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- IMPORTANT: PLEASE READ THIS SOFTWARE LICENSE AGREEMENT
- CAREFULLY BEFORE OPENING THE DISKETTE PACKAGE(S) AND/OR
- USING THE SOFTWARE. BY USING THE SOFTWARE, YOU ARE
- AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS STATED
- BELOW. IF YOU DO NOT AGREE WITH THE TERMS OF THIS LICENSE,
- PROMPTLY RETURN THE UNUSED SOFTWARE TO THE POINT OF PURCHASE
- AND YOUR MONEY WILL BE REFUNDED.
-
- 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. 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 diskette(s)
- 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 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 Diskettes. QUALCOMM warrants the diskettes on
- which the Software is recorded to 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 the diskettes 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 damaged by accident, abuse or misapplication. ANY IMPLIED
- WARRANTIES ON THE DISKETTES 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 any third
- party services included in this package 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 (TM) is a registered trademark of QUALCOMM Incorporated.
-
- Eudora Pro (TM) and Eudora Light (TM) are trademarks of QUALCOMM Incorporated.
-
- QUALCOMM is a registered trademark and registered service mark of
- QUALCOMM Incorporated.
-
- 80-8116-2
-