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Revision 1.1 - (hide annotations) (download)
Wed Apr 17 18:08:16 2013 UTC (6 years, 9 months ago) by ulm
Branch: MAIN
CVS Tags: HEAD
License for net-misc/sjphone, bug 465196.

1 ulm 1.1 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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