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1998-06-23
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9KB
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145 lines
SIGNAL 9 SOLUTIONS FIREWALL SOFTWARE LICENSE AGREEMENT
_______________________________________________________________________
PLEASE READ THIS LICENSE CAREFULLY BEFORE PROCEEDING TO DOWNLOAD OR
INSTALL THE SOFTWARE. BY DOWNLOADING OR INSTALLING AND/OR USING THE
SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS SOFTWARE
LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE,
YOU ARE NOT AUTHORIZED TO DOWNLOAD OR INSTALL THIS SOFTWARE. USER'S
USE OF THIS SOFTWARE IS CONDITIONAL UPON COMPLIANCE BY USER WITH THE
TERMS OF THIS LICENSE.
_______________________________________________________________________
This Signal 9 Solutions Canada Inc. Software License Agreement
("License") is an agreement between you (the individual or corporation
who operates the Software) and Signal 9 Solutions Canada Inc. ("Signal
9"). This License applies to the Signal 9 software product (the
"Software"), which includes the program (the "Program") and any
applicable user materials (the "Related Documentation").
1. GRANT OF LICENSE. Upon payment for use of the Software, Signal
9 grants you a non-exclusive, non-transferable right to use the
Software in machine executable form on a single designated central
processing unit (CPU) at a single time, even if more than one kind of
medium is contained in the package or if you are provided with an
updated version on new medium. The License cannot be transferred to
another CPU. You may make a single copy of the Program in any machine
readable form for back-up purposes in support of the authorized use of
the Program on the designated CPU.
In the case of evaluation versions of the Software, Signal 9 grants you
a non-exclusive, non-transferable license to use this Software for
evaluation purposes for a period not to exceed thirty (30) days.
Evaluation Software may contain code which will deactivate the Software
after the evaluation period. If you wish to continue using this
Software after the thirty-day evaluation period, you MUST purchase a
license for the full production version of the Software. You may not
attempt to use any means to extend the operation of the Software.
2. OTHER RESTRICTIONS. Except with the express written consent of
Signal 9, you are specifically prohibited from: (a) copying, renting,
leasing, selling or distributing the Software; (b) modifying,
decompiling, disassembling, or otherwise reverse engineering the
Program; and (c) transfering the Software or this License to any other
third party. Any unauthorized use shall result in immediate and
automatic termination of this license (without any notice from Signal
9). All rights not expressly granted herein are reserved to Signal 9.
The License granted by Signal 9 in Section 1 above is not assignable,
saleable, or franchisable by you to any third party. Rights to
distribute the Software may be negotiated independently with Signal 9
Solutions Inc.
3. COPYRIGHT. Title and ownership of the Software and all
associated intellectual property rights, including but not limited to
any trademark, trade secrets, copyright or similar rights in the
Software are and shall remain the exclusive property of Signal 9 and/or
other licensors. The Software is protected by copyright law and by
applicable international treaty provisions. Except for back-up
purposes as specified in Section 1 above, you are not permitted to copy
the Software. You agree that any copies of the Software will contain
the same proprietary notices which appear in and on the Software. You
may not copy any printed materials accompanying the Software, nor print
copies of any user documentation provided in "online" or electronic
form.
4. TERM. This License is effective for the duration of the useful
life of the Software or until terminated. This License shall terminate
automatically (without notice from Signal 9) should you fail to comply
with any of the terms or conditions of this License. Upon termination
of the License for any reason, all copies of the Software must be
destroyed.
5. WARRANTY. THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. YOU ARE RESPONSIBLE FOR THE ENTIRE
RISK WITH RESPECT TO THE QUALITY AND PERFORMANCE OF THE PROGRAM. Signal
9 DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PROGRAM WILL
MEET YOUR REQUIREMENTS OR THAT THE OPERATIONS OF THE PROGRAM WILL BE
UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS IN THE SIGNAL 9 PROGRAM
WILL BE CORRECTED. FURTHERMORE, SIGNAL 9 DOES NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE
SOFTWARE, INCLUDING BUT NOT LIMITED TO THEIR CORRECTNESS, ACCURACY,
RELIABILITY, EFFECTIVENESS OR OTHERWISE. NO ORAL OR WRITTEN
INFORMATION OR ADVICE GIVEN BY SIGNAL 9 OR ANY SIGNAL 9 AUTHORIZED
REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE
OF THIS WARRANTY. SHOULD THE SIGNAL 9 SOFTWARE PROVE DEFECTIVE, YOU
(AND NOT SIGNAL 9 OR A SIGNAL 9 AUTHORIZED REPRESENTATIVE) ASSUME THE
ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE
ABOVE EXCLUSION MAY NOT APPLY IN ITS ENTIRETY TO YOU. YOU ACKNOWLEDGE
THAT THE SOFTWARE IS BEING LICENSED BY SIGNAL 9 FOR COMMERCIAL
APPLICATIONS AND IS NOT INTENDED FOR LICENSE TO CONSUMERS.
6. LIMITATION OF LIABILITY. IN NO EVENT WILL SIGNAL 9 BE LIABLE
FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS DATA,
OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES)
ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM, EVEN WHERE
SIGNAL 9 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 OF LIABILITY MAY NOT FULLY APPLY TO YOU. IN NO EVENT SHALL
THE LIABILITY OF SIGNAL 9, OR ITS EMPLOYEES, REPRESENTATIVES OR
DISTRIBUTORS, FOR ANY CLAIM ARISING FROM THE USE OF THE SOFTWARE OR
THIS AGREEMENT EXCEED THE AMOUNT OF FEES RECEIVED BY SIGNAL 9, IF ANY,
IN RESPECT OF YOUR USE OF THE SOFTWARE.
7. U.S. GOVERNMENT RESTRICTED RIGHTS. Use, duplication, or
disclosure by the U.S. Government of the computer software and
documentation in this package shall be subject to the restricted rights
applicable to commercial computer software as set forth in subdivision
(c)(1)(ii) of the Rights in Technical Data and Computer Software clause
at 252.227-7013 (DFARS 52.227-7013) or subdivision (c)(1) and (2) of
the Commercial Computer Software -- Restricted Rights clause at 48 CFR
52.227-19, as applicable. The contractor/manufacturer is Signal 9
Solutions Canada Inc., 406-580 Terry Fox Drive, Kanata, ONTARIO, Canada
K2L 4B9.
8. GOVERNING LAW. This License will be governed by the laws of
the Province of Ontario, Canada and you agree that any litigation
arising hereunder shall be brought by you before the courts of the
Judicial District of Ottawa, Province of Ontario. Signal 9 may initiate
an action in any appropriate jurisdiction. If for any reason a court
of competent jurisdiction finds any provision of this License
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. The United Nations Convention on Contracts for the
International Sale of Goods is specifically disclaimed.
9. COMPLETE AGREEMENT. You acknowledge having read this License
agreement, understanding it and agreeing to be bound by its terms and
conditions. It is understood that this License is the complete and
exclusive statement between you and Signal 9 (including its dealers,
distributors, agents and employees) which supersedes any proposal or
prior agreement, oral or written, and any other communications relating
to the subject matter of the License.
Should you have any questions regarding this License or the Software,
please contact in writing: Signal 9 Solutions Canada Inc., 406-580
Terry Fox Dr., Kanata, ONTARIO, Canada K2L 4B9 or send e-mail to
sales@signal9.com.
Signal 9 (tm) is a trademark of Signal 9 Solutions Canada Inc.