License Terms for Eudora Pro Version 4.0.1 - Macintosh Platform
IMPORTANT: PLEASE READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE. BY USING THESOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS
AND CONDITIONS STATED BELOW. IF YOU DO NOT AGREE WITHTHE TERMS OF THIS LICENSE, PROMPTLY RETURN THE UNUSED SOFTWARE TO THE POINT OF PURCHASE OR, IN THE CASE OF
AN ELECTRONIC SOFTWARE TRANSACTION, DO NOT INSTALL THE SOFTWARE AND NOTIFY YOUR SUPPLIER TO RECEIVE A REFUND.
1. License. QUALCOMM Incorporated ("QUALCOMM") grants to the Licensee
purchasing this copy of Eudora Pro Software a nonexclusive, nontransferable
license to use the Eudora software and other software and fonts contained in this
package (collectively the "Software") and its documentation for use in accordance
with this License. Notwithstanding anything to the contrary herein, any license
agreement included in any third party software component(s) shall set forth
Licensee's rights with regard to such software component(s) and shall take
precedence over the terms and conditions of this software license agreement to
the extent they are inconsistent. QUALCOMM or QUALCOMM's Licensors retain title
to the Software and related documentation although the Licensee owns the media
on which the Software and documentation are recorded, if any. This License allows
use of the Software and documentation only by the number of Users and on the
platform specified on the UPC label on the box or kit or, for electronic
transactions, the number of Users licensed. "User(s)" means Licensee, if
Licensee is an individual purchasing the Software for use at office or home (in
which case Licensee's immediate family members residing in the same household
shall not be considered additional Users), or, if Licensee is a corporation or
similar business or commercial entity or government agency, its current
employees. For qualifying educational institutions, "Users" also means faculty
and staff teaching for or employed by Licensee and registered students enrolled
at a single campus operated by Licensee. Subject to the limitations of this
License, each authorized User may only use the Software on (i) any central
processing unit ("CPU"), workstation or portable which is owned or controlled by
Licensee, and (ii) any User-owned CPU, workstation or portable.
2. Restrictions. This License sets forth the terms and conditions governing the use
of the Software and documentation. Licensee may not rent, lease or otherwise
transfer the Software or its documentation. Licensee may make a limited number
of copies of the Software based on the number of licensed Users and a reasonable
number of back-up copies. The Software contains copyrighted material, trade
secrets and other proprietary material. Licensee must reproduce on all such copies
of the Software the copyright notices and any other proprietary legends that were
on the original copy of the Software. Licensee shall not, without the prior written
permission of QUALCOMM, nor permit anyone else to, decompile, reverse
engineer, disassemble or otherwise reduce the Software to a human perceivable
form, or to modify, network, rent, lease, loan, distribute, or create derivative
works based upon the Software or the documentation in whole or in part.
Notwithstanding, if the Software is lawfully acquired outside of the United States
within a jurisdiction which is a member of European Economic Community
(EEC) subject to the EEC Council Directive of May 14, 1991, Licensee agrees
that within that jurisdiction it shall not, and shall not allow any party on
Licensee's behalf, to attempt to reverse engineer or decompile the Software into
another computer language, except as expressly and specifically provided in the
EEC Council Directive of May 14, 1991. Any and all information obtained during
such lawful reverse engineering and/or decompiling activities, including but not
limited to, the organization, logic, algorithms and processes of the Software, shall
be deemed to be the confidential and proprietary information of QUALCOMM or
its Licensors. Licensee shall not make copies of the copyrighted Software
documentation without the prior written permission of QUALCOMM provided
that for electronic transactions, Licensee may make one (1) hard copy of such
documentation for each User.
3. Technical Support. Licensee must register in order to be eligible for technical
support via telephone or electronic mail. For a period of ninety (90) days,
commencing with the date of Licensee's first telephone call requesting support,
Licensee will have access to technical support for the Software for the technical
contact designated on the product registration card included with this package or
specified via electronic mail registration, subject to Licensee's compliance with
QUALCOMM's instructions for accessing such support and standard verification
procedures. Upon the expiration of the above-described ninety (90) day period,
Licensee may extend technical support on a per-incident or annual fee basis in
accordance with QUALCOMM's then-current pricing and terms. Upgrades to the
Software and its documentation, if any, are not included and may be sold
separately.
4. Termination. This License is effective until terminated. Licensee may terminate
this License at any time by destroying all copies of the Software and its
documentation. This License will terminate immediately without notice from
QUALCOMM if Licensee fails to comply with any provision of this License.
Upon termination, Licensee must destroy all copies of the Software and its
documentation.
5. Export Law Assurances. Licensee agrees and certifies that neither the Software
nor any other technical data received from QUALCOMM, nor the direct product
thereof, will be exported outside the United States except as authorized and as
permitted by the laws and regulations of the United States. If the Software has
been rightfully obtained by Licensee outside of the United States, Licensee agrees
that Licensee will not re-export the Software nor any other technical data received
from QUALCOMM, nor the direct product thereof, except as permitted by the
laws and regulations of the United States and the laws and regulations of the
jurisdiction in which Licensee obtained the Software. The Software may not be
exported to any of the following countries: Cuba, Iran, Iraq, Libya, North Korea,
or Syria.
6. Government End Users. If Licensee is acquiring the Software on behalf
of any unit or agency of the United States Government, the following
provisions apply. The Government agrees: (i) if the Software is supplied
to the Department of Defense ("DOD"), the Software is classified as
"Commercial Computer Software" and the Government is acquiring only
"restricted rights" in the Software and its documentation as that term is
defined in Clause 252.227-7013(c)(1) of the DFARS; and (ii) if the Software
is supplied to any unit or agency of the United States Government other
than DOD, the Government's rights in the Software and its documentation
will be as defined in Clause 52.227-19(c)(2) of the FAR or, in the case of
NASA, in Clause 18-52.227-86(d) of the NASA Supplement to the FAR.
7. Limited Warranty on Media. QUALCOMM warrants, with respect to any
Software which is purchased on diskette or CD-ROM, that the diskettes or
CD-ROM on which the Software is recorded will be free from defects in
materials and workmanship under normal use for a period of ninety (90) days
from the date of purchase. QUALCOMM's entire liability and Licensee's
exclusive remedy will be replacement of diskettes or CD-ROM not meeting
QUALCOMM's limited warranty and which are returned to the place of
purchase within such warranty period. QUALCOMM will have no responsibility
to replace a diskette or CD-ROM damaged by accident, abuse or
misapplication.
ANY IMPLIED WARRANTIES ON THE DISKETTES OR CD-ROM
INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN
DURATION TO NINETY (90) DAYS FROM THE DATE OF PURCHASE.
8. Disclaimer of Warranty. Licensee expressly acknowledges and agrees that the
use of the Software and its documentation is at Licensee's sole risk. The Software,
documentation, and technical support are provided "AS IS" and without warranty
of any kind. Information regarding third party services, if any, is provided as a
convenience only, without warranty by QUALCOMM, and will be governed
solely by the terms agreed upon between Licensee and the third party providing
such services. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, QUALCOMM AND QUALCOMM'S LICENSOR(S) (FOR THE PURPOSES OF PROVISIONS 8 AND 9, 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 THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. QUALCOMM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET LICENSEE'S 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 OR ITS DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO
ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY QUALCOMM OR ITS AUTHORIZED REPRESENTATIVE 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.
9. 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 INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING 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 OR ITS DOCUMENTATION, 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 Licensee for all damages,
losses, and causes of action (whether in contract, tort, including negligence, or
otherwise) exceed the amount paid by Licensee for the Software and its
documentation.
10. No Waiver or Assignment. No delay or failure to take action under this
License will constitute a waiver unless expressly waived in writing, signed by a
duly authorized representative of QUALCOMM, and no single waiver will
constitute a continuing or subsequent waiver. This License may not be assigned,
sublicensed or otherwise transferred by Licensee, by operation of law or
otherwise, without QUALCOMM's prior written consent, provided that Licensee
may assign this License upon written notice to QUALCOMM in instances in
which such assignment is to an entity which acquires all or substantially all of the
business of Licensee, whether by merger, consolidation, or acquisition of assets.
11. Controlling Law and Severability. This License shall be governed by and
construed in accordance with the laws of the United States and the State of
California, as applied to agreements entered into and to be performed entirely
within California between California residents. If for any reason a court of
competent jurisdiction finds any provision of this License, or portion thereof, to
be unenforceable, that provision of the License shall be enforced to the maximum
extent permissible so as to effect the intent of the parties, and the remainder of this
License shall continue in full force and effect.
12. Entire Agreement. This License constitutes the entire agreement between the
parties with respect to the use of the Software and its documentation, and
supersedes all prior or contemporaneous understandings or agreements, written or
oral, regarding such subject matter. There shall be no contract for purchase or sale
of the Software except upon the terms and conditions specified herein. Any
additional or different terms or conditions proposed by Licensee or contained in
any purchase order are hereby rejected and shall be of no force and effect unless
expressly agreed to in writing by QUALCOMM. No amendment to or modification of
this License will be binding unless in writing and signed by a duly authorized
representative of QUALCOMM.
Eudora(r) is a registered trademark and Eudora Pro(tm) and Eudora Light(tm)
are trademarks of QUALCOMM Incorporated.
Macintosh(r) is a registered trademark of Apple Computer, Inc.
QUALCOMM PureVoice¬ Player-Recorder Version 1.1 - Macintosh
QUALCOMM PureVoice¬ Plug-In for Eudora(r) Version 1.5.2 - Macintosh
QUALCOMM Incorporated
License Terms for PureVoice¬ Player-Recorder Version 1.1 - Macintosh Platform
License Terms for PureVoice¬ Plug-In for Eudora(r) Version 1.5.2 - Macintosh
Platform
QUALCOMM grants to the user a nonexclusive license to use this PureVoice
software solely for user's own personal or internal business purposes. The
user may not commercially distribute, sublicense, resell, or otherwise
transfer for any consideration, or reproduce for any such purposes, the
PureVoice software or any modification or derivation thereof, either alone
or in conjunction with any other product or program. Further, the user may
not modify the PureVoice software.
THE PUREVOICE SOFTWARE IS PROVIDED TO THE USER ''AS IS.'' QUALCOMM MAKES NO
WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PUREVOICE
SOFTWARE AND/OR ASSOCIATED MATERIALS PROVIDED TO THE USER, INCLUDING BUT
NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR AGAINST INFRINGEMENT. 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 OR ANY DOCUMENTATION PROVIDED THEREWITH IN TERMS OF
THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN
INFORMATION OR ADVICE GIVEN BY QUALCOMM OR A QUALCOMM AUTHORIZED
REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF
THIS WARRANTY.
LIMITATION OF LIABILITY - QUALCOMM IS NOT LIABLE FOR ANY CLAIMS OR DAMAGES
WHATSOEVER, INCLUDING PROPERTY DAMAGE, PERSONAL INJURY, INTELLECTUAL
PROPERTY INFRINGEMENT, LOSS OF PROFITS, OR INTERRUPTION OF BUSINESS, OR FOR
ANY SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, HOWEVER CAUSED, WHETHER
ARISING OUT OF BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE),
STRICT LIABILITY, OR OTHERWISE.
Copyright (c) 1998 by QUALCOMM Incorporated. All rights reserved.
Eudora¿ is a registered trademark of QUALCOMM Incorporated.
PureVoice¬, SmartRate¬, Eudora Pro¬, and Eudora Light¬ are trademarks of
QUALCOMM Incorporated.
QUALCOMM is a registered trademark and registered service mark of QUALCOMM
Incorporated.
Macintosh is a registered trademark of Apple Computer, Inc.
Microsoft, MS, and Windows are registered trademarks and Windows NT is a
trademark of Microsoft Corporation in the U.S. and/or other countries.
All other trademarks and service marks are the property of their respective
