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- Guardian Digital License Agreement and Limited Product Warranty
- March, 2003 r1.5
- legal@guardiandigital.com
-
- Please read this document carefully before installing Guardian Digital
- EnGarde Secure Linux or any of its components. By installing any of
- the software included with this product, you agree to the terms and
- conditions included below.
-
- Guardian Digital EnGarde Secure Linux is made up of hundreds of software
- packages, each of which may contain a differing copyright. The programs
- contained in this distribution permit you to modify, copy and redistribute
- these programs in both source and binary forms.
-
- 1. License
-
- The computer programs created by Guardian Digital, Inc. and distributed to
- You under this End User License Agreement ("Licensed Software") is open
- source software subject to the GNU General Public License ("GPL"), contained
- on the CDROM or disc image, or available online at
- www.gnu.org/copyleft/gpl.html. Except for the Third Party Software, Guardian
- Digital, Inc. hereby grants to You, and You hereby accept, a nonexclusive
- license to use the Licensed Software in accordance with these terms and the
- terms of the GPL.
-
- 2. Warranty
-
- THIS SOFTWARE IS PROVIDED BY GUARDIAN DIGITAL, INC. "AS IS" AND ANY
- EXPRESS OF IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED
- WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
- DISCLAIMED. IN NO EVENT SHALL GUARDIAN DIGITAL, INC. OR CONTRIBUTORS BE
- LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
- CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF
- SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR
- BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
- WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR
- OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF
- ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
-
- Guardian Digital warrants that the media on which purchased copies of Guardian
- Digital software are furnished will be free from defects in manufacturing
- under normal use for a period of 30 days from the date of purchase. The right
- to use this software and any included technical support does not allow for
- transfer of technical support services to another party once it has been
- registered for product support. Any attempt to transfer technical support
- will render the contract for support services null and void.
-
- 3. Trademarks / Copyrights
-
- THE 'GUARDIAN DIGITAL' TRADEMARK, GUARDIAN DIGITAL LOGOS, AND
- ENGARDE SECURE LINUX, ARE REGISTERED TRADEMARKS OF GUARDIAN DIGITAL IN
- THE UNITED STATES AND OTHER COUNTRIES.
-
- THE SOFTWARE PROGRAMS, INCLUDING SOURCE CODE, DOCUMENTATION, APPEARANCE,
- AND ORGANIZATION ARE PRODUCTS OF GUARDIAN DIGITAL, INC. AND OTHERS AND
- ARE PROTECTED BY COPYRIGHTS.
-
- 4. Export
-
- Federal and other export control laws may restrict the distribution of the
- Licensed Software. You are responsible for complying with all export
- laws, rules and regulations in the applicable jurisdictions, if You are
- permitted to redistribute the Licensed Software.
-
- 5. Third Party Software
-
- The Licensed Software contains computer programs that were created by
- other individuals and entities, as listed in the documentation for the
- Licensed Software ("Third Party Software"). Some of the Third Party
- Software may be open source software subject to an open source license other
- than the GPL. In addition, some of the Third Party Software may be
- subject to a license agreement that limits its use, distribution and
- modification. You shall comply with the terms of the applicable license
- for the Third Party Software. Most Third Party Software is distributed
- with a copy of the applicable license. However, if You are unable to
- determine the applicable license for any Third Party Software, You shall
- not copy, redistribute, translate, decompile, reverse engineer, or
- otherwise modify the Third Party Software, or rent, lease, or otherwise
- transfer rights to the Third Party Software, without the written
- consent of the owner of the Third Party Software.
-
- 6. Miscellaneous.
-
- Guardian Digital, Inc. and You are independent contractors. Neither
- party is an agent of the other or is authorized to make any warranties
- or representations or assume or create any other obligations on behalf
- of the other. No amendment or modification of this agreement, nor any
- waiver of any rights, will be effective unless assented to in writing
- by the party to be charged, and the waiver of any breach or default
- will not constitute a waiver of any other right hereunder or any subsequent
- breach or default. If any provision of this agreement is held unenforceable
- by a court of competent jurisdiction, that provision shall be enforced
- to the maximum extent permissible so as to effect the intent of the
- parties, and the remainder of this agreement shall continue in full force
- and effect. English language text and American usage thereof shall control
- the interpretation of this agreement. This agreement is governed by the
- laws of the State of New Jersey, without reference to its conflict of
- law principles and without regard to the U.N. Convention on Contracts
- for the International Sale of Goods. The parties hereby consent to the
- jurisdiction of the courts located in Bergen County, New Jersey, U.S.A.,
- in any action arising out of or relating to this agreement, and agree that
- any action arising out of or relating to this agreement shall be
- maintained in the same jurisdiction. The terms contained in this document
- shall survive the expiration or termination of this agreement. This
- agreement, including the GPL, constitutes the complete agreement of Guardian
- Digital, Inc. and You relating to the subject matter hereof and supersedes
- all prior or contemporaneous agreements with respect to the subject matter
- hereof. If any term of this agreement conflicts with any of the terms of
- the GPL, the terms of the GPL shall control.
-
- IF YOU DO NOT AGREE WITH THE TERMS IN THIS DOCUMENT, DO NOT INSTALL THE
- S0FTWARE PROGRAMS.
-