This CD is licensed in accordance with the terms of the The SynOptics Technical Source CDÖ License Agreement.
⌐ 1994 SynOptics Communications, Inc. All rights reserved. SynOptics Communications and LattisNet are registered trademarks of SynOptics Communications, Inc. FrameMaker and FrameReader are registered trademarks of Frame Technology, Inc. HyperCard is a registered trademark of Claris Corporation, Inc. Macintosh is a registered trademark of Apple Computer, Inc. Finder is a trademark of Apple Computer, Inc. Microsoft is a registered trademark of Microsoft Corporation. All other brand and product names are trademarks or registered trademarks of their respective holders.
THE SYNOPTICS TECHNICAL SOURCE CDÖ LICENSE AGREEMENT
NOTICE: Please carefully read this license agreement before using The SynOptics Technical Source Compact Disc ("STS CD"). By using the STS CD you accept all of the terms and conditions of this License Agreement. The terms expressed in this Agreement are the only terms under which SynOptics will permit you to use the STS CD. If you do not accept these terms and conditions, return the STS CD, unused and in the original shipping container, to the place where you obtained it.
1. License Grant. This STS CD contains application, demonstration, system and/or other software ("Software") and related documentation and other materials ("Documentation") owned by SynOptics Communications, Inc. (ôSynOpticsö) and/or licensed to SynOptics by SynOptics licensors. SynOptics grants the end user of the Software (ôLicenseeö) a non-exclusive license to use the Software on a single Apple computer in conjunction with the authorized use of the STS CD. The end user is expressly prohibited from copying, duplicating, reproducing, or otherwise transferring the Software and Documentation for any other purpose whatsoever, without the written permission of SynOptics
2. Restrictions on use; reservation of rights. The Software and Documentation and the files on the STS contains copyrighted material, and other proprietary information of SynOptics and its licensors. SynOptics and/or its licensors retain all title and ownership in the STS CD, Software and Documentation and the information contained therein, including any revisions. Licensee may not modify, translate, decompile, disassemble, unbundle, use for any competitive analysis, or reverse engineer the Software or Documentation, in whole or in part. The information on the STS CD may be used for promotion of SynOptics products only.
3. Confidential Information. Licensee agrees to maintain confidential information contained in the STS CD in confidence and to prevent the disclosure of such confidential information to third parties. Licensee agrees to use at least the same level of protection for the STS CD as it uses for its own confidential information. However, in no event will Licensee use less than a reasonable level of protection for such information. This Agreement does not give Licensee any rights to use information on the STS CD for any purpose other than for promotion of SynOptics products. Licensee agrees that it will not use the information on the STS CD for any other purpose. However, this Agreement does not deny Licensee any lawful right (i) to use any information received from a third party which is lawfully in possession of the information where the third party is not under an obligation to SynOptics or its licensors regarding the confidentiality of the information or (ii) to use any information which has been made lawfully publicly available.
4. Warranty Disclaimer. Licensee expressly acknowledges and agrees that use of the STS CD and Software is at your sole risk. The STS CD, Software and Documentation are provided ôAS ISö. SYNOPTICS AND ITS LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE STS CD, SOFTWARE AND DOCUMENTATION. SYNOPTICS AND ITS LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. SynOptics and its licensors do not warrant, guarantee or make any representations regarding the use or the results of the use of the STS CD or the software or information contained therein in terms of its correctness, accuracy, reliability, currentness or otherwise. Information contained in this CD is subject to change from time to time. Product information is subject to change without notice. Mention of non-SynOptics products or services is for information purposes only, and constitutes neither an endorsement nor a recommendation. SynOptics is under no obligation to release any unreleased products for shipment to customers. The entire risk as to the results and performance of the Software is assume by Licensee. The exclusion of implied warranties is not permitted by some jurisdictions. The above exclusion may not apply to you.
5. Limitation of liability. IN NO EVENT SHALL SYNOPTICS or its licensors, and their directors, officers, employees or agents (collectively SynOptics and its licensors) BE LIABLE TO LICENSEE OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES (including damages for loss of business profits, business interruption, loss of business information and the like) ARISING OUT OF THIS LICENSE OR USE or inability to use THE SOFTWARE, EVEN IF SYNOPTICS or its licensors have BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. IN NO EVENT SHALL THE LIABILITY OF SYNOPTICS or its licensors for actual damages from any cause whatsoever, and regardless of the form of the action (whether in contract, tort, product liability or otherwise) RELATING TO THE SOFTWARE OR THIS AGREEMENT EXCEED $50.
6. Government Licensees. This provision applies to all Software and Documentation acquired directly or indirectly by or on behalf of the United States Government. The Software and Documentation are commercial products, licensed on the open market at market prices, and were developed entirely at private expense and without the use of any U.S. Government funds. The license to the U.S. Government is granted only with restricted rights and use, duplication, or disclosure by the U.S. Government is subject to the restrictions set forth in subparagraph (c)(1) of the Commercial Computer SoftwareûûRestricted Rights clause of FAR 52.227-19 or subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause of DFARS 252.227-7013, or their successors, whichever is applicable.
7. Term and termination. This license is effective until terminated; however all of the restrictions with respect to copyright in the Software and Documentation will cease being effective at the date of expiration of the copyright; those restrictions relating to use and disclosure of confidential information shall continue in effect. Licensee may terminate this license at any time. The license will automatically terminate if Licensee fails to comply with any of the terms and conditions of the license. Upon termination for any reason, Licensee will immediately destroy or return to SynOptics the STS CD, Software and Documentation.
8. General. If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the remainder of the provisions of this Agreement shall remain in full force and effect. This Agreement will be governed by the laws of the state of California.
Should you have any questions concerning this Agreement, contact SynOptics Communications, Inc., 4401 Great America Parkway, P.O. Box 58185, Santa Clara, California 95052-8185.
LICENSEE ACKNOWLEDGES THAT LICENSEE HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. LICENSEE FURTHER AGREES THAT THIS AGREEMENT IS THE ENTIRE AND EXCLUSIVE AGREEMENT BETWEEN SYNOPTICS AND LICENSEE, WHICH SUPERSEDES ALL PRIOR ORAL AND WRITTEN AGREEMENTS AND COMMUNICATIONS BETWEEN THE PARTIES PERTAINING TO THE SUBJECT MATTER OF THIS AGREEMENT. NO DIFFERENT OR ADDITIONAL TERMS WILL BE ENFORCEABLE AGAINST SYNOPTICS UNLESS SYNOPTICS GIVES ITS EXPRESS WRITTEN CONSENT, INCLUDING AN EXPRESS WAIVER OF THE TERMS OF THIS AGREEMENT.
I understand and agree with the terms of this license, and agree that the information on the STS CD will be used for promotion of SynOptics products only.
