c't freeware shareware 2001 January/CT_SW0101.ISO/pc/software/kommunik/email/eudora51.sit/Eudora_5.1_Installer/Software License

Text File | 2001-04-11 | 9KB | 177 lines

EUDORA(R) VERSION 5.1 SOFTWARE LICENSE AGREEMENT


QUALCOMM INCORPORATED(R) ("QUALCOMM") IS WILLING TO LICENSE
ITS EUDORA VERSION 5.1 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
"AGREE" 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 solely for testing and evaluation
purposes 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 and immediate family members
residing in the same household only.  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 paid mode or sponsored mode.  Information
regarding availability, nature and conditions of limited technical
support may be found at www.eudora.com.

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 through 6, 8 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) 2001 BY QUALCOMM INCORPORATED.  ALL RIGHTS
RESERVED.

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.

4/12/01