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authorMario Fetka <mario.fetka@gmail.com>2010-02-01 21:42:18 +0000
committerMario Fetka <mario.fetka@gmail.com>2010-02-01 21:42:18 +0000
commit2272ace2b2316b70d3b0c113f656a2c9fdd15112 (patch)
treeb2bd45a99bd65cfd4b31c362b8fe77d6cdd09c36 /licenses/lightscribe
parentapp-misc/perroquet: New ebuild for bug 299938 thanks to Tommy (diff)
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+LIGHTSCRIBEae SOFTWARE LICENSE AGREEMENT
+
+
+
+USE OF THE HP SOFTWARE IDENTIFIED ABOVE (THE ``SOFTWARE'') INCLUDING,
+WITHOUT LIMITATION, ANY DOCUMENTATION, AND ANY OTHER SOFTWARE PRODUCTS
+BUNDLED WITH OR EMBEDDED IN THE SOFTWARE (COLLECTIVELY, THE ``ANCILLARY
+SOFTWARE''), IS SUBJECT TO THE LICENSE TERMS SET FORTH BELOW AND THE
+APPLICABLE ``AS-IS WARRANTY STATEMENT'' PROVIDED AS A SEPARATE DOCUMENT.
+YOU SHOULD READ ALL THE TERMS OF THIS AGREEMENT CAREFULLY. YOU WILL BE
+ASKED TO REVIEW AND EITHER ACCEPT OR NOT ACCEPT ALL OF THE TERMS OF THIS
+AGREEMENT.
+
+
+
+HP HAS IDENTIFIED ANCILLARY SOFTWARE BY EITHER NOTING THE RELEVANT
+PARTY'S OWNERSHIP WITHIN EACH ANCILLARY SOFTWARE PROGRAM FILE AND/OR BY
+PROVIDING INFORMATION IN THE ``RELEASE_NOTES.TXT'' FILE THAT IS PROVIDED
+AS PART OF THE DOWNLOAD OF THE SOFTWARE. YOUR USE OF ANY ANCILLARY
+SOFTWARE shall be governed by That party's license agreement
+(``ancillary software license'') and not by this Agreement EXCEPT THAT
+THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES PROVISIONS
+CONTAINED IN THE ``AS-IS WARRANTY STATEMENT'' FOR THE SOFTWARE SHALL
+CONTINUE TO APPLY TO SUCH ANCILLARY SOFTWARE. THE LICENSES FOR THE
+ANCILLARY SOFTWARE ARE INCLUDED IN such ancillary software AND/OR SET
+FORTH IN THE ``ANCILLARY.TXT'' FILE THAT IS PROVIDED AS PART OF THE
+DOWNLOAD OF THE SOFTWARE. IF YOU CHOOSE TO ACCEPT THIS AGREEMENT WITHOUT
+REVIEWING SUCH ANCILLARY SOFTWARE LICENSES OR OTHER TERMS, YOU WILL BE
+DEEMED TO HAVE ACCEPTED SUCH ANCILLARY SOFTWARE LICENSES OR OTHER TERMS.
+
+
+
+
+IF YOU (``CUSTOMER'') AGREE TO BE BOUND BY AND COMPLY WITH ALL THE TERMS
+OF THIS AGREEMENT (INCLUDING THE ``AS-IS WARRANTY STATEMENT'' AS WELL AS
+ANY TERMS OR CONDITIONS CONTAINED IN ANY OTHER LICENSE AGREEMENT THAT IS
+IDENTIFIED IN THE SOFTWARE OR REFERENCED IN THE ``ANCILLARY.TXT'' FILE),
+YOU MUST CLICK THE BUTTON OR, IF A BOX IS PROVIDED IN LIEU OF A BUTTON
+PLACE A CHECK IN THE APPLICABLE BOX, INDICATING THAT YOU AGREE TO THE
+TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND
+BY ALL THE TERMS OF THIS AGREEMENT- (INCLUDING THE ``AS-IS WARRANTY
+STATEMENT'' AS WELL AS ANY TERMS OR CONDITIONS CONTAINED IN ANY OTHER
+LICENSE AGREEMENT THAT IS IDENTIFIED OR REFERENCED IN THE IN THE
+SOFTWARE ``ANCILLARY.TXT'' FILE), HP IS UNWILLING TO GRANT YOU ANY
+RIGHTS TO USE THE SOFTWARE, AND YOU MUST STOP INSTALLING THE SOFTWARE
+AND INDICATE YOUR REJECTION OF THIS AGREEMENT BY NOT CLICKING THE
+BUTTON, OR IF A BOX IS PROVIDED IN LIEU OF A BUTTON BY NOT PLACING A
+CHECK IN THE APPLICABLE BOX. NOTWITHSTANDING THE FOREGOING, INSTALLING
+OR OTHERWISE USING THE SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE
+LICENSE TERMS. IF YOU ARE AGREEING TO THE TERMS OF THIS AGREEMENT
+(INCLUDING THOSE TERMS AND CONDITIONS REFERRED TO IN THE SOFTWARE OR IN
+THE ``ANCILLARY.TXT'' FILE) ON BEHALF OF YOUR EMPLOYER OR PRINCIPAL, THE
+LICENSE GRANTED AND THE APPLICABLE RESTRICTIONS AND LIMITATIONS APPLY TO
+YOUR EMPLOYER OR PRINCIPAL AS WELL AS TO YOU AS AN AGENT OF YOUR
+EMPLOYER OR PRINCIPAL. SHOULD YOU CEASE WORKING FOR YOUR EMPLOYER OR
+PRINCIPAL, YOUR EMPLOYER OR PRINCIPAL MAY CONTINUE TO OPERATE UNDER THIS
+AGREEMENT.
+
+
+
+LICENSE TERMS
+
+
+
+Subject to any rights, limitations and obligations set forth in the
+license terms for the Ancillary software whether or not included in the
+Files.txt or ANCILLARY.TXT files:
+
+
+
+LICENSE GRANT
+
+HP grants Customer a worldwide, non-exclusive license to use the
+software on any one computer. Customer may not network the software or
+otherwise use it on more than one computer. Customer may make copies or
+adaptations of the software (a) for archival purposes or (b) when
+copying or adaptation is an essential step in the use of the software
+with a computer so long as the copies and adaptations are used in no
+other manner
+
+1. GENERAL TERMS FOR THE SOFTWARE
+
+a) Software is owned and copyrighted by HP or by third party suppliers.
+Customer's license to Use the Software confers no title or ownership and
+is not a sale of any rights in the Software. Third party suppliers are
+intended beneficiaries under this Agreement and may protect their rights
+in the Software directly against the Customer.
+
+b) Customer has no right to rent, lease, time share, or otherwise
+transfer the rights to the Software without the written consent of the
+owner of the Software. Customer may not copy the Software onto any
+public or distributed network.
+
+c) Customer must reproduce all copyright notices and other proprietary
+legends in or on the original Software on all permitted copies or
+adaptations. You may not remove from the Software, or alter, any of the
+trademarks, trade names, logos, patent or copyright notices or markings,
+or add any other notices or markings to the Software.
+
+d) HP shall have no obligation to provide support for the Software. This
+license does not entitle you to receive upgrades, updates or technical
+support. HP reserves the right to require additional licenses and fees
+for Use of the Software on a different computer or device, or on the
+class or series of equipment.
+
+e) Customer will not modify, disassemble, decompile, decrypt, or
+otherwise attempt to access or determine the source code of the Software
+(including any products not specifically enumerated in the files.txt or
+ancillary.txt files) without HP's prior written consent. Where Customer
+has other rights under statute, Customer will provide HP with reasonably
+detailed information regarding any intended disassembly or
+decompilation. Customer will not decrypt the Software unless necessary
+for legitimate use of the Software.
+
+f) HP may terminate Customer's license to Use the Software upon notice
+for failure to comply with any applicable Software license terms or at
+any time for any reason whatsoever. Immediately upon termination, all
+copies of the Software will be destroyed or returned to HP. Customer
+shall remove, destroy or return to HP all copies of the Software that
+are merged into adaptations, except for individual pieces of data in
+Customer's database. With HP's prior written consent, one copy of the
+Software may be retained subsequent to termination for archival
+purposes.
+
+g) The Software may be only compatible with certain hardware platforms
+and/or operating systems. Customer acknowledges and agrees that Customer
+has the sole responsibility to independently obtain and independently
+license and/or acquire the system requirements.
+
+h) HP, or its designee(s), shall, during regular business hours at
+Customer's offices and in such a manner that does not interfere with
+Customer's normal business activities, have the right to inspect and
+audit, or have an inspection and audit, of the number of copies of
+Software Used by Customer, the computers on which the Software, if any,
+is installed and the number of users Using any such Software. HP's
+audit rights shall not terminate or expire until three (3) years after
+termination or expiration of this Agreement.
+
+i) In the following provision regarding Software licenses to the U.S.
+Government, the term "Customer" means HP's direct licensee and the
+end-user.
+
+1) If Software is licensed for use in the performance of a U.S
+government prime contract or subcontract, Customer agrees that Software
+has been developed entirely at private expense. Customer agrees that
+Software, and any derivatives or modifications, is adequately marked
+when the Restricted Rights Legend below is affixed to the Software or to
+its storage media and is perceptible directly or with the aid of a
+machine or device. Customer agrees to conspicuously put the following
+legend on the Software media with Customer's name and address added
+below the notice:
+
+RESTRICTED RIGHTS LEGEND
+
+
+
+Use, duplication or disclosure is subject to HP standard commercial
+license terms and for non-DOD Departments and Agencies of the U.S.
+Government, the restrictions as set forth in FAR 52.227-19(c)(1-2)(Jun
+1987).
+
+
+
+Hewlett-Packard Company
+
+3000 Hanover Street
+
+Palo Alto, CA 94304 U.S.A.
+
+
+
+Copyright (c) 2005 Hewlett-Packard Development Company.
+
+2) Customer further agrees that Software is delivered and licensed as
+"Commercial computer software" as defined in DFARS 252.227-7014(Jun
+1995) or as a "commercial item" as defined in FAR 2.101(a), or as
+"Restricted computer software" as defined in FAR 52.227-19 (Jun 1987)
+(or any equivalent agency regulation or contract clause), whichever is
+applicable. The Customer agrees that it has only those rights provided
+for such Software by the applicable FAR or DFARS clause or the HP
+standard software agreement for the product involved.
+
+2. GENERAL
+
+a) Customer may not assign or transfer this Agreement or any rights or
+obligations hereunder without prior written consent of HP. Any such
+attempted assignment or transfer will be null and void. HP may
+terminate this Agreement in the event of any such attempted assignment
+or transfer.
+
+b) Customer may not export or re-export this software or any copy or
+adaptation in violation of any applicable laws or regulations. Without
+limiting the generality of the foregoing, hardware, software, technology
+or services provided under this license agreement may not be exported,
+reexported, transferred or downloaded to or within (or to a national
+resident of) countries under U.S. economic embargo including the
+following countries: Afghanistan (Taliban-controlled areas), Cuba, Iran,
+Iraq, Libya, North Korea, Sudan and Syria. This list is subject to
+change.
+
+Hardware, software, technology or services may not be exported,
+reexported, transferred or downloaded to persons or entities listed on
+the U.S. Department of Commerce Denied Persons List, Entity List of
+proliferation concern or on any U.S. Treasury Department Designated
+Nationals exclusion list, or to parties directly or indirectly involved
+in the development or production of nuclear, chemical, biological
+weapons or in missile technology programs as specified in the U.S.
+Export Administration Regulations (15 CFR 744).
+
+By accepting this license agreement you confirm that you are not located
+in (or a national resident of) any country under U.S. economic embargo,
+not identified on any U.S. Department of Commerce Denied Persons List,
+Entity List or Treasury Department Designated Nationals exclusion list,
+and not directly or indirectly involved in the development or production
+of nuclear, chemical, biological weapons or in missile technology
+programs as specified in the U.S. Export Administration Regulations.
+
+c) This Agreement shall be construed in accordance with the laws of the
+State of California, without regard to conflict of laws principles. The
+United Nations Convention on Contracts for the International Sale of
+Goods is specifically disclaimed.
+
+d) If any term or provision herein is determined to be illegal or
+unenforceable, the validity or enforceability of the remainder of the
+terms or provisions herein will remain in full force and effect. Failure
+or delay in enforcing any right or provision of this Agreement shall not
+be deemed a waiver of such right or provision with respect to any
+subsequent breach. Provisions herein, which by their nature extend
+beyond the termination of any license of Software, will remain in effect
+until fulfilled.
+
+e) Customer acknowledges that obtaining and maintaining accurate
+Customer information, including but not limited to name and requested
+contact information, ("Account Information") is critical to the
+successful management of each Software license, which may include, but
+may not be limited to, managing updates and providing support (as
+applicable and under separate agreement) and investigating property
+right infringements. Customer agrees and warrants that Customer has
+provided and will maintain true, full and correct Account Information at
+all times during the term of this license and promptly provide such
+information to HP, upon HP's request. Customer agrees that Customer will
+not provide false, misleading, or inadequate Account Information.
+
+f) This Agreement, including all Ancillary Software terms and conditions
+downloaded in or with the Software, is the final, complete and exclusive
+agreement between the parties relating to the Software, and supersedes
+any previous communications, representations or agreements between the
+parties, whether oral or written, regarding transactions hereunder.
+Customer's additional or different terms and conditions will not apply.
+These license terms may not be changed except by an amendment signed by
+an authorized representative of each party.
+
+AS-IS WARRANTY STATEMENT
+
+
+
+1. DISCLAIMER.
+
+
+
+TO THE EXTENT ALLOWED BY LOCAL LAW, THIS SOFTWARE IS PROVIDED TO YOU
+``AS IS'' WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER ORAL OR
+WRITTEN, EXPRESS OR IMPLIED. HP SPECIFICALLY DISCLAIMS ANY IMPLIED
+WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY,
+NON-INFRINGEMENT, TITLE, ACCURACY OF INFORMATIONAL CONTENT, AND FITNESS
+FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE RESULTS AND
+PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. NO ORAL OR WRITTEN
+INFORMATION OR ADVICE GIVEN BY HP OR HP'S AUTHORIZED REPRESENTATIVES
+SHALL CREATE A WARRANTY OR AMEND THIS ``AS IS'' WARRANTY. Some
+jurisdictions do not allow exclusions of implied warranties or
+conditions, so the above exclusion may not apply to you to the extent
+prohibited by such local laws. You may have other rights that vary from
+country to country, state to state, or province to province.
+
+
+
+2. LIMITATION OF LIABILITY.
+
+
+
+EXCEPT TO THE EXTENT PROHIBITED BY LOCAL LAW, IN NO EVENT WILL HP OR ITS
+SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR
+SUPPLIERS BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
+CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES (INCLUDING LOST PROFIT, LOST
+DATA, OR DOWNTIME COSTS), ARISING OUT OF THE USE, INABILITY TO USE, OR
+THE RESULTS OF USE OF THE SOFTWARE, WHETHER BASED IN WARRANTY, CONTRACT,
+TORT OR OTHER LEGAL THEORY, AND WHETHER OR NOT HP WAS ADVISED OF THE
+POSSIBILITY OF SUCH DAMAGES. the software is not specifically designed,
+manufactured or intended for use in the planning, construction,
+maintenance, or direct operation of a nuclear facility, AIRCRAFT
+NAVIGATION OR AIRCRAFT COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL,
+DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS. Customer is solely
+liable if the software is used for these applications. Customer will
+indemnify and hold HP harmless from all loss, damage, expense or
+liability in connection with such use. Your use of the Software is
+entirely at your own risk. Should the Software prove defective, you
+assume the entire cost of all service, repair or correction. Some
+jurisdictions do not allow the exclusion or limitation of liability for
+incidental or consequential damages, so the above limitation may not
+apply to you to the extent prohibited by such local laws.
+
+
+
+NOTE. EXCEPT TO THE EXTENT ALLOWED BY LOCAL LAW, THESE WARRANTY TERMS
+DO NOT EXCLUDE, RESTRICT OR MODIFY, AND ARE IN ADDITION TO, THE
+MANDATORY STATUTORY RIGHTS APPLICABLE TO THE LICENSE OF THE SOFTWARE TO
+YOU; PROVIDED, HOWEVER, THAT THE CONVENTION ON CONTRACTS FOR THE
+INTERNATIONAL SALE OF GOODS IS SPECIFICALLY DISCLAIMED AND SHALL NOT
+GOVERN OR APPLY TO THE SOFTWARE PROVIDED IN CONNECTION WITH THIS
+WARRANTY STATEMENT.
+
+
+
+IF YOU AGREE TO BE BOUND BY AND COMPLY WITH ALL THE TERMS OF THIS
+LIMITED WARRANTY STATEMENT, YOU MUST CLICK THE BUTTON OR PLACE A CHECK
+IN THE APPLICABLE BOX INDICATING THAT YOU AGREE TO THE TERMS AND
+CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY ALL THE
+TERMS OF THIS LIMITED WARRANTY STATEMENT, HP IS UNWILLING TO GRANT YOU
+ANY RIGHTS TO USE THE SOFTWARE, AND YOU MUST STOP INSTALLING THE
+SOFTWARE AND INDICATE YOUR REJECTION OF THIS LIMITED WARRANTY STATEMENT
+BY NOT CLICKING THE BUTTON OR PLACING A CHECK IN THE APPLICABLE BOX.
+NOTWITHSTANDING THE FOREGOING, INSTALLING OR OTHERWISE USING THE
+SOFTWARE INDICATES YOUR ACCEPTANCE OF THIS LIMITED WARRANTY STATEMENT.
+
+
+
+
+
+
+