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- EUDORA VERSION 4.3.2 SOFTWARE LICENSE AGREEMENT
-
- QUALCOMM INCORPORATED ("QUALCOMM") IS WILLING TO LICENSE
- VERSION 4.3.2 OF ITS EUDORA« SOFTWARE AND THE ACCOMPANYING
- DOCUMENTATION (THE "SOFTWARE") TO YOU ONLY ON THE CONDITION
- THAT YOU ACCEPT ALL OF THE TERMS IN THIS AGREEMENT. PLEASE
- READ THE TERMS CAREFULLY. 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 LICENSE THE SOFTWARE TO YOU. YOU SHOULD CLICK
- ON THE "NO" BUTTON TO DISCONTINUE THE INSTALLATION PROCESS.
-
- 1. LICENSE. Qualcomm hereby grants you a nonexclusive
- license to install and use the Software in machine-
- readable form on a single computer for use by a single
- individual. 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
- 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
- allowed under any applicable law. If applicable law
- permits such activities, any information so discovered
- must be promptly disclosed to Qualcomm and shall be
- deemed to be the confidential proprietary information of
- Qualcomm. Any attempt to transfer any of the rights,
- duties or obligations hereunder is void. You may not
- rent, lease, loan, or resell for profit the Software, or
- any part thereof. You may not reproduce, distribute,
- publicly perform or publicly display the Software except
- as expressly permitted under Section 1, and you may not
- create derivative works of the Software.
-
- 3. PRIVACY STATEMENT. The Eudora Privacy Statement found
- online at <http://www.eudora.com/privacy>, is
- incorporated herein by reference.
-
- 4. SUPPORT. Registered users of the Software are entitled
- to Qualcomm's standard support services, as such services
- are modified from time to time in Qualcomm's discretion.
-
- 5. NO WARRANTY. THE SOFTWARE IS PROVIDED "AS IS" AND
- WITHOUT ANY WARRANTY OR CONDITION, WHETHER EXPRESS,
- IMPLIED OR STATUTORY. Some jurisdictions do not allow
- the disclaimer of implied warranties, so the foregoing
- disclaimer may not apply to you. This warranty gives you
- specific legal rights and you may also have other legal
- rights which vary from state to state.
-
- 6. LIMITATION OF LIABILITY. IN NO EVENT WILL QUALCOMM OR
- ITS SUPPLIERS BE LIABLE FOR FOR ANY LOST PROFITS OR OTHER
- CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES (HOWEVER
- ARISING, INCLUDING NEGLIGENCE) IN CONNECTION WITH THE
- SOFTWARE OR THIS AGREEMENT, EVEN IF QUALCOMM HAS BEEN
- ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event
- will Qualcomm's liability in connection with the
- Software, regardless of the form of action, exceed $100.
- Some jurisdictions do not allow the foregoing limitations
- of liability, so the foregoing limitations may not apply
- to you.
-
- 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. This license
- terminates automatically if you violate any terms of the
- Agreement. Upon termination you must promptly delete all
- copies of the Software. Sections 2, 5, 6, 10 and 11
- shall survive termination.
-
- 8. EXPORT. You may not download or otherwise export or
- re-export the Software except in full compliance with all
- applicable laws and regulations. By accepting this
- agreement you represent and warrant that you: (a)
- understand that the Software is subject to export
- controls under the EAR, (b) are not located in a
- prohibited destination country under the EAR or U.S.
- sanctions regulations (currently Cuba, Iran, Iraq, Libya,
- North Korea, Sudan, Syria, the Federal Republic of
- Yugoslavia (including Serbia but not Kosovo or
- Montenegro), and Taliban controlled areas of
- Afghanistan), (c) are not a Denied Party, Specially
- Designated National, or other person or entity prohibited
- from receiving exports / re-exports by U.S. law; and (d)
- will not export, re-export, or transfer the Software to
- any prohibited destination entity or individual without
- the necessary export license(s) or authorization(s) from
- the U.S. Government.
-
- 9. CONTRACTING PARTIES. If the Software is installed on
- computers 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.
-
- 10. INDEMNITY. You agree to defend and indemnify QUALCOMM
- Incorporated against all claims, losses, liabilities,
- damages, costs and expenses, including attorney's fees,
- which QUALCOMM may incur in connection with your breach
- of this Agreement.
-
- 11. GENERAL. The Software is a "commercial item." 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. 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 ⌐ 2000 BY QUALCOMM INCORPORATED. ALL RIGHTS
- RESERVED.
-
- QUALCOMM« IS A REGISTERED TRADEMARK AND REGISTERED SERVICE
- MARK OF QUALCOMM INCORPORATED. EUDORA« AND EUDORA PRO« ARE
- REGISTERED TRADEMARKS OF QUALCOMM INCORPORATED.
- PUREVOICE(TM) IS A TRADEMARK OF QUALCOMM INCORPORATED. ALL
- OTHER TRADEMARKS AND SERVICE MARKS ARE THE PROPERTY OF
- THEIR RESPECTIVE OWNERS.
-
- 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.
-
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