PC for Alla 2004 April/PFA0404.iso/internet/Eudora_6.0.exe/data1.cab/Program_Executable_Files/License.txt

Text File | 2004-02-02 | 9.1 KB | 178 lines

EUDORA« VERSION 6.0 SOFTWARE LICENSE AGREEMENT
-------------------------------------------------------------

QUALCOMM INCORPORATED« ("QUALCOMM") IS WILLING TO LICENSE ITS
EUDORA VERSION 6.0 SOFTWARE INCLUDING ACCOMPANYING
PUREVOICE(TM) PLAYER-RECORDER AND PUREVOICE(TM) PLUG-IN (THE
"SOFTWARE") AND THE ACCOMPANYING DOCUMENTATION TO YOU ONLY ON
THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS
IN THIS AGREEMENT. BY CLICKING ON THE "YES" BUTTON BELOW YOU
ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT
AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO
NOT AGREE TO THESE TERMS, QUALCOMM IS UNWILLING TO AND DOES
NOT LICENSE THE SOFTWARE TO YOU. IF YOU DO NOT AGREE TO THESE
TERMS YOU MUST CLICK ON THE "NO" BUTTON AND DISCONTINUE THE
INSTALLATION PROCESS. ANY USE OF THE SOFTWARE BY YOU IS
SUBJECT TO THE TERMS AND CONDITIONS SET FORTH HEREIN.

1. LICENSE. Subject to the terms and conditions of this
License Agreement, QUALCOMM hereby grants you a nonexclusive
license to install and use the Software in machine-readable
form for testing and evaluation purposes, or purchased license
copy on a single personal computer, provided that if you are
an individual, on one or more personal computers in your
household or home office owned or controlled by you for use
by yourself. You may copy the Software only for backup
purposes, provided that you reproduce all copyright and other
proprietary notices that are on the original copy of the
Software.

2. RESTRICTIONS. QUALCOMM retains all right, title, and
interest in and to the Software, and any rights not expressly
granted to you herein are reserved by QUALCOMM. You may not
reverse engineer, disassemble, decompile, or translate the
Software, or otherwise attempt to derive the source code of
the Software, except to the extent (if at all) expressly
permitted under any applicable law. If applicable law expressly
permits such activities, any information so discovered or
derived shall be deemed to be the confidential proprietary
information of QUALCOMM and must be promptly disclosed by you
to QUALCOMM. Any attempt to transfer any of the rights, duties
or obligations hereunder is void. You may not rent, lease or
loan the Software. You may not reproduce (except as expressly
permitted under Section 1), distribute, publicly perform,
publicly display, modify or create derivative works of or
based on the Software.

3. TECHNICAL SUPPORT. Limited technical support (via telephone
or email response) may be available for a limited period of
time if you use the Software in ôPaid Modeö. Information
regarding availability, nature and conditions of limited
technical support may be found at www.eudora.com/techsupport.

4. NO WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE
USE OF THE SOFTWARE IS AT YOUR SOLE RISK. THE SOFTWARE (AND
TECHNICAL SUPPORT, IF ANY) IS PROVIDED "AS IS" AND WITHOUT ANY
WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT
PERMITTED UNDER APPLICABLE LAWS, QUALCOMM AND ANY APPLICABLE
LICENSORS (FOR THE PURPOSES OF SECTIONS 4, 5 AND 6, QUALCOMM
AND QUALCOMM'S LICENSOR(S) SHALL BE COLLECTIVELY REFERRED TO
AS QUALCOMM) EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NONINFRINGEMENT. QUALCOMM DOES NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT
THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-
FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
FURTHERMORE, QUALCOMM DOES NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF
THE SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY,
RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR
ADVICE GIVEN BY QUALCOMM OR ITS AUTHORIZED REPRESENTATIVES
SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF
THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY
OR MAY BE LIMITED.

5. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED
UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES, INCLUDING
NEGLIGENCE, SHALL QUALCOMM, ITS AFFILIATES OR THEIR DIRECTORS,
OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES
(INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS
PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION
AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE
SOFTWARE, EVEN IF QUALCOMM OR ITS AUTHORIZED REPRESENTATIVE
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME
JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE
ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY. IN NO EVENT
SHALL QUALCOMM'S TOTAL LIABILITY TO YOU FOR ANY AND ALL
DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTIONS (WHETHER IN
CONTRACT, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE) EXCEED
THE GREATER OF THE AMOUNT PAID BY YOU FOR THE SOFTWARE OR $10.

6. INDEMNITY. You agree to defend and indemnify QUALCOMM
against all any and all claims, losses, liabilities, damages,
costs and expenses, including attorney's fees, which QUALCOMM
may incur as a result of or in connection with your breach of
this Agreement.

7. TERM AND TERMINATION. This Agreement shall continue until
terminated. You may terminate the Agreement at any time by
deleting all copies of the Software and all related
information. This Agreement terminates immediately and
automatically, with or without notice, if you fail to comply
with any provision hereof. Additionally, QUALCOMM may at any
time terminate this Agreement, without cause, upon notice to
you. Upon termination you must delete or destroy all copies
of the Software in your possession. Sections 2, 4 through 6,
8, 9 and 11 survive termination.

8. EXPORT. The Software contains strong encryption that is
subject to the laws and regulations of the US Government.
Licensee agrees and certifies that neither the Software nor
any other technical data received from QUALCOMM, nor the direct
product thereof, will be exported, re-exported, or transferred
except as authorized and as permitted by the laws and
regulations of the United States Government. Prohibited exports
include but are not limited to; the export, re-export, or
transfer of the Software or technical data to any prohibited
entities or destinations subject to the US Government's current
list of restricted or embargoed countries, any parties currently
listed on the US Government's Denied Parties or Specially
Designated National list, and any proliferation activities
prohibited by the US Government such as chemical, biological,
nuclear or missile technology.

9. GOVERNMENT END USERS. If you are or are acting on behalf of
an agency or instrumentality of the United States Government, the
Software, as applicable, is "commercial computer software" and
"commercial computer software documentation" and pursuant to
FAR 12.212 or DFARS 227 7202 and their successors, as applicable,
use, reproduction and disclosure of the Software is governed by
the terms of this Agreement.

10. CONTRACTING PARTIES. If the Software is installed on any
computer owned by a corporation or other legal entity, then this
Agreement is formed by and between QUALCOMM and such entity. The
individual executing this Agreement represents and warrants to
QUALCOMM that they have the authority to bind such entity to the
terms and conditions of this Agreement.

11. GENERAL. This Agreement is governed and interpreted in
accordance with the laws of the State of California without
giving effect to its conflict of laws provisions. The United
Nations Convention on Contracts for the International Sale of
Goods is expressly disclaimed and shall not apply. Any claim
arising out of or related to this Agreement must be brought
exclusively in a federal or state court located in San Diego
County, California and you consent to the jurisdiction of such
courts. If any provision of this Agreement shall be invalid,
the validity of the remaining provisions of this Agreement shall
not be affected. This Agreement is the entire and exclusive
agreement between QUALCOMM and you with respect to the Software
and supersedes all prior agreements (whether written or oral)
and other communications between QUALCOMM and you with respect
to the Software.

COPYRIGHT (C) 2003 BY QUALCOMM INCORPORATED. ALL RIGHTS RESERVED.

QUALCOMM« IS A REGISTERED TRADEMARK AND REGISTERED SERVICE MARK
OF QUALCOMM INCORPORATED. PUREVOICE(TM) IS A TRADEMARK OF
QUALCOMM INCORPORATED. ALL OTHER TRADEMARKS AND SERVICE MARKS
ARE THE PROPERTY OF THEIR RESPECTIVE OWNERS.

Certicom(TM) and SSL Plus (TM) are trademarks of Certicom Corp.
Copyright ⌐ 1997-2000 Certicom Corp.  Portions are subsidiary of
Certicom Corp. All rights reserved. Protected by U.S. 6,049,815;
U.S. 5,896,455; U.S. 5,889,865, U.S. 5,761,305; U.S. 5,787,028;
U.S. 4,745,568. Patents pending.

BY CLICKING ON THE "YES" BUTTON YOU ACKNOWLEDGE THAT YOU HAVE
READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS
TERMS AND CONDITIONS.


01/12/04