Computer Inter@ctive 17/Computer Interactive cdrom 17 - gen 99.iso/ZDNETIT/CONTENT/EUDPRENH.ZIP/ep41demo.exe/data1.cab/Program_Executable_Files/License.txt

Text File | 1998-10-01 | 14.8 KB | 252 lines

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 (R) is a registered trademark of QUALCOMM Incorporated.

Eudora Pro (TM) and Eudora Light (TM) are trademarks of QUALCOMM Incorporated.


License Terms for PureVoice(TM) Player-Recorder Version 1.3.2 - Windows Platform
License Terms for PureVoice(TM) Plug-In for Eudora Version 4.1 - Windows
Platform

QUALCOMM grants to the user a nonexclusive license to use this PureVoice
software solely for user's own personal or internal business purposes.  The user
may not commercially distribute, sublicense, resell, or otherwise transfer for
any consideration, or reproduce for any such purposes, the PureVoice software or
any modification or derivation thereof, either alone or in conjunction with any
other product or program.  Further, the user may not modify the PureVoice
software.

THE PUREVOICE SOFTWARE IS PROVIDED TO THE USER ''AS IS.''
QUALCOMM MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED,
WITH RESPECT TO THE PUREVOICE SOFTWARE AND/OR ASSOCIATED
MATERIALS PROVIDED TO THE USER, INCLUDING BUT NOT LIMITED
TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. 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 OR ANY DOCUMENTATION PROVIDED THEREWITH IN TERMS
OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY QUALCOMM
OR A QUALCOMM AUTHORIZED REPRESENTATIVE SHALL CREATE A
WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.

LIMITATION OF LIABILITY - QUALCOMM IS NOT LIABLE FOR ANY
CLAIMS OR DAMAGES WHATSOEVER, INCLUDING PROPERTY DAMAGE,
PERSONAL INJURY, INTELLECTUAL PROPERTY INFRINGEMENT, LOSS
OF PROFITS, OR INTERRUPTION OF BUSINESS, OR FOR ANY SPECIAL,
CONSEQUENTIAL OR INCIDENTAL DAMAGES, HOWEVER CAUSED, WHETHER
ARISING OUT OF BREACH OF WARRANTY, CONTRACT, TORT
(INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.

Copyright ⌐ 1998 by QUALCOMM Incorporated.  All rights reserved.

PureVoice(TM) is a registered trademark of QUALCOMM Incorporated.
QUALCOMM and Eudora are registered trademarks and QUALCOMM is a registered
service mark of QUALCOMM Incorporated.
Windows is a trademark of Microsoft Corporation registered in the U.S. and
other countries.
All other trademarks and service marks are the property of their respective
owners.

7/98-1