your country/region.
36
37 1. GRANT OF LICENSE. Subject to the terms and conditions of this EULA
38 and Your payment of all applicable fees for the Software Product, UPEK
39 and its suppliers hereby grant to You, and You hereby accept a
40 nonexclusive license to install and use copies of the Software
41 Product, on a device, workstation, terminal, PC peripheral or other
42 digital, electronic or analog device embedding a UPEK fingerprint
43 sensor (a "UPEK-Enabled Device"), for the purpose of designing,
44 creating testing, and distributing Your software product(s). If this
45 Software Product contains documentation that is provided only in
46 electronic form, You may print one copy of such electronic
47 documentation; provided, however, that You may not copy the printed
48 materials accompanying the Software Product.
49
50 2. ADDITIONAL LICENSE RIGHTS - REDISTRIBUTABLE CODE. In addition to
51 the rights granted in section 1, certain portions of the product are
52 redistributable by You as part of Your copyrighted software
53 application. These additional license rights are conditioned upon your
54 compliance with the distribution requirements and license restrictions
55 described in Section 3.
56
57 2.1 Sample Code. UPEK grants you the right to use and modify the
58 source code version of those portions of the Product identified as
59 "Samples" in REDISTRIBUTABLES.TXT or elsewhere in the Product ("Sample
60 Code") for the sole purposes of designing, developing, testing and
61 distributing your software product(s), and to reproduce and distribute
62 the Sample Code, along with any modifications thereof, in object
63 and/or source code form. For applicable redistribution requirements
64 for Sample Code, see Section 3.1 below.
65
66 2.2 Redistributable Object-Code. UPEK grants you a nonexclusive right
67 to reproduce and distribute the object code of any portion of the
68 Product listed in REDISTRIBUTABLES.TXT ("Redistributable Code"). For
69 applicable redistribution requirements for Redistributable Code, see
70 Section 3.1, below.
71
72 3. LICENSE RESTRICTIONS -- DISTRIBUTION REQUIREMENTS. If you choose to
73 exercise your rights under Section 2, any redistribution by you
74 requires compliance with the following terms, as appropriate.
75
76 3.1 Redistributable Code-Standard.
77
78 (a) If you are authorized and choose to redistribute Sample Code
79 and/or Redistributable Object- Code, as described in Section 2, you
80 agree: (i) except as otherwise noted in Section 2.1 (Sample Code), to
81 distribute the Redistributables only in object code form and in
82 conjunction with and as a part of a copyrighted software application
83 product developed by you that adds significant and primary
84 functionality to the Redistributables ("Licensed Product"); (ii) to
85 display your own valid copyright notice which shall be sufficient to
86 protect UPEK's copyright in the Product; (iii) not to remove or
87 obscure any copyright, trademark or patent notices that appear on the
88 Product as delivered to you; (iv) to indemnify, hold harmless, and
89 defend UPEK from and against any claims or lawsuits, including
90 attorney's fees, that arise or result from the use or distribution of
91 the Licensed Product; (v) otherwise comply with the terms of this
92 EULA; and (vi) agree that UPEK reserves all rights not expressly
93 granted.
94
95 (b) You also agree not to permit further distribution of the
96 Redistributables by your end users except: (1) you may permit further
97 redistribution of the Redistributables by your distributors to your
98 end-user customers if your distributors only distribute the
99 Redistributables in conjunction with, and as part of, the Licensed
100 Product and You and Your distributors comply with all other terms of
101 this EULA.
102
103 4. RESERVATION OF RIGHTS; RESTRICTIONS. All rights not expressly
104 granted by UPEK in this EULA are reserved. Except as otherwise
105 expressly provided under this EULA, You shall not, and shall not allow
106 any third party to:
107
108 (a) transfer, assign, sublicense, resell, re-license or provide,
109 lease, lend or allow access to the Software Product to any other
110 person or entity, except as otherwise provided herein;
111
112 (b) make error corrections or create derivative works based upon the
113 Software Product;
114
115 (c) copy (except to make a single back-up copy to replace an unusable
116 copy of the Software Product), modify, prepare derivative works based
117 upon, decompile, decrypt, reverse engineer or attempt to reconstruct
118 or discover any source code or underlying ideas or algorithms of the
119 Software Product by any means whatsoever (except to the extent
120 applicable laws specifically prohibit such restriction), disassemble
121 or otherwise reduce the Software Product to human-readable form to
122 gain access to trade secrets or confidential information in the
123 Software Product;
124
125 (d) use the Software Product for timesharing, hosting or service
126 bureau purposes; or
127
128 (e) remove, obscure, or alter UPEK's (or its third party licensors')
129 copyright notices, trademarks, or other proprietary rights notices
130 affixed to or contained within the Software Product (and any copies
131 thereof, including the back-up copy) or use such notices, trademarks
132 or service marks for any other purpose.
133
134 You understand and agree that (i) the Software Product is licensed to
135 You and not sold, (ii) your license to the individual components of
136 the Software Product is limited to use of the Software Product as a
137 whole, and You may not use or seek to use software code incorporated
138 therein on a stand-alone basis, and (iii) the individual components of
139 the Software Product may not be separated for use on more than one
140 UPEK- Enabled Device, unless expressly permitted by this EULA. UPEK
141 retains title to all copies of the Software Product and all associated
142 intellectual property rights therein, and any and all documentation
143 thereof.
144
145 5. PROPRIETARY NOTICES; TRADEMARKS. You agree to maintain and
146 reproduce all copyright and other proprietary notices on all copies,
147 in any form, of the Software Product in the same form and manner that
148 such copyright and other proprietary notices are included on the
149 Software Product, including on any back-up copy of the Software
150 Product. This EULA does not grant You any rights in connection with
151 any trademarks or service marks of UPEK.
152
153 6. SUPPORT SERVICES. UPEK may provide You with support services
154 related to the Software Product ("Support Services"). Use of Support
155 Services, if any, is governed by the UPEK policies and terms described
156 in other UPEK-provided materials. Any supplemental software code
157 provided to You as part of the Support Services is considered part of
158 the Software Product and subject to the terms and conditions of this
159 EULA.
160
161 7. LIMITED WARRANTY.
162
163 (a) UPEK warrants that during the "Warranty Period" (as defined
164 below): (i) the media on which the Software Product is furnished, if
165 any, will be free of defects in materials and workmanship under normal
166 use; and (ii) the Software Product will substantially conform to its
167 published specifications (the "Limited Warranty"). The "Warranty
168 Period" means a period beginning on the date of Your receipt of the
169 Software Product, as applicable, and ending on the later of (i) thirty
170 (30) days from the date of delivery of such Software Product, as
171 applicable, or (ii) the end of the minimum period required by the law
172 of the applicable jurisdiction. The Limited Warranty extends only to
173 You as the original licensee. This Limited Warranty does not cover
174 anything caused by accident or abuse or by use of the Software Product
175 other than for its reasonably intended purposes and as recommended in
176 the accompanying user documentation. Updates are covered by this
177 warranty only if provided to You during the Warranty Period. Your sole
178 and exclusive remedy and the entire liability of UPEK and its
179 suppliers under this Limited Warranty will be, at UPEK's option, to
180 repair, replace, or refund the purchase price for the Software Product
181 that is returned to UPEK, as applicable, provided that you report the
182 defects to UPEK or its designee within the Warranty Period. Any breach
183 of the Limited Warranty related to an error or defect in the media
184 containing the Software Product shall be remedied solely with the
185 replacement of the media containing the Software Product. You shall
186 pay shipping or freight charges, including, without limitation,
187 obtaining full value replacement insurance, for any returns, whether
188 for repair, replacement, or refund, to UPEK or its designee.
189
190 (b) This warranty does not apply if the Software Product (i) is
191 licensed for beta, evaluation, testing, demonstration or other
192 purposes for which UPEK does not receive a license fee, (ii) has been
193 altered, except by UPEK, (iii) has not been installed, operated,
194 repaired, or maintained by UPEK or in accordance with instructions
195 supplied by UPEK, (iv) has been subjected to abnormal physical or
196 electrical stress, misuse, negligence, or accident, or (v) is used in
197 ultrahazardous activities.
198
199 8. DISCLAIMER OF WARRANTIES.
200
201 (a) EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN SECTION 7, UPEK AND
202 ITS SUPPLIERS PROVIDE THE SOFTWARE PRODUCT AND SUPPORT SERVICES (IF
203 ANY) TO YOU "AS IS," AND YOUR USE IS AT YOUR OWN RISK. UPEK DOES NOT
204 MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS OR IMPLIED
205 WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
206 MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF
207 THIRD PARTY RIGHTS, AND ANY WARRANTIES ARISING FROM A COURSE OF
208 DEALING, USAGE, OR TRADE PRACTICE. THE DURATION OF ANY IMPLIED
209 WARRANTY THAT IS NOT EFFECTIVELY DISCLAIMED WILL BE LIMITED TO THE
210 WARRANTY PERIOD. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN
211 IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
212
213 (b) UPEK DOES NOT WARRANT THAT THE SOFTWARE PRODUCT IS ERROR FREE OR
214 THAT YOU WILL BE ABLE TO OPERATE THE SOFTWARE WITHOUT PROBLEMS OR
215 INTERRUPTIONS.
216
217 9. LIMITATION OF LIABILITY.
218
219 (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY
220 ACKNOWLEDGE AND AGREE THAT NEITHER UPEK NOR ITS AFFILIATES, RESELLERS
221 OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
222 CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR IN
223 CONNECTION WITH THIS EULA, HOWSOEVER CAUSED BY ANY THEORY OF
224 LIABILITY, INCLUDING BUT NOT LIMITED TO, CONTRACTS, PRODUCTS
225 LIABILITY, STRICT LIABILITY AND NEGLIGENCE, AND WHETHER OR NOT UPEK OR
226 ITS SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF
227 SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT
228 PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE TOTAL LIABILITY OF
229 UPEK OR ANY OF ITS AFFILIATES, SUPPLIERS OR LICENSORS ARISING OUT OF
230 OR RELATED TO THIS EULA EXCEED THE FEES ACTUALLY PAID TO UPEK FOR THE
231 SOFTWARE PRODUCT.
232
233 (b) YOU ACKNOWLEDGE AND AGREE THAT THE PROVISIONS UNDER THIS EULA THAT
234 LIMIT LIABILITY, DISCLAIM WARRANTIES, OR EXCLUDE CONSEQUENTIAL DAMAGES
235 OR OTHER DAMAGES OR REMEDIES ARE ESSENTIAL TERMS OF THIS EULA THAT ARE
236 FUNDAMENTAL TO THE PARTIES' UNDERSTANDING REGARDING ALLOCATION OF
237 RISK. ACCORDINGLY, SUCH PROVISIONS SHALL BE SEVERABLE AND INDEPENDENT
238 OF ANY OTHER PROVISIONS AND SHALL BE ENFORCED AS SUCH, REGARDLESS OF
239 ANY BREACH OR OTHER OCCURRENCE HEREUNDER, AND EVEN UNDER CIRCUMSTANCES
240 THAT CAUSE ANY EXCLUSIVE REMEDY UNDER THIS EULA TO FAIL OF ITS
241 ESSENTIAL PURPOSE.
242
243 10. TERM AND TERMINATION.
244
245 (a) The term of this EULA shall commence upon the date You accept the
246 terms and conditions of this EULA, and shall continue in full force
247 and effect thereafter unless terminated by UPEK as provided herein.
248 UPEK may, at its option, terminate this EULA immediately upon notice
249 to You, if You fail to comply with any terms and conditions of this
250 EULA.
251
252 (b) Upon termination, all license rights under this EULA will
253 terminate and You must promptly destroy all copies of the Software
254 Product in Your possession or control. Upon UPEK's request, You shall
255 certify in writing that You have complied with Your obligations under
256 this Section and otherwise under this EULA. Termination by UPEK will
257 not limit any of UPEK's other rights or remedies under this EULA or at
258 law or in equity.
259
260 11. MISCELLANEOUS.
261
262 (a) LIMITS ON YOUR RIGHT TO TRANSFER. You may not assign, sublicense,
263 rent, lease, lend, sell, grant a security interest in, or otherwise
264 transfer the Software Product or any rights under this EULA without
265 the prior written consent of UPEK.
266
267 (b) APPLICABLE LAW. This EULA is governed by the laws of the United
268 States and the State of California, without regard to the conflict of
269 laws principles thereof. In relation to any legal action or proceeding
270 arising out of this EULA, You hereby irrevocably consent and submit to
271 the exclusive jurisdiction of the competent federal and state courts
272 having jurisdiction in San Francisco County, California, and waive any
273 objection to proceedings in such courts. If this EULA is translated
274 into a language other than English and there is a conflict between the
275 terms of the EULA in English and the EULA in the other language, the
276 terms of the terms of the EULA in English shall prevail. The EULA in
277 English may be downloaded from the UPEK website.
278
279 (c) COMPLIANCE WITH LAWS. You agree to use the Software Product in
280 compliance with all applicable laws, statutes, rules and regulations,
281 including, without limitation, U.S. export laws and regulations.
282
283 (d) SEVERABILITY AND SURVIVAL. If any provision of this EULA is
284 illegal or unenforceable under applicable law, the remaining
285 provisions of this EULA will remain valid and fully enforceable. If
286 any provision is in part enforceable and in part unenforceable, it
287 will be enforced to the extent permitted under applicable law.
288 Sections 4, 5, 7, 8, 9, 10 and 11 shall survive the termination of
289 this EULA.
290
291 (e) INJUNCTIVE RELIEF. You agree that a breach of this EULA adversely
292 affecting UPEK's proprietary rights in the Software Product or any
293 UPEK-Enabled Device may cause irreparable injury to UPEK for which
294 monetary damages would not be an adequate remedy and UPEK shall be
295 entitled to equitable relief in addition to any remedies it may have
296 hereunder or at law.
297
298 (f) ENTIRE AGREEMENT. This EULA (including any addendum or amendment
299 to this EULA which is included with the Software Product) is the
300 entire agreement between You and UPEK relating to the Software Product
301 and the Support Services (if any) and they supersede all prior or
302 contemporaneous oral or written communications, proposals and
303 representations with respect to the Software Product or any other
304 subject matter covered by this EULA. No amendment to or modification
305 of this EULA will be binding unless made in writing and signed by
306 UPEK. No failure to exercise, and no delay in exercising, on the part
307 of either party, any right or any power hereunder shall operate as a
308 waiver thereof, nor shall any single or partial exercise of any right
309 or power hereunder preclude further exercise of any other right
310 hereunder. In the event of any conflict between this EULA and any
311 applicable purchase terms or UPEK's policies and terms for Support
312 Services, the terms of this EULA shall control.

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