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DATA32.1
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LICENSE
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Text File
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1996-12-09
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10KB
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230 lines
SPRINT SOFTWARE END USER LICENSE AGREEMENT
BY CLICKING ON THE "ACCEPT" 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 "DO NOT ACCEPT" BUTTON AND
THE INSTALLATION PROCESS WILL NOT CONTINUE OR RETURN THE
PRODUCT TO THE PLACE OF PURCHASE FOR A FULL REFUND.
I. GRANT.
Subject to payment of applicable license fees, or other considerations,
Sprint grants to you for the term that you subscribe to
Sprint Internet Passport service, a non-exclusive license to
use the Software and accompanying documentation
("Documentation") in the manner described in this Agreement.
Redistribution or sublicensing of this product is not permitted.
This license does not grant you any right to any enhancement
or upgrade.
II. SCOPE OF GRANT.
You have a duty to use reasonable efforts to prevent unauthorized
use, copying, or disclosure of the Software by persons under your
legitimate control.
You may:
(a) use the Software on any single computer;
(b) use the Software on a network, provided that each
person accessing the Software through the network
must have a copy licensed to that person;
(c) use the Software on a second computer so long as only
one copy is used at a time;
(d) copy the Software for archival purposes, provided any copy
must contain all of the original Software's proprietary notices.
You may not:
(a) permit other individuals to use the Software;
(b) permit concurrent use of the Software;
(c) modify, translate, reverse engineer, decompile,
disassemble (except to the extent applicable laws
specifically prohibit such restriction), or create
derivative works based on the Software;
(d) copy the Software other than as specified above;
(e) rent, lease, grant a security interest in, or
otherwise transfer rights to the Software; or
(f) remove any proprietary notices or labels on the
Software.
III. LIMITED WARRANTY.
Sprint warrants that for a period of ninety (90) days
from the date of acquisition, the Software, if operated
as directed by Sprint, will substantially achieve the
functionality described in the Documentation. Sprint
does not warrant, however, that your use of the Software
will be uninterrupted or that the operation of the
Software will be error-free or secure and hereby disclaims
any and all liability on account thereof. In addition, the
security mechanisms implemented by Sprint Software
have inherent limitations, and you must determine if
the Software sufficiently meets your requirements.
Sprint also warrants that the media containing the
Software, if provided by Sprint, is free from defects
in material and workmanship and will so remain for
ninety (90) days from the date you acquired the
Software. Sprint's sole liability for any breach of
this warranty shall be, in Sprint's sole discretion:
(i) to replace your defective media; or (ii) to advise
you how to achieve substantially the same functionality
with the Software as described in the Documentation
through a procedure different from that set forth in the
Documentation; or (iii) if the above remedies are
impracticable, to refund the license fee you paid for
the Software. Repaired, corrected, or replaced Software
and Documentation shall be covered by this limited
warranty for the period remaining under the warranty
that covered the original Software, or if longer, for
thirty (30) days after the date either: (a) of shipment to you
of the repaired or replaced Software, or (b) Sprint
advised you how to operate the Software so as to achieve
the functionality described in the Documentation. Only
if you inform Sprint of your problem with the Software
during the applicable warranty period and provide
evidence of the date you purchased a license to the
Software will Sprint be obligated to honor this
warranty.
The Software is not fault-tolerant and is not designed,
manufactured, or intended for use or resale as on-line
control equipment in hazardous environments requiring
fail-safe performance, such as in the operation of
nuclear facilities, aircraft navigation or communications
systems, air traffic control, direct life support
machines, or weapons systems, in which the failure of
the Software could lead directly to death, personal
injury, or severe physical or environmental damage
("High Risk Activities"). Sprint and its suppliers
specifically disclaim any express or implied warranty of
fitness for High Risk Activities.
THIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY
MADE BY SPRINT. SPRINT MAKES NO OTHER EXPRESS OR IMPLIED
WARRANTIES AND NO WARRANTY OF NONINFRINGEMENT OF THIRD
PARTIES' RIGHTS. FURTHER, SPRINT HEREBY DISCLAIMS ANY AND ALL
IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF
MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE.
NO SPRINT DEALER, AGENT, OR EMPLOYEE IS AUTHORIZED
TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS
TO THIS WARRANTY. If any modifications are
made to the Software by you during the warranty period;
if the media is subjected to accident, abuse, or
improper use; or if you violate the terms of this
Agreement, then this warranty shall immediately be
terminated. This warranty shall not apply if the
Software is used on or in conjunction with hardware or
software other than the unmodified version of hardware
and software with which the software was designed to be
used as described in the Documentation. THIS WARRANTY
GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER
LEGAL RIGHTS THAT VARY BY JURISDICTION.
IV. TITLE.
Title, ownership rights, and intellectual property
rights in the Software shall remain in Sprint and/or
its suppliers. The Software is protected by the
copyright laws and treaties. Title and related rights
in the content accessed through the Software is the
property of the applicable content owner and may be
protected by applicable law. This License gives you no
rights to such content.
V. TERMINATION.
The license will terminate automatically if you fail to
comply with the limitations described herein, or if you
discontinue your subscription to Sprint Internet Passport service.
On termination, you must destroy all copies of the Software
and Documentation.
VI. EXPORT CONTROLS.
None of the Software or underlying information or
technology may be downloaded or otherwise exported or
re-exported (i) into (or 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.
In addition, if the licensed Software is identified as a
not-for-export product (for example, on the box, media
or in the installation process), then the following
applies: EXCEPT FOR EXPORT TO CANADA FOR USE IN CANADA
BY CANADIAN CITIZENS, THE SOFTWARE AND ANY UNDERLYING
TECHNOLOGY MAY NOT BE EXPORTED OUTSIDE THE UNITED STATES
OR TO ANY FOREIGN ENTITY OR "FOREIGN PERSON" AS
DEFINED BY U.S. GOVERNMENT REGULATIONS, INCLUDING
WITHOUT LIMITATION, ANYONE WHO IS NOT A CITIZEN,
NATIONAL OR LAWFUL PERMANENT RESIDENT OF THE UNITED
STATES. BY DOWNLOADING OR USING THE SOFTWARE, YOU ARE
AGREEING TO THE FOREGOING AND YOU ARE WARRANTING THAT
YOU ARE NOT A "FOREIGN PERSON" OR UNDER THE CONTROL OF
A FOREIGN PERSON.
VII. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL SPRINT
OR ITS SUPPLIERS, AGENTS, OR RESELLERS BE LIABLE
TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR
LOSSES. IN NO EVENT WILL SPRINT BE LIABLE FOR ANY
DAMAGES IN EXCESS OF THE AMOUNT SPRINT RECEIVED FROM
YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF SPRINT
SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH
DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS
LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR
DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW
PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
VIII. MISCELLANEOUS.
This Agreement represents the complete agreement
concerning this license and may be amended
only by a writing executed by both parties. THE
ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS
EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS
SET FORTH HEREIN, AND NOT THOSE IN YOUR PURCHASE ORDER.
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 the
United Nations Convention of Contracts for the
International Sale of Goods is expressly excluded.
IX. THIRD PARTY BENEFICIARIES.
Sprint's suppliers are third party beneficiaries under
this Agreement. There are no other third party beneficiaries.
X. U.S. GOVERNMENT RESTRICTED RIGHTS.
Use, duplication or disclosure by the Government
is subject to restrictions set forth in subparagraphs
(a) through (d) of the Commercial Computer-Restricted
Rights clause at FAR 52.227-19 when applicable, or in
subparagraph (c)(1)(ii) of the Rights in Technical Data
and Computer Software clause at DFARS 252.227-7013, or
at 252.211-7015, or to Sprint's standard commercial
license, as applicable, and in similar clauses in the
NASA FAR Supplement.
#12649(9-96)(rev.2)