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CHIP NET Rehberi Eylül 1998.iso
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license.txt
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1998-05-05
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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. Notwithstanding anything to the
contrary herein, any license agreement included in any third party
software component(s) shall set forth Licensee's rights with
regard to such software component(s) and shall take precedence
over the terms and conditions of this software license agreement
to the extent they are inconsistent. 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.
QUALCOMM and Eudora are registered trademarks and QUALCOMM is a
registered service mark of QUALCOMM Incorporated.
License Terms for PureVoice(TM) Player-Recorder Version 1.2 -
Windows Platform
License Terms for PureVoice(TM) Plug-In for Eudora(R) Version
1.2 - 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.
PureVoice(TM) is a registered trademark of QUALCOMM Incorporated.
The Sentry Spelling-Checker Engine is Copyright (C) 1993 by
Wintertree Software Inc.
Apple (R) and the Apple logo are registered trademarks, and
QuickTime (TM) is a trademark, of Apple Computer, Inc.
Windows and Internet Explorer are trademarks of Microsoft Corporation
registered in the U.S. and other countries.
All other trademarks and service marks are the property of their
respective owners.
Copyright 1998 QUALCOMM Incorporated. All rights reserved.
80-8116-2
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