IMPORTANT: THIS SOFTWARE IS A THIRTY DAY DEMONSTRATION COPY PROVIDED BY QUALCOMM FOR DEMONSTRATION AND EVALUATION PURPOSES ONLY. PLEASE READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS STATED BELOW. THIS SOFTWARE IS NOT FOR RESALE.
1. License. QUALCOMM Incorporated ("QUALCOMM") grants to the Licensee to whom this Eudora« Pro package is provided a nonexclusive, nontransferable license to use the Eudora software and other included software and fonts (collectively the "Software") and its documentation for demonstration and evaluation purposes in accordance with this License. QUALCOMM or QUALCOMM's Licensors retain title to the Software and related documentation. This License allows one (1) User (as defined below) to use the Software for a period of up to thirty (30) days after initial download for demonstration and evaluation purposes only. A "User" is the Licensee, if Licensee is an individual, or a current employee of Licensee, if Licensee is a corporation or similar business or commercial entity. Subject to the limitations of this Agreement, the 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 CPU, workstation or portable owned by the User.
2. Restrictions. This License is proof of the right to exercise the rights granted herein and must be retained by Licensee. Licensee may not rent, lease or otherwise transfer the Software or its documentation. Licensee may make a reasonable number of back-up copies. The Software contains copyrighted material, trade secrets and other proprietary material. Licensee must reproduce on all 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.
3. Technical Support. QUALCOMM will make available to Licensee technical support via telephone or electronic mail to assist with the installation and evaluation of the Software, during the thirty (30) day evaluation period. To access such technical support, Licensee should call 1-800-3-EUDORA (or 1-800-338-3672) or send e-mail to eudora-eval@qualcomm.com. At the time of Licensee's initial call or e-mail message, the name and address of Licensee, the name of the designated contact for technical support, the source from which Licensee received the Software and other information necessary for QUALCOMM to identify the Licensee for future support purposes must be provided.
4. Termination. This License is effective only for the thirty (30) day evaluation period. Licensee may terminate this License at any time by notifying QUALCOMM or the reseller which provided the Software to the Licensee, and destroying all copies of the Software in the possession of the Licensee. This License will terminate immediately without notice from QUALCOMM if Licensee fails to comply with any provision of this License. Upon such termination, Licensee must destroy all copies of the Software in the possession of the Licensee.
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, Serbia, Montenegro or Syria.
6. Disclaimer of Warranty. THE SOFTWARE IS A DEMONSTRATION VERSION FOR DEMONSTRATION AND EVALUATION PURPOSES ONLY, AND MAY NOT BE SOLD. Licensee expressly acknowledges and agrees that the use of the Software and its documentation is limited to such purposes, and that such use is at Licensee's sole risk. The Software, documentation and technical support are provided "AS IS" and without warranty of any kind. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, QUALCOMM AND QUALCOMM'S LICENSOR(S) (FOR THE PURPOSES OF THIS DISCLAIMER AND THE LIMITATION OF LIABILITY SET FORTH BELOW, 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.
7. Limitation of Liability. THE LICENSE GRANTED HEREIN IS LIMITED AND IS NOT A COMMERCIAL USE LICENSE. UNDER NO CIRCUMSTANCES SHALL QUALCOMM OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE) ARISING OUT OF ANY USE OR INABILITY TO USE THE SOFTWARE OR ITS DOCUMENTATION.
8. 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.
9. 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.
10. 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. 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« is a registered trademark of the University of Illinois Board of Trustees licensed to QUALCOMM Incorporated.
