The Net Power 1997 August/NETDisc0897.iso/pc/nettools/mbed/int10t.exe/_SETUP.LIB/licenset.txt

Text File | 1997-02-19 | 5.9 KB | 129 lines

mBED END USER LICENSE AGREEMENT
REDISTRIBUTION NOT PERMITTED
(Electronic Version)

BY CLICKING ON THE "YES" BUTTON, YOU ARE CONSENTING TO
BE BOUND BY THIS AGREEMENT.  IF YOU DO NOT AGREE TO ALL OF
THE TERMS OF THIS AGREEMENT, CLICK THE "NO"
BUTTON AND THE INSTALLATION PROCESS WILL NOT CONTINUE.


1.    GRANT OF LICENSE.  mBED Software, Inc., San Francisco,
California ("mBED") grants you a non-exclusive license to
use this thirty (30) day trial version of mBED software
(the "Software") free of charge for evaluation and trial
purposes only.  THIS SOFTWARE CONTAINS CODE THAT DISABLES
MOST OF ITS FEATURES UPON EXPIRATION OF THE THIRTY (30) DAY
TRIAL PERIOD.  You are authorized to make copies of the
Software for archival purposes and to make copies for the
use of other persons or entities ("Persons"), provided that
each copy made must contain all of the original Software's
proprietary notices including a complete reiteration of
this End User License Agreement which the Person to whom a
copy is transferred must read and agree to accept, and
provided that the use of any such copy is limited to
evaluation and trial of the Software.  This license does
not entitle you to hard-copy documentation, support or
telephone assistance. All rights not expressly granted are
reserved to mBED.

2.    RESTRICTIONS.  YOU MAY NOT:

A.    Decompile or disassemble the Software or in any manner
reverse engineer the Software or back develop algorithms
for the Software for any purpose whatsoever.

B.    Remove any proprietary notices from the Software.

C.    Prepare modifications or adaptations of the Software or
create derivative works based on the Software.

D.    Lease, sell, license, distribute or otherwise transfer
interests in the Software.

E.    Bundle or otherwise combine the Software with any other
software or product for any purpose.

F.    Copy or permit copying of the Software, except for the
purposes permitted herein.

3.    DISCLAIMER OF WARRANTY.  THE SOFTWARE IS PROVIDED ON AN
"AS IS" BASIS.  mBED EXPRESSLY DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, REGARDING THE SOFTWARE, INCLUDING
WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE
ENTIRE RISK AS TO THE QUALITY, FUNCTION AND PERFORMANCE OF
THE SOFTWARE IS BORNE BY YOU.  SHOULD THE SOFTWARE PROVE
DEFECTIVE, YOU AND NOT mBED OR ITS SUPPLIERS ASSUME THE
ENTIRE COST OF THE SERVICE AND REPAIR.  SOME JURISDICTIONS
DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS
DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER
LEGAL RIGHTS THAT VARY BY JURISDICTION.

4.    TITLE.  Title, ownership rights, and intellectual
property rights in the Software shall remain exclusively in
mBED.  The Software is protected by copyright and other
intellectual property laws and by international treaties.

5.    TERMINATION.  The license will terminate automatically
upon the earlier to occur of:  (i) your failure to comply
with the restrictions set forth above, or (ii) upon the
expiration of the thirty (30) day free trial and evaluation
period.  Upon termination of this license, you agree to
destroy all copies of the Software.

6.    MISCELLANEOUS.  This Agreement represents the complete
agreement between the parties pertaining to the subject
matter hereof, and supersedes any and all written or oral
agreements previously existing between the parties with
respect to such subject matter.  If any provision of this
Agreement is held to be unenforceable, such provision shall
be reformed only to the extent necessary to make it
enforceable.  This Agreement shall be governed by
California law (except for conflict of law provisions).
The application of the United Nations Convention of
Contracts for the International Sale of Goods is expressly
excluded.  If you have any questions regarding the nature
and extent of the license granted hereby, please write to
mBED Software, Inc., 185 Berry Street, Suite 3807, San
Francisco, California 94107.

7.  LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND
UNDER NO LEGAL THEORY, TORT, CONTRACT OR OTHERWISE, SHALL
mBED OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY
OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES OR LOSS OF ANY CHARACTER INCLUDING
WITHOUT LIMITATION, DAMAGES FOR COMPUTER FAILURE OR
MALFUNCTION, OR ANY OTHER LOSSES THAT RESULT FROM THE USE
OF THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF mBED or
any mBED AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE
POSSIBILITY THAT mBED'S TOTAL LIABILITY FOR ALL DAMAGES,
LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT,
INCLUDING NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID
BY YOU FOR THE SOFTWARE.  SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THAT THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

8.  U.S. GOVERNMENT END USERS.  The Software is a
"commercial item", as that the term is defined in 48 C.F.R.
2.101 (Oct. 1995), consisting of "commercial computer
software" and "commercial computer software documentation",
as such terms are used in 48 C.F.R. 12.212 (Sept. 1995).
Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1,
users acquire the Software with only those rights set forth
herein.

9.    EXPORT CONTROLS.  None of the Software or underlying
information or technology may be downloaded or otherwise
exported or reexported (i) into (or to a national or
resident of) Cuba, Iraq, Libya, Yugoslavia, North Korea,
Iran, Syria or any other country to which the U.S. has
embargoed goods; or (ii) to anyone on the U.S. Treasury
Department's list of Specially Designated Nationals or the
U.S. Commerce Department's Table of Denial Orders.  By
downloading or using the Software, you are agreeing to the
foregoing and you are representing and warranting that you
are not located in, under the control of, or a national or
resident of any such country or on any such list.