License Agreements:
SUN MICROSYSTEMS, INC.
BINARY CODE LICENSE AGREEMENT
Note: This license agreement is provided for your reference. It is what
you will find in the Java software package that you download and
governs the use of the Java software package. To complete the
installation of and use the Java software package, you will be required
to agree to the terms set forth below.
Sun Microsystems, Inc
Binary Code License Agreement
for the JAVA SE RUNTIME ENVIRONMENT (JRE) VERSION 6
SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE THE SOFTWARE
IDENTIFIED BELOW TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF
THE TERMS CONTAINED IN THIS BINARY CODE LICENSE AGREEMENT AND
SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY "AGREEMENT"). PLEASE READ THE
AGREEMENT CAREFULLY. BY DOWNLOADING OR INSTALLING THIS SOFTWARE, YOU
ACCEPT THE TERMS OF THE AGREEMENT. INDICATE ACCEPTANCE BY SELECTING THE
"ACCEPT" BUTTON AT THE BOTTOM OF THE AGREEMENT. IF YOU ARE NOT WILLING
TO BE BOUND BY ALL THE TERMS, SELECT THE "DECLINE" BUTTON AT THE BOTTOM
OF THE AGREEMENT AND THE DOWNLOAD OR INSTALL PROCESS WILL NOT CONTINUE.
DEFINITIONS. "Software" means the identified above in binary form, any
other machine readable materials (including, but not limited to,
libraries, source files, header files, and data files), any updates or
error corrections provided by Sun, and any user manuals, programming
guides and other documentation provided to you by Sun under this
Agreement. "Programs" mean Java applets and applications intended to
run on the Java Platform, Standard Edition (Java SE) on Java-enabled
general purpose desktop computers and servers.
LICENSE TO USE. Subject to the terms and conditions of this Agreement,
including, but not limited to the Java Technology Restrictions of the
Supplemental License Terms, Sun grants you a non-exclusive,
non-transferable, limited license without license fees to reproduce and
use internally Software complete and unmodified for the sole purpose of
running Programs. Additional licenses for developers and/or publishers
are granted in the Supplemental License Terms.
RESTRICTIONS. Software is confidential and copyrighted. Title to
Software and all associated intellectual property rights is retained by
Sun and/or its licensors. Unless enforcement is prohibited by
applicable law, you may not modify, decompile, or reverse engineer
Software. You acknowledge that Licensed Software is not designed or
intended for use in the design, construction, operation or maintenance
of any nuclear facility. Sun Microsystems, Inc. disclaims any express
or implied warranty of fitness for such uses. No right, title or
interest in or to any trademark, service mark, logo or trade name of
Sun or its licensors is granted under this Agreement. Additional
restrictions for developers and/or publishers licenses are set forth in
the Supplemental License Terms.
LIMITED WARRANTY. Sun warrants to you that for a period of ninety (90)
days from the date of purchase, as evidenced by a copy of the receipt,
the media on which Software is furnished (if any) will be free of
defects in materials and workmanship under normal use. Except for the
foregoing, Software is provided "AS IS". Your exclusive remedy and
Sun's entire liability under this limited warranty will be at Sun's
option to replace Software media or refund the fee paid for Software.
Any implied warranties on the Software are limited to 90 days. Some
states do not allow limitations on duration of an implied warranty, so
the above may not apply to you. This limited warranty gives you
specific legal rights. You may have others, which vary from state to
state.
DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS
OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY
IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE
DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO
EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT
OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR
PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY,
ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE,
EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no
event will Sun's liability to you, whether in contract, tort (including
negligence), or otherwise, exceed the amount paid by you for Software
under this Agreement. The foregoing limitations will apply even if the
above stated warranty fails of its essential purpose. Some states do
not allow the exclusion of incidental or consequential damages, so some
of the terms above may not be applicable to you.
TERMINATION. This Agreement is effective until terminated. You may
terminate this Agreement at any time by destroying all copies of
Software. This Agreement will terminate immediately without notice from
Sun if you fail to comply with any provision of this Agreement. Either
party may terminate this Agreement immediately should any Software
become, or in either party's opinion be likely to become, the subject
of a claim of infringement of any intellectual property right. Upon
Termination, you must destroy all copies of Software.
EXPORT REGULATIONS. All Software and technical data delivered under
this Agreement are subject to US export control laws and may be subject
to export or import regulations in other countries. You agree to comply
strictly with all such laws and regulations and acknowledge that you
have the responsibility to obtain such licenses to export, re-export,
or import as may be required after delivery to you.
TRADEMARKS AND LOGOS. You acknowledge and agree as between you and Sun
that Sun owns the SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET
trademarks and all SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET-related
trademarks, service marks, logos and other brand designations ("Sun
Marks"), and you agree to comply with the Sun Trademark and Logo Usage
Requirements currently located at
http://www.sun.com/policies/trademarks. Any use you make of the Sun
Marks inures to Sun's benefit.
U.S. GOVERNMENT RESTRICTED RIGHTS. If Software is being acquired by or
on behalf of the U.S. Government or by a U.S. Government prime
contractor or subcontractor (at any tier), then the Government's rights
in Software and accompanying documentation will be only as set forth in
this Agreement; this is in accordance with 48 CFR 227.7201 through
227.7202-4 (for Department of Defense (DOD) acquisitions) and with 48
CFR 2.101 and 12.212 (for non-DOD acquisitions).
GOVERNING LAW. Any action related to this Agreement will be governed by
California law and controlling U.S. federal law. No choice of law rules
of any jurisdiction will apply.
SEVERABILITY. If any provision of this Agreement is held to be
unenforceable, this Agreement will remain in effect with the provision
omitted, unless omission would frustrate the intent of the parties, in
which case this Agreement will immediately terminate.
INTEGRATION. This Agreement is the entire agreement between you and Sun
relating to its subject matter. It supersedes all prior or
contemporaneous oral or written communications, proposals,
representations and warranties and prevails over any conflicting or
additional terms of any quote, order, acknowledgment, or other
communication between the parties relating to its subject matter during
the term of this Agreement. No modification of this Agreement will be
binding, unless in writing and signed by an authorized representative
of each party.
SUPPLEMENTAL LICENSE TERMS
These Supplemental License Terms add to or modify the terms of the
Binary Code License Agreement. Capitalized terms not defined in these
Supplemental Terms shall have the same meanings ascribed to them in the
Binary Code License Agreement. These Supplemental Terms shall supersede
any inconsistent or conflicting terms in the Binary Code License
Agreement, or in any license contained within the Software.
Software Internal Use and Development License Grant. Subject to the
terms and conditions of this Agreement and restrictions and exceptions
set forth in the Software "README" file incorporated herein by
reference, including, but not limited to the Java Technology
Restrictions of these Supplemental Terms, Sun grants you a
non-exclusive, non-transferable, limited license without fees to
reproduce internally and use internally the Software complete and
unmodified for the purpose of designing, developing, and testing your
Programs.
License to Distribute Software. Subject to the terms and conditions of
this Agreement and restrictions and exceptions set forth in the
Software README file, including, but not limited to the Java Technology
Restrictions of these Supplemental Terms, Sun grants you a
non-exclusive, non-transferable, limited license without fees to
reproduce and distribute the Software, provided that (i) you distribute
the Software complete and unmodified and only bundled as part of, and
for the sole purpose of running, your Programs, (ii) the Programs add
significant and primary functionality to the Software, (iii) you do not
distribute additional software intended to replace any component(s) of
the Software, (iv) you do not remove or alter any proprietary legends
or notices contained in the Software, (v) you only distribute the
Software subject to a license agreement that protects Sun's interests
consistent with the terms contained in this Agreement, and (vi) you
agree to defend and indemnify Sun and its licensors from and against
any damages, costs, liabilities, settlement amounts and/or expenses
(including attorneys' fees) incurred in connection with any claim,
lawsuit or action by any third party that arises or results from the
use or distribution of any and all Programs and/or Software.
Java Technology Restrictions. You may not create, modify, or change the
behavior of, or authorize your licensees to create, modify, or change
the behavior of, classes, interfaces, or subpackages that are in any
way identified as "java", "javax", "sun" or similar convention as
specified by Sun in any naming convention designation.
Source Code. Software may contain source code that, unless expressly
licensed for other purposes, is provided solely for reference purposes
pursuant to the terms of this Agreement. Source code may not be
redistributed unless expressly provided for in this Agreement.
Third Party Code. Additional copyright notices and license terms
applicable to portions of the Software are set forth in the
THIRDPARTYLICENSEREADME.txt file. In addition to any terms and
conditions of any third party opensource/freeware license identified in
the THIRDPARTYLICENSEREADME.txt file, the disclaimer of warranty and
limitation of liability provisions in paragraphs 5 and 6 of the Binary
Code License Agreement shall apply to all Software in this
distribution.
Termination for Infringement. Either party may terminate this Agreement
immediately should any Software become, or in either party's opinion be
likely to become, the subject of a claim of infringement of any
intellectual property right.
Installation and Auto-Update. The Software's installation and
auto-update processes transmit a limited amount of data to Sun (or its
service provider) about those specific processes to help Sun understand
and optimize them. Sun does not associate the data with personally
identifiable information. You can find more information about the data
Sun collects at http://java.com/data/.
For inquiries please contact: Sun Microsystems, Inc., 4150 Network
Circle, Santa Clara, California 95054, U.S.A.
Saba Software, Inc. Software License Agreement
This License Agreement is valid
only in the country in which it was originally delivered.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND SABA SOFTWARE, INC.
("SABA".) IF YOU DO NOT AGREE TO THE TERMS OF THIS
AGREEMENT, PROMPTLY, RETURN THE CD-ROM PACKAGE AND THE ACCOMPANYING
WRITTEN MATERIALS, BINDERS AND OTHER CONTAINERS IN ORIGINAL CONDITION
TO THE PLACE THAT YOU OBTAINED THEM FOR A FULL REFUND.
Definitions (as used in this License Agreement):
(a)"Documentation" means the user guides, reference manuals,
installation materials and other written materials provided by SABA and
relating to the Software.
(b)"Software" means the object code versions of the SABA software
products purchased, together with all SABA-authorized updates,
replacements or modifications provided to Licensee. The Software may
include software licensed to SABA by third parties.
1. SOFTWARE LICENSE: Subject to payment of all amounts due and subject
to the terms and conditions of this Agreement, SABA hereby grants, and
you accept, the non-exclusive license(s) identified below to operate
the Software program accompanying this License. The Client and
Symposium Agenda Builder Licenses will apply to you unless this
Software is expressly labeled a Server version (in which case the
Server License will apply to you.)
(a) CLIENT LICENSE: a license to use the Software on a single
compatible computer at a time or with a single network or file server,
provided that access is limited to one user at a time.
(b) SERVER LICENSE: a license to operate Software on a single server
machine owned or leased by you (the "Server"), provided that the number
of concurrent users on any network connected to the Server at any time
does not exceed the number of valid Client Licenses for Software used
on that network. A Server License is solely for your internal use or
for the use of individuals who have executed a Client License with
SABA, provided that you indemnify and hold harmless SABA from any
damages or losses, including attorney's fees, arising out of such
individuals' use of the Software.
2. CERTAIN OBLIGATIONS:
(a) You will take all reasonable steps to prevent unauthorized access
to the Software and the Documentation and to ensure compliance with
this Agreement by all persons who are permitted access. You will not
disclose or permit others to disclose any confidential information of
SABA contained in the Software or Documentation. You will not
reverse engineer or reverse compile the Software, in whole or in part.
You will not alter or remove any notices, graphics or text contained on
or in the Software or the Documentation; or modify the Software in any
form, without the express written permission from SABA.
(b) The Software may have "authorization keys" which shall be provided
to you. An authorization key is a unique series of data elements which
enables you to use the Software. Such keys are confidential
and non-transferable and must be destroyed by you upon termination of
the license.
(c) U.S. GOVERNMENT RESTRICTED RIGHTS. If you are a government entity,
you agree that the Software is commercial computer software and is
acquired with only those rights set forth in this Agreement.
(d) SABA and its suppliers retain all right, title and interest in and
to the Software and the Documentation including all patents, trade
secrets, copyrights and other proprietary rights. Significant penalties
may result from infringement of proprietary rights. You may transfer
the Software to a hard disk and keep up to three copies of the
Software, including the original copy, solely for back-up or archival
purposes. You may copy the Documentation, as needed, for your internal
use or for use by other individuals under a valid Client License.
Included within the Software is software from GNU which is provided
under a general public license. The terms of this license are
available from SABA or may be obtained from GNU on the internet.
3. OTHER RESTRICTIONS: You may not rent or lease the Software, but you
may transfer your rights under this License on a permanent basis
provided you transfer all Software and all Documentation, retain no
copies and the recipient agrees to the terms of this
Agreement. You warrant that you will not use or redistribute
the Software for use in online control of aircraft, air traffic,
aircraft navigation or aircraft communications; or in the design,
construction and operation of any nuclear facility.
4. LIMITED WARRANTY: SABA warrants that the Software will function
substantially in accordance with the Documentation for a period of 90
days after you receive the Software. This Limited Warranty is void if
failure of the Software has resulted from accident, abuse or
misapplication.
Except as set forth in the immediately preceding paragraph, SABA
PROVIDES THE SOFTWARE AND THE DOCUMENTATION WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR
A PARTICULAR PURPOSE OR WARRANTIES OF QUALITY OR PERFORMANCE. Your
exclusive remedy with respect to the Software, the Documentation and
this Agreement will be limited to, at SABA'S option, (a) the
replacement of any defective Software or Documentation, or (b) refund
of the original purchase price paid for the Software.
5. EXCLUSION OF DAMAGES: IN NO EVENT WILL SABA OR ITS EMPLOYEES, AGENTS
OR SUPPLIERS BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OR
INABILITY TO USE THE SOFTWARE OR DOCUMENTATION, INCLUDING, BUT NOT
LIMITED TO, ANY DAMAGES FOR LOST PROFITS OR ANTICIPATED BENEFITS, EVEN
IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED
WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DO
NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE
ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY
GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS
WHICH VARY FROM JURISDICTION TO JURISDICTION.
6. LIMITATION OF LIABILITY: SABA'S LIABILITY TO YOU FOR ANY LOSSES
SHALL BE LIMITED TO DIRECT DAMAGES, AND SHALL NOT EXCEED THE AMOUNT YOU
ORIGINALLY PAID FOR THE SOFTWARE. IN NO EVENT WILL SABA BE LIABLE TO
YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
(INCLUDING LOSS OF PROFITS) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
7. COMPLIANCE WITH LAWS: Software, including technical data, is subject
to U.S. export control laws, including the U.S. Export Administration
Act and its associated regulations in other countries. You
agree to comply strictly with all such regulations and acknowledge that
you have the responsibility to obtain all permits or licenses required:
to export, re-export or import the Software and to purchase, ship,
install and use the Software.
8. GENERAL:
(a) This is the entire agreement between the parties with respect to
its subject matter, and this Agreement supersedes all prior
communications, agreements and understandings, written or oral, between
the parties related to such subject matter. No SABA dealer,
agent or employee is authorized to make any amendment to this
Agreement. Any modifications or additions to this Agreement proposed in
any purchase order or other communication which you submit to SABA are
hereby expressly rejected and are null and void unless specifically
agreed in writing by an authorized officer of SABA. Sections 5 and 6 of
this Agreement shall survive any termination of this Agreement.
(b) SABA'S failure to enforce, or waiver of a breach of, any provision
hereof shall not constitute a waiver of any other breach of such
provision. You acknowledge that a breach by you of Sections 1, 2, or 3
of this Agreement would constitute irreparable harm to SABA and
therefore consent to being enjoined from any such breach.
(c) SABA shall not be considered in default in performance of its
obligations hereunder if performance of such obligations is prevented
or delayed by force majeure or any cause beyond its reasonable control.
(d) This Agreement shall be governed by the laws of The Commonwealth of
Massachusetts, U.S.A. without regard to conflict of laws rules that
would cause the laws of any other jurisdiction to apply and without
regard to the United Nations Convention on the International Sale of
Goods. This Agreement will be deemed to be a contract under
seal.
Should you have any questions concerning this Agreement, the Software
or the Documentation, you may contact SABA by writing to:
Saba Software, Inc.
2400 Bridge Parkway Redwood Shores, CA 94065
Tel: +1-650-581-2500
Fax: +1-650-696-1773
Centra Software, Inc. Software License Agreement
This License Agreement is valid
only in the country in which it was originally delivered.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND CENTRA SOFTWARE, INC.
("CENTRA".) IF YOU DO NOT AGREE TO THE TERMS OF
THIS AGREEMENT, PROMPTLY, RETURN THE CD-ROM PACKAGE AND THE
ACCOMPANYING WRITTEN MATERIALS, BINDERS AND OTHER CONTAINERS IN
ORIGINAL CONDITION TO THE PLACE THAT YOU OBTAINED THEM FOR A FULL
REFUND.
Definitions (as used in this License Agreement):
(a)"Documentation" means the user guides, reference manuals,
installation materials and other written materials provided by CENTRA
and relating to the Software.
(b)"Software" means the object code versions of the CENTRA software
products purchased, together with all CENTRA-authorized updates,
replacements or modifications provided to Licensee. The Software may
include software licensed to CENTRA by third parties.
1. SOFTWARE LICENSE: Subject to payment of all amounts due and subject
to the terms and conditions of this Agreement, CENTRA hereby grants,
and you accept, the non-exclusive license(s) identified below to
operate the Software program accompanying this License. The Client and
Symposium Agenda Builder Licenses will apply to you unless this
Software is expressly labeled a Server version (in which case the
Server License will apply to you.)
(a) CLIENT LICENSE: a license to use the Software on a single
compatible computer at a time or with a single network or file server,
provided that access is limited to one user at a time.
(b) SERVER LICENSE: a license to operate Software on a single server
machine owned or leased by you (the "Server"), provided that the number
of concurrent users on any network connected to the Server at any time
does not exceed the number of valid Client Licenses for Software used
on that network. A Server License is solely for your internal use or
for the use of individuals who have executed a Client License with
CENTRA, provided that you indemnify and hold harmless CENTRA from any
damages or losses, including attorney's fees, arising out of such
individuals' use of the Software.
2. CERTAIN OBLIGATIONS:
(a) You will take all reasonable steps to prevent unauthorized access
to the Software and the Documentation and to ensure compliance with
this Agreement by all persons who are permitted access. You will not
disclose or permit others to disclose any confidential information of
CENTRA contained in the Software or Documentation. You will
not reverse engineer or reverse compile the Software, in whole or in
part. You will not alter or remove any notices, graphics or text
contained on or in the Software or the Documentation; or modify the
Software in any form, without the express written permission from
CENTRA.
(b) The Software may have "authorization keys" which shall be provided
to you. An authorization key is a unique series of data elements which
enables you to use the Software. Such keys are confidential
and non-transferable and must be destroyed by you upon termination of
the license.
(c) U.S. GOVERNMENT RESTRICTED RIGHTS. If you are a government entity,
you agree that the Software is commercial computer software and is
acquired with only those rights set forth in this Agreement.
(d) CENTRA and its suppliers retain all right, title and interest in
and to the Software and the Documentation including all patents, trade
secrets, copyrights and other proprietary rights. Significant penalties
may result from infringement of proprietary rights. You may transfer
the Software to a hard disk and keep up to three copies of the
Software, including the original copy, solely for back-up or archival
purposes. You may copy the Documentation, as needed, for your internal
use or for use by other individuals under a valid Client License.
Included within the Software is software from GNU which is provided
under a general public license. The terms of this license are
available from CENTRA or may be obtained from GNU on the internet.
3. OTHER RESTRICTIONS: You may not rent or lease the Software, but you
may transfer your rights under this License on a permanent basis
provided you transfer all Software and all Documentation, retain no
copies and the recipient agrees to the terms of this
Agreement. You warrant that you will not use or redistribute
the Software for use in online control of aircraft, air traffic,
aircraft navigation or aircraft communications; or in the design,
construction and operation of any nuclear facility.
4. LIMITED WARRANTY: CENTRA warrants that the Software will function
substantially in accordance with the Documentation for a period of 90
days after you receive the Software. This Limited Warranty is void if
failure of the Software has resulted from accident, abuse or
misapplication.
Except as set forth in the immediately preceding paragraph, CENTRA
PROVIDES THE SOFTWARE AND THE DOCUMENTATION WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR
A PARTICULAR PURPOSE OR WARRANTIES OF QUALITY OR PERFORMANCE. Your
exclusive remedy with respect to the Software, the Documentation and
this Agreement will be limited to, at CENTRA'S option, (a) the
replacement of any defective Software or Documentation, or (b) refund
of the original purchase price paid for the Software.
5. EXCLUSION OF DAMAGES: IN NO EVENT WILL CENTRA OR ITS EMPLOYEES,
AGENTS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OR
INABILITY TO USE THE SOFTWARE OR DOCUMENTATION, INCLUDING, BUT NOT
LIMITED TO, ANY DAMAGES FOR LOST PROFITS OR ANTICIPATED BENEFITS, EVEN
IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED
WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DO
NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE
ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY
GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS
WHICH VARY FROM JURISDICTION TO JURISDICTION.
6. LIMITATION OF LIABILITY: CENTRA'S LIABILITY TO YOU FOR ANY LOSSES
SHALL BE LIMITED TO DIRECT DAMAGES, AND SHALL NOT EXCEED THE AMOUNT YOU
ORIGINALLY PAID FOR THE SOFTWARE. IN NO EVENT WILL CENTRA BE LIABLE TO
YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
(INCLUDING LOSS OF PROFITS) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
7. COMPLIANCE WITH LAWS: Software, including technical data, is subject
to U.S. export control laws, including the U.S. Export Administration
Act and its associated regulations in other countries. You
agree to comply strictly with all such regulations and acknowledge that
you have the responsibility to obtain all permits or licenses required:
to export, re-export or import the Software and to purchase, ship,
install and use the Software.
8. GENERAL:
(a) This is the entire agreement between the parties with respect to
its subject matter, and this Agreement supersedes all prior
communications, agreements and understandings, written or oral, between
the parties related to such subject matter. No CENTRA dealer,
agent or employee is authorized to make any amendment to this
Agreement. Any modifications or additions to this Agreement proposed in
any purchase order or other communication which you submit to CENTRA
are hereby expressly rejected and are null and void unless specifically
agreed in writing by an authorized officer of CENTRA. Sections 5 and 6
of this Agreement shall survive any termination of this Agreement.
(b) CENTRA'S failure to enforce, or waiver of a breach of, any
provision hereof shall not constitute a waiver of any other breach of
such provision. You acknowledge that a breach by you of Sections 1, 2,
or 3 of this Agreement would constitute irreparable harm to CENTRA and
therefore consent to being enjoined from any such breach.
(c) CENTRA shall not be considered in default in performance of its
obligations hereunder if performance of such obligations is prevented
or delayed by force majeure or any cause beyond its reasonable control.
(d) This Agreement shall be governed by the laws of The Commonwealth of
Massachusetts, U.S.A. without regard to conflict of laws rules that
would cause the laws of any other jurisdiction to apply and without
regard to the United Nations Convention on the International Sale of
Goods. This Agreement will be deemed to be a contract under
seal.
Should you have any questions concerning this Agreement, the Software
or the Documentation, you may contact CENTRA by writing to:
Centra Software, Inc.
430 Bedford Street
Tel: (781) 861-7000
Fax: (781) 863-7288
MICROSOFT WINDOWS UPDATE
SUPPLEMENTAL END USER LICENSE
AGREEMENT FOR MICROSOFT SOFTWARE ("Supplemental EULA")
IMPORTANT: READ CAREFULLY - These Microsoft Corporation ("Microsoft")
operating system components, including any "online" or electronic
documentation ("OS Components") are subject to the terms and conditions
of the agreement under which you have licensed the applicable Microsoft
operating system product described below (each an "End User License
Agreement" or "EULA") and the terms and conditions of this Supplemental
EULA. BY INSTALLING, COPYING OR OTHERWISE USING THE OS COMPONENTS, YOU
AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THE APPLICABLE
OPERATING SYSTEM PRODUCT EULA AND THIS SUPPLEMENTAL EULA. IF YOU DO NOT
AGREE TO THESE TERMS AND CONDITIONS, DO NOT INSTALL, COPY OR USE THE OS
COMPONENTS.
NOTE: IF YOU DO NOT HAVE A VALIDLY LICENSED COPY OF ANY VERSION OR
EDITION OF MICROSOFT WINDOWS XP MEDIA CENTER EDITION, MICROSOFT WINDOWS
95, WINDOWS 98, WINDOWS NT 4.0 WINDOWS 2000 OPERATING SYSTEM OR ANY
MICROSOFT OPERATING SYSTEM THAT IS A SUCCESSOR TO ANY OF THOSE
OPERATING SYSTEMS (each an "OS Product"), YOU ARE NOT AUTHORIZED TO
INSTALL, COPY OR OTHERWISE USE THE OS COMPONENTS AND YOU HAVE NO RIGHTS
UNDER THIS SUPPLEMENTAL EULA.
Capitalized terms used in this Supplemental EULA and not otherwise
defined herein shall have the meanings assigned to them in the
applicable OS Product EULA.
General. Each of the OS Components available from this site is
identified as being applicable to one or more of the OS Products. The
applicable OS Components are provided to you by Microsoft to update,
supplement, or replace existing functionality of the applicable OS
Product. Microsoft grants you a license to use the applicable OS
Components under the terms and conditions of the EULA for the
applicable OS Product (which are hereby incorporated by reference
except as set forth below), the terms and conditions set forth in this
Supplemental EULA, and the terms and conditions of any additional end
user license agreement that may accompany the individual OS Components
(each an "Individual EULA"), provided that you comply with all such
terms and conditions. To the extent that there is a conflict among any
of these terms and conditions applicable to the OS Components, the
following hierarchy shall apply: 1) the terms and conditions of the
Individual EULA; 2) the terms and conditions in this Supplemental EULA;
and 3) the terms and conditions of the applicable OS Product EULA.
Additional Rights and Limitations.
* If you have multiple validly licensed copies of any OS Product, you
may reproduce, install and use one copy of the applicable OS Components
as part of the applicable OS Product on all of your computers running
validly licensed copies of the applicable OS Product, provided that you
use such additional copies of such OS Components in accordance with the
terms and conditions above. For each validly licensed copy of the
applicable OS Product, you also may reproduce one additional copy of
the applicable OS Components solely for archival purposes or
reinstallation of the OS Components on the same computer as the OS
Components were previously installed. Microsoft retains all right,
title and interest in and to the OS Components. All rights not
expressly granted are reserved by Microsoft.
* If you are installing the OS Components on behalf of an organization
other than your own, prior to installing any of the OS Components, you
must confirm that the end-user (whether an individual or a single
entity) has received, read and accepted these terms and conditions.
* The OS Components may contain technology that enables applications to
be shared between two or more computers, even if an application is
installed on only one of the computers. You may use this technology
with all Microsoft application products for multi-party conferences.
For non-Microsoft applications, you should consult the accompanying
license agreement or contact the licensor to determine whether
application sharing is permitted by the licensor.
* You may not disclose the results of any benchmark test of the .NET
Framework component of the OS Components to any third party without
Microsoft’s prior written approval.
SOLELY WITH RESPECT TO THE MICROSOFT VIRTUAL MACHINE FOR JAVA, YOU ARE
ONLY LICENSED TO INSTALL THIS OS COMPONENT ON A MACHINE THAT ALREADY
CONTAINS A VERSION OF THE MICROSOFT VIRTUAL MACHINE FOR JAVA.
IF THE APPLICABLE OS PRODUCT WAS LICENSED TO YOU BY MICROSOFT OR ANY OF
ITS WHOLLY OWNED SUBSIDIARIES, THE LIMITED WARRANTY (IF ANY) INCLUDED
IN THE APPLICABLE OS PRODUCT EULA APPLIES TO THE APPLICABLE OS
COMPONENTS PROVIDED THE APPLICABLE OS COMPONENTS HAVE BEEN LICENSED BY
YOU WITHIN THE TERM OF THE LIMITED WARRANTY IN THE APPLICABLE OS
PRODUCT EULA. HOWEVER, THIS SUPPLEMENTAL EULA DOES NOT EXTEND THE TIME
PERIOD FOR WHICH THE LIMITED WARRANTY IS PROVIDED.
IF THE APPLICABLE OS PRODUCT WAS LICENSED TO YOU BY AN ENTITY OTHER
THAN MICROSOFT OR ANY OF ITS WHOLLY OWNED SUBSIDIARIES, MICROSOFT
DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE APPLICABLE OS COMPONENTS
AS FOLLOWS:
DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, MICROSOFT AND ITS SUPPLIERS PROVIDE TO YOU THE OS COMPONENTS, AND
ANY (IF ANY) SUPPORT SERVICES RELATED TO THE OS COMPONENTS ("SUPPORT
SERVICES") AS IS AND WITH ALL FAULTS; AND MICROSOFT AND ITS SUPPLIERS
HEREBY DISCLAIM WITH RESPECT TO THE OS COMPONENTS AND SUPPORT SERVICES
ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) WARRANTIES, DUTIES OR
CONDITIONS OF OR RELATED TO: MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES,
RESULTS, WORKMANLIKE EFFORT AND LACK OF NEGLIGENCE. ALSO THERE IS NO
WARRANTY, DUTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET
POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT. THE
ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE OS COMPONENTS AND
ANY SUPPORT SERVICES REMAINS WITH YOU.
EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
MICROSOFT OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL,
INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT
NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR
OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF
PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF
REASONABLE CARE), NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS
WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR
INABILITY TO USE THE OS COMPONENTS OR THE SUPPORT SERVICES, OR THE
PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER
OR IN CONNECTION WITH ANY PROVISION OF THIS SUPPLEMENTAL EULA, EVEN IF
MICROSOFT OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT
YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL
DAMAGES), THE ENTIRE LIABILITY OF MICROSOFT AND ANY OF ITS SUPPLIERS
UNDER ANY PROVISION OF THIS SUPPLEMENTAL EULA AND YOUR EXCLUSIVE REMEDY
FOR ALL OF THE FOREGOING SHALL BE LIMITED TO ACTUAL DAMAGES INCURRED BY
YOU BASED ON REASONABLE RELIANCE UP TO THE GREATER OF THE AMOUNT
ACTUALLY PAID BY YOU FOR THE OS COMPONENTS OR U.S.$5.00. THE FOREGOING
LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS
ESSENTIAL PURPOSE.
MICROSOFT VIRTUAL MACHINE
END-USER LICENSE AGREEMENT FOR MICROSOFT SOFTWARE
IMPORTANT READ CAREFULLY: This
Microsoft End-User License Agreement ("EULA") is a legal agreement
between you (either an individual or a single entity) and Microsoft
Corporation for the Microsoft software product identified above, which
includes "online" or electronic documentation and may include computer
software and associated media and printed materials ("SOFTWARE PRODUCT"
or "SOFTWARE"). By installing, copying, or otherwise using the SOFTWARE
PRODUCT, you agree to be bound by the terms of this EULA. If you do not
agree to the terms of this EULA, you are not authorized to use the
SOFTWARE PRODUCT.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international
copyright treaties, as well as other intellectual property laws and
treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE. This EULA grants you the following rights:
Installation and Use. You may install and use copies of the SOFTWARE
PRODUCT on any computer which is running a licensed copy of Microsoft
Windows 95, Microsoft Windows 98, Microsoft Windows NT Workstation
version 4.0 or later, Microsoft Windows NT Server version 4.0 or later,
Microsoft Internet Explorer, Microsoft SDK for Java, Microsoft Internet
Information Server, or Microsoft Visual J++. You may redistribute the
SOFTWARE PRODUCT with your own software products in accordance with the
terms of the end user license agreements for the Microsoft SDK for Java
or Microsoft Visual J++ provided that you own licensed copies, where
appropriate, of such Microsoft tool products.
Backup Copies. You may make backup copies of the SOFTWARE PRODUCT for
all computers on which you have installed the SOFTWARE PRODUCT.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
Limitations on Reverse Engineering, Decompilation, and Disassembly. You
may not reverse engineer, decompile, or disassemble the SOFTWARE
PRODUCT, except and only to the extent that such activity is expressly
permitted by applicable law notwithstanding this limitation.
Separation of Components. The SOFTWARE PRODUCT is licensed as a single
product. Its component parts may not be separated for use on more than
one computer.
You must maintain all copyright notices on all copies of the SOFTWARE
PRODUCT.
You may not distribute copies of the SOFTWARE PRODUCT to third parties.
Rental. You may not rent, lease or lend the SOFTWARE PRODUCT.
Software Transfer. You may permanently transfer all of your rights
under this EULA, provided the recipient agrees to the terms of this
EULA.
Termination. Without prejudice to any other rights, Microsoft may
terminate this EULA if you fail to comply with the terms and conditions
of this EULA. In such event, you must destroy all copies of the
SOFTWARE PRODUCT and all of its component parts.
3. COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT
and any copies thereof are owned by Microsoft or its suppliers. All
title and intellectual property rights in and to the content which may
be accessed through use of the SOFTWARE PRODUCT is the property of the
respective content owner and may be protected by applicable copyright
or other intellectual property laws and treaties. This EULA grants you
no rights to use such content.
4. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE PRODUCT and
documentation are provided with RESTRICTED RIGHTS. Use, duplication, or
disclosure by the Government is subject to restrictions as set forth in
subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer
Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2)
of the Commercial Computer Software Restricted Rights at 48 CFR
52.227-19, as applicable. Manufacturer is Microsoft Corporation/One
Microsoft Way/Redmond, WA 98052-6399.
5. EXPORT RESTRICTIONS. You agree that you will not export or re-export
the SOFTWARE PRODUCT to any country, person, entity or end user subject
to U.S.A. export restrictions. Restricted countries currently include,
but are not necessarily limited to Cuba, Iran, Iraq, Libya, North
Korea, Sudan, and Syria. You warrant and represent that neither the
U.S.A. Bureau of Export Administration nor any other federal agency has
suspended, revoked or denied your export privileges.
6. NOTE ON JAVA SUPPORT. THE SOFTWARE PRODUCT MAY CONTAIN SUPPORT FOR
PROGRAMS WRITTEN IN JAVA. JAVA TECHNOLOGY IS NOT FAULT TOLERANT AND IS
NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR RESALE AS ON-LINE
CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE
PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT
NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE
SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF JAVA
TECHNOLOGY COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE
PHYSICAL OR ENVIRONMENTAL DAMAGE ("HIGH RISK ACTIVITIES"). Sun
Microsystems, Inc. has contractually obligated Microsoft to make this
disclaimer.
NO WARRANTIES. Microsoft expressly disclaims any warranty for the
SOFTWARE PRODUCT. The SOFTWARE PRODUCT and any related documentation is
provided "as is" without warranty of any kind, either express or
implied, including, without limitation, the implied warranties or
merchantability, fitness for a particular purpose, or noninfringement.
The entire risk arising out of use or performance of the SOFTWARE
PRODUCT remains with you.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. In no event shall Microsoft or
its suppliers be liable for any damages whatsoever (including, without
limitation, damages for loss of business profits, business
interruption, loss of business information, or any other pecuniary
loss) arising out of the use of or inability to use this Microsoft
product, even if Microsoft has been advised of the possibility of such
damages. Because some states/jurisdictions do not allow the exclusion
or limitation of liability for consequential or incidental damages, the
above limitation may not apply to you.
MISCELLANEOUS
If you acquired this product in the United States, this EULA is
governed by the laws of the State of Washington.
If you acquired this product in Canada, this EULA is governed by the
laws of the Province of Ontario, Canada. Each of the parties hereto
irrevocably attorns to the jurisdiction of the courts of the Province
of Ontario and further agrees to commence any litigation which may
arise hereunder in the courts located in the Judicial District of York,
Province of Ontario.
If this product was acquired outside the United States, then local law
may apply.
Should you have any questions concerning this EULA, or if you desire to
contact Microsoft for any reason, please contact the Microsoft
subsidiary serving your country, or write: Microsoft Sales Information
Center/One Microsoft Way/Redmond, WA 98052-6399.
GARANTIE LIMITÉE
EXCLUSION DE GARANTIE. Microsoft exclut expressément toute garantie
relative au PRODUIT LOGICIEL. Le PRODUIT LOGICIEL et la documentation y
afférente sont fournis "en l'état", sans garantie d'aucune sorte,
expresse ou implicite, y compris, de manière limitative, sans aucune
garantie de qualité, d'adéquation à un usage particulier ou de
non-contrefaçon. Vous assumez l'ensemble des risques découlant de
l'utilisation ou des performances du PRODUIT LOGICIEL.
ABSENCE DE RESPONSABILITÉ POUR LES DOMMAGES INDIRECTS. Microsoft ou ses
fournisseurs ne pourront, en aucun cas, être tenus pour responsables
quelque dommage que ce soit (notamment, de manière non limitative, les
pertes de bénéfices, les interruptions d'activité, les pertes
d'informations commerciales ou d'autres pertes pécuniaires) résultant
de l'utilisation ou de l'impossibilité d'utiliser ce produit Microsoft,
alors même que Microsoft aurait été informée de la possibilité de tels
dommages. Certains pays ou certaines juridictions n'autorisent pas
l'exclusion ou la limitation de responsabilité pour les dommages
indirects, de sorte que la limitation ci-dessus peut ne pas vous être
applicable.
La présente Convention est régie par les lois de la province d'Ontario,
Canada. Chacune des parties à la présente reconnaît irrévocablement la
compétence des tribunaux de la province d'Ontario et consent à
instituer tout litige qui pourrait découler de la présente auprès des
tribunaux situés dans le district judiciaire de York, province
d'Ontario.
Au cas où vous auriez des questions concernant cette licence ou que
vous désiriez vous mettre en rapport avec Microsoft pour quelque raison
que ce soit, veuillez contacter la succursale Microsoft desservant
votre pays, dont l'adresse est fournie dans ce produit, ou écrivez à :
Microsoft Sales Information Center, One Microsoft Way, Redmond,
Washington 98052-6399.
END-USER LICENSE AGREEMENT FOR MICROSOFT SOFTWARE
Microsoft Java Virtual
Machine Removal Tool
PLEASE READ THIS END-USER LICENSE AGREEMENT (“EULA”)
CAREFULLY. BY INSTALLING OR USING THE SOFTWARE THAT
ACCOMPANIES THIS EULA (“Software”), YOU AGREE TO THE TERMS OF THIS
EULA. IF YOU DO NOT AGREE, DO NOT USE THE SOFTWARE.
1. GENERAL. This EULA is a
legal agreement between you (either an individual or a single entity)
and Microsoft Corporation (“Microsoft”). This EULA governs
the Software, which includes computer software (including online and
electronic documentation) and any associated media and printed
materials. This EULA applies to updates, supplements, and
add-on components of the Software that Microsoft may provide or make
available to you unless Microsoft provides other terms with the update,
supplement, or add-on component. This EULA also governs any
product support services relating to the Software except as may be
included in another agreement between you and Microsoft. An
amendment or addendum to this EULA may accompany the
Software.
NOTE: Microsoft will not be able to provide you with a copy of the
Microsoft Java Virtual Machine (“MSJVM”) if you decide you want to
reinstall the MSJVM after using the Software. If you no longer have the
media for the Microsoft software that includes the MSJVM, you may not
be able to get such media from Microsoft. Recipient agrees that
Microsoft has no obligation to provide Recipient the MSJVM for
installation purposes.
2. GRANT OF LICENSE. You may
install and use the Software on an unlimited number of computers,
including workstations, terminals or other digital electronic devices
(“Devices”), which are running validly licensed copies of a Windows
operating system.
3. RESERVATION OF RIGHTS; OTHER
RESTRICTIONS. The Software is protected by copyright and
other intellectual property laws and treaties. Microsoft or
its suppliers own the title, copyright, and other intellectual property
rights in the Software. The Software is licensed, not
sold. Microsoft reserves all rights not expressly granted to
you in this EULA. Reverse engineering, decompiling, or
disassembling the Software is prohibited, except and only to the extent
that such activity is expressly permitted by applicable law
notwithstanding this limitation. Renting, leasing, or lending
the Software (including providing commercial hosting services) is also
prohibited.
4. PRODUCT SUPPORT SERVICES
a. Rights
and Obligations. Microsoft may provide you with product
support services related to the Software. Use of any such
support services is governed by the Microsoft policies and programs
described in the user manual, in online documentation, on Microsoft's
support webpage, or in other Microsoft-provided materials.
Any software Microsoft may provide you as part of support services are
governed by this EULA, unless separate terms are provided.
This EULA does not obligate Microsoft to provide any support services
or to support any software provided as part of those services.
b.
Consent to Use of Data. You agree that Microsoft
and its affiliates may collect and use technical information gathered
as part of the support services provided to you, if any, related to the
Software. Microsoft may use this information solely to
improve our products or to provide customized services or technologies
to you and will not disclose this information in a form that personally
identifies you.
5. EXPORT RESTRICTIONS. You
acknowledge that the Software is subject to U.S. export
jurisdiction. You agree to comply with all applicable
international and national laws that apply to the Software, including
the U.S. Export Administration Regulations, as well as end-user,
end-use, and destination restrictions issued by U.S. and other
governments. For additional information see
<http://www.microsoft.com/exporting/>.
6. SOFTWARE TRANSFER. The
initial user of the Software may make a one-time permanent transfer of
this EULA and Software to another end user, provided the initial user
retains no copies of the Software. This transfer must include
all of the Software (including all component parts, the media and
printed materials, any upgrades, this EULA, and, if applicable, the
Certificate of Authenticity). The transfer may not be an
indirect transfer, such as a consignment. Prior to the
transfer, the end user receiving the Software must agree to
all the EULA terms.
7. TERMINATION. Without
prejudice to any other rights, Microsoft may terminate this EULA if you
are not in compliance with the terms and conditions of this
EULA. In such event, you must destroy all copies of the
Software and all of its component parts.
8. DISCLAIMER OF WARRANTIES. TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MICROSOFT AND ITS
SUPPLIERS PROVIDE THE SOFTWARE AND SUPPORT SERVICES (IF ANY) AS IS AND
WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND
CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT
LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF
MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF RELIABILITY OR
AVAILABILITY, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OF
WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE, ALL
WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE
SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT
THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE
SOFTWARE. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE,
QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR
NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.
9. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL
AND CERTAIN OTHER DAMAGES. To the maximum extent permitted by
applicable law, in no event shall Microsoft or its suppliers be liable
for any special, incidental, punitive, indirect, or consequential
damages whatsoever (including, but not limited to, damages for loss of
profits or confidential or other information, for business
interruption, for personal injury, for loss of privacy, for failure to
meet any duty including of good faith or of reasonable care, for
negligence, and for any other pecuniary or other loss whatsoever)
arising out of or in any way related to the use of or inability to use
the Software, the provision of or failure to provide Support OR OTHER
Services, informatIon, software, and related CONTENT through the
software or otherwise arising out of the use of the software, or
otherwise under or in connection with any provision of this EULA, even
in the event of the fault, tort (including negligence),
misrepresentation, strict liability, breach of contract or breach of
warranty of Microsoft or any supplier, and even if Microsoft or any
supplier has been advised of the possibility of such damages.
10. LIMITATION OF LIABILITY AND REMEDIES.
NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED
HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT OR ANYTHING ELSE),
THE ENTIRE LIABILITY OF MICROSOFT AND ANY OF ITS SUPPLIERS UNDER ANY
PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY HEREUNDER SHALL BE
LIMITED TO THE GREATER OF THE ACTUAL DAMAGES YOU INCUR IN REASONABLE
RELIANCE ON THE SOFTWARE UP TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE
SOFTWARE OR US$5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS
AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
11. U.S. GOVERNMENT LICENSE RIGHTS. All
Software provided to the U.S. Government pursuant to solicitations
issued on or after December 1, 1995 is provided with the commercial
license rights and restrictions described elsewhere herein.
All Software provided to the U.S. Government pursuant to solicitations
issued prior to December 1, 1995 is provided with “Restricted Rights”
as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR
252.227-7013 (OCT 1988), as applicable.
12. APPLICABLE LAW. If you
acquired this Software in the United States, this EULA is governed by
the laws of the State of Washington. If you acquired this
Software in Canada, unless expressly prohibited by local law, this EULA
is governed by the laws in force in the Province of Ontario, Canada;
and, in respect of any dispute which may arise hereunder, you consent
to the jurisdiction of the federal and provincial courts sitting in
Toronto, Ontario. If you acquired this Software in the Eurpean Union,
Iceland, Norway, or Switzerland, then local law applies. If
you acquired this Software in any other country, then local law may
apply.
13. ENTIRE AGREEMENT;
SEVERABILITY. This EULA (including any addendum or amendment
to this EULA which is included with the Software) are the entire
agreement between you and Microsoft relating to the Software and the
support services (if any) and they supersede all prior or
contemporaneous oral or written communications, proposals and
representations with respect to the Software or any other subject
matter covered by this EULA. To the extent the terms of any
Microsoft policies or programs for support services conflict with the
terms of this EULA, the terms of this EULA shall control. If
any provision of this EULA is held to be void, invalid, unenforceable
or illegal, the other provisions shall continue in full force and
effect.
Si vous avez acquis votre produit Microsoft au CANADA:
NOTE: Microsoft ne pourra vous fournir un exemplaire du
logiciel Microsoft Java Virtual Machine (MSJVM) si vous décidez que
vous désirez réinstaller le MSJVM après avoir utilisé le
produit. Si vous n'avez plus les média pour un logiciel
Microsoft qui comprend le MSJVM, il se peut que vous ne puissiez pas
obtenir ces média de Microsoft. Le récipiendaire accepte que Microsoft
n'a aucune obligation de fournir le MSJVM au récipiendaire pour fins
d'installation.
DÉNI DE GARANTIES. DANS LA MESURE MAXIMALE PERMISE PAR LES
LOIS APPLICABLES, LE LOGICIEL ET LES SERVICES DE SOUTIEN TECHNIQUE (LE
CAS ÉCHÉANT) SONT FOURNIS TELS QUELS ET AVEC TOUS LES DÉFAUTS PAR
MICROSOFT ET SES FOURNISSEURS, LESQUELS PAR LES PRÉSENTES DÉNIENT
TOUTES AUTRES GARANTIES ET CONDITIONS EXPRESSES, IMPLICITES OU EN VERTU
DE LA LOI, NOTAMMENT, MAIS SANS LIMITATION, (LE CAS ÉCHÉANT) LES
GARANTIES, DEVOIRS OU CONDITIONS IMPLICITES DE QUALITÉ MARCHANDE,
D'ADAPTATION À UNE FIN PARTICULIÈRE, DE FIABILITÉ OU DE
DISPONIBILITÉ, D'EXACTITUDE OU D'EXHAUSTIVITÉ DES RÉPONSES, DES
RÉSULTATS, DES EFFORTS DÉPLOYÉS SELON LES RÈGLES DE L'ART, D'ABSENCE DE
VIRUS ET D'ABSENCE DE NÉGLIGENCE, LE TOUT À L'ÉGARD DU LOGICIEL ET DE
LA PRESTATION OU DE L'OMISSION DE LA PRESTATION DES SERVICES
DE SOUTIEN TECHNIQUE OU À L'ÉGARD DE LA FOURNITURE OU DE L'OMISSION DE
LA FOURNITURE DE TOUS AUTRES SERVICES, RENSEIGNEMENTS, LOGICIELS, ET
CONTENU QUI S'Y RAPPORTE GRÂCE AU LOGICIEL OU PROVENANT
AUTREMENT DE L'UTILISATION DU LOGICIEL . PAR AILLEURS, IL N'Y A AUCUNE
GARANTIE OU CONDITION QUANT AU TITRE DE PROPRIÉTÉ, À LA JOUISSANCE OU
LA POSSESSION PAISIBLE, À LA CONCORDANCE À UNE DESCRIPTION NI QUANT À
UNE ABSENCE DE CONTREFAÇON CONCERNANT LE LOGICIEL.
EXCLUSION DES DOMMAGES ACCESSOIRES, INDIRECTS ET DE CERTAINS AUTRES
DOMMAGES. DANS LA MESURE MAXIMALE PERMISE PAR LES LOIS APPLICABLES, EN
AUCUN CAS MICROSOFT OU SES FOURNISSEURS NE SERONT RESPONSABLES DES
DOMMAGES SPÉCIAUX, CONSÉCUTIFS, ACCESSOIRES OU INDIRECTS DE QUELQUE
NATURE QUE CE SOIT (NOTAMMENT, LES DOMMAGES À L'ÉGARD DU MANQUE À
GAGNER OU DE LA DIVULGATION DE RENSEIGNEMENTS CONFIDENTIELS OU AUTRES,
DE LA PERTE D'EXPLOITATION, DE BLESSURES CORPORELLES, DE LA VIOLATION
DE LA VIE PRIVÉE, DE L'OMISSION DE REMPLIR TOUT DEVOIR, Y COMPRIS
D'AGIR DE BONNE FOI OU D'EXERCER UN SOIN RAISONNABLE, DE LA NÉGLIGENCE
ET DE TOUTE AUTRE PERTE PÉCUNIAIRE OU AUTRE PERTE DE QUELQUE NATURE QUE
CE SOIT) SE RAPPORTANT DE QUELQUE MANIÈRE QUE CE SOIT À L'UTILISATION
DU LOGICIEL OU À L'INCAPACITÉ DE S'EN SERVIR, À LA PRESTATION OU À
L'OMISSION DE LA PRESTATION DE SERVICES DE SOUTIEN TECHNIQUE OU À LA
FOURNITURE OU À L'OMISSION DE LA FOURNITURE DE TOUS AUTRES SERVICES,
RENSEIGNEMENTS, LOGICIELS, ET CONTENU QUI S'Y RAPPORTE GRÂCE
AU LOGICIEL OU PROVENANT AUTREMENT DE L'UTILISATION DU LOGICIEL OU
AUTREMENT AUX TERMES DE TOUTE DISPOSITION DE LA PRÉSENTE CONVENTION OU
RELATIVEMENT À UNE TELLE DISPOSITION, MÊME EN CAS DE FAUTE, DE DÉLIT
CIVIL (Y COMPRIS LA NÉGLIGENCE), DE RESPONSABILITÉ STRICTE, DE
VIOLATION DE CONTRAT OU DE VIOLATION DE GARANTIE DE MICROSOFT OU DE
TOUT FOURNISSEUR ET MÊME SI MICROSOFT OU TOUT FOURNISSEUR A ÉTÉ AVISÉ
DE LA POSSIBILITÉ DE TELS DOMMAGES.
LIMITATION DE RESPONSABILITÉ ET RECOURS. MALGRÉ LES DOMMAGES QUE VOUS
PUISSIEZ SUBIR POUR QUELQUE MOTIF QUE CE SOIT (NOTAMMENT, MAIS SANS
LIMITATION, TOUS LES DOMMAGES SUSMENTIONNÉS ET TOUS LES DOMMAGES
DIRECTS OU GÉNÉRAUX OU AUTRES), LA SEULE RESPONSABILITÉ DE MICROSOFT ET
DE L'UN OU L'AUTRE DE SES FOURNISSEURS AUX TERMES DE TOUTE DISPOSITION
DE LA PRÉSENTE CONVENTION ET VOTRE RECOURS EXCLUSIF À L'ÉGARD DE TOUT
CE QUI PRÉCÈDE SE LIMITE AU PLUS ÉLEVÉ ENTRE LES MONTANTS SUIVANTS : LE
MONTANT QUE VOUS AVEZ RÉELLEMENT PAYÉ POUR LE LOGICIEL OU 5,00 $US. LES
LIMITES, EXCLUSIONS ET DÉNIS QUI PRÉCÈDENT (Y COMPRIS LES CLAUSES
CI-DESSUS), S'APPLIQUENT DANS LA MESURE MAXIMALE PERMISE PAR LES LOIS
APPLICABLES, MÊME SI TOUT RECOURS N'ATTEINT PAS SON BUT ESSENTIEL.
À moins que cela ne soit prohibé par le droit local applicable, la
présente Convention est régie par les lois de la province d'Ontario,
Canada. Vous consentez à la compétence des tribunaux fédéraux et
provinciaux siégeant à Toronto, dans la province d'Ontario.
Au cas où vous auriez des questions concernant cette licence ou que
vous désiriez vous mettre en rapport avec Microsoft pour quelque raison
que ce soit, veuillez utiliser l'information contenue dans le Logiciel
pour contacter la filiale de Microsoft desservant votre pays, ou
visitez Microsoft sur le World Wide Web à
<http://www.microsoft.com>.