PC Basics 53/PC Basics Issue 53.iso/Software/Internet/Eudora5.2.exe/data1.cab/Program_Executable_Files/License.txt

Text File | 2002-11-01 | 9.3 KB | 191 lines

__________________________________________________________

EUDORA(R) VERSION 5.2 SOFTWARE LICENSE AGREEMENT
__________________________________________________________

QUALCOMM INCORPORATED(R) ("QUALCOMM") IS WILLING TO LICENSE
ITS EUDORA VERSION 5.2 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 "YES"
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 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.
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) 2002 BY QUALCOMM INCORPORATED.  ALL RIGHTS
RESERVED.

QUALCOMM« IS A REGISTERED TRADEMARK AND REGISTERED SERVICE
MARK OF QUALCOMM INCORPORATED.  PUREVOICE(TM) IS A TRADEMARK
OF QUALCOMM INCORPORATED. ALL OTHER TRADEMARKS AND SERVICE
MARKS ARE THE PROPERTY OF THEIR RESPECTIVE OWNERS.

Certicom(TM)  and SSL Plus (TM) are trademarks of Certicom Corp.
Copyright ⌐ 1997-2000 Certicom Corp.  Portions are subsidiary of
Certicom Corp.  All rights reserved. Protected by U.S. 6,049,815;
U.S. 5,896,455; U.S. 5,889,865, U.S. 5,761,305; U.S. 5,787,028;
U.S. 4,745,568. Patents pending.

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.


10/11/02