Introduction
Thank you for visiting the American Airlines web site titled "AA.com" (the "Site"). In return for gaining access to the Site and using it, you agree to be bound by the following Agreement without limitation or qualification, so please carefully review this Agreement before proceeding. If you do not intend to be legally bound by these terms and conditions, do not access and use the Site. American Airlines reserves the right to change this Agreement and to make changes to any of the products or programs described in the Site at any time without notice or liability. Any such revisions are prospectively binding on you and therefore you should periodically visit this page when you use the Site to review the then current Agreement that binds you. American Airlines also reserves the right in its sole and unfettered discretion to deny you access to the Site at any time. American Airlines enters into agreements with third parties from time to time to provide our customers with the opportunity to obtain special services, products or prices offered by the third party. You will not be deemed to be violating this agreement when acting in accordance with the terms and conditions of any such program. Likewise, the terms and conditions in this agreement will be considered broadened to the extent needed to permit such third parties to operate within the terms of a written agreement they have entered into with us. The titles in this Agreement are provided only for your convenience and are not to be used in interpreting the Agreement.
Intellectual property notifications
Unless otherwise noted, all information, AAdvantage account information, articles, data, images, passwords, Personal Identification Numbers ("PINs"), screens, text, user names, web pages, or other materials (collectively "Content") appearing on the Site are the exclusive property of AMR Corporation or American Airlines, Inc., or their subsidiaries and affiliates:
A. All information, products, services and software contained on or used in the Site ("Content") is Copyright 2003 by American Airlines, Inc. All rights reserved. Please assume that everything you see or read on the Site is copyrighted to, or used with permission by, American Airlines unless otherwise noted.
B. The trademarks, logos, service marks, and trade dress (collectively the "Trademarks") displayed on the Site are registered and unregistered Trademarks of American Airlines, Inc. or others.
C. Images of people, objects, or places displayed on the Site are either the property of, or used with permission by American Airlines, Inc., American Eagle Airlines, Inc., AMR Corporation, AMR Training Group, TWA Airlines LLC or AMR Investment Services.
D. American Airlines owns or uses by permission all software contained on the Site, including without limitation all HTML code and Active X controls. Copyright and other laws and international treaty provisions protect this software. The law expressly prohibits any modification, redistribution, or reproduction of the software, and such actions could result in severe civil and criminal penalties. American Airlines will seek and support prosecuting violators to the maximum extent possible.
E. You may not copy, display, distribute, download, license, modify, publish, re-post, reproduce, reuse, sell, transmit, use to create a derivative work, or otherwise use the content of the Site for public or commercial purposes. Nothing on the Site shall be construed to confer any grant or license of any intellectual property rights, whether by estoppel, by implication, or otherwise.
F. For additional information regarding American's intellectual property, please click on the "Copyright" link at the bottom of any page.
Your representations and warranties
By using the Site, you represent and warrant that you are 18 years of age or older and possess the legal right and ability to enter into this Agreement and to use the Site in accordance with all of the terms and conditions of this Agreement. You accept financial responsibility for all use of the Site under your name or account, including without limitation all uses of your account by others, including minors living with you. You may allow other members of your household to use the Site under your name or account only if you agree to pay all charges that they incur and to be responsible for all other aspects of their usage. You further agree to supervise all minors who use the Site under your name or account. You agree not to assign, transfer, or sublicense your rights pursuant to this Agreement.
Your indemnity obligation
You agree to indemnify, defend, and hold harmless American Airlines and its affiliates from and against any and all claims, demands, proceedings, suits and actions, including any related liabilities, obligations, losses, damages, deficiencies, penalties, taxes, levies, fines, judgments, settlements, expenses (including legal and accountants' fees and disbursements) and costs (collectively, "Claims"), based on, arising out of or resulting from your use of the Site, including without limitation any Claims alleging facts that if true would constitute your breach of this Agreement.
Limitations on your use
American Airlines provides the Site solely to permit you to determine the availability of goods and services offered on the Site and to make legitimate reservations or otherwise transact business with American Airlines, and for no other purposes. The Site is for your personal, non-commercial use. You agree that you will use the Site's services only to make legitimate reservations or purchases for you or for another person for whom you are authorized to act both legally and under the terms of this Agreement.
You agree that without limitation you shall not make any false reservation or any reservation in anticipation of demand. If American Airlines determines that you have confirmed multiple reservations to one or more destination on or about the same date, American Airlines may without notice cancel all confirmed space associated with the multiple reservations. You agree to abide by the terms and conditions of purchase American Airlines imposes including, but not limited to, payment of all amounts when due and compliance with all rules regarding availability of fares, products, or services. You are completely responsible for all assessments, charges, duties, fees, and taxes arising out of your use of the Site.
Your account information is owned by and proprietary to American Airlines. While you may access your account information through the Site, you may not give access to your account to any person or entity other than a member of your household or a person that you directly supervise as part of your career or employment. You may not give access to your account to any third party on-line service, including, but not limited to any mileage management service, mileage tracking service, or mileage aggregation service.
You must access your account information directly through the Site and not through a third party web site, including but not limited to any mileage management service, mileage tracking service, or mileage aggregation service. You also violate this Agreement if you enable an AAdvantage member to access account information without visiting the Site.
You agree that you will not Misuse the Site. "Misuse" includes, but is not limited to, using the Site to do any of the following:
A. Distribute, disseminate, post, or publish any information or material that degrades, embarrasses, harasses, humiliates, intimidates, or threatens any individual or group of individuals on the basis of their age, ancestry, color, ethnicity, marital status, medical condition, mental or physical disability, national origin, race, sex, sexual orientation, union or nonunion affiliation, or any other basis protected by federal, state, or local law or ordinance.
B. Abuse, defame, harass, stalk, threaten, or otherwise violate others' legal rights, including but not limited to rights of privacy and publicity.
C. Download or upload files that may damage the operation of another's computer, such as computer viruses, corrupt files, or similar software.
D. Download or upload files that contain materials, including but not limited to software that violate the intellectual property, privacy, or publicity rights of others unless you own, control, or have been authorized to exercise such rights.
E. Misrepresent or omit the origin or source of any file you download or upload.
F. Download or upload files that do not contain the posted proprietary language, author attributions, and/or copyright, patent, or trademark notices.
G. Distribute, disseminate, post, or publish any indecent, infringing, obscene, or unlawful information or material.
H. Engage in any commercial purpose including but not limited to:
1) Advertising or offering to sell any goods or services.
2) Conducting contests or surveys.
3) Distributing chain letters, or advertising with respect to any Ponzi scheme or pyramid scheme.
4) Advertising or offering to sell any business opportunities, direct sales opportunities, employment, independent contractor positions, multi-level marketing opportunities, or securities.
I. Post, send, or otherwise disclose confidential information, trade secrets, or other confidential and/or protected proprietary data of any entity or person, including but not limited to AMR Corporation, American Airlines, Inc., American Eagle Airlines, Inc., AMR Investment Services, AMR Training Group or TWA Airlines LLC, or any of their affiliates.
J. Download or upload files that you know, or reasonably should know, cannot be legally distributed through the Site.
K. Upload, download, or otherwise export or re-export software from the Site: (1) to a national or resident of or into any country the U.S. has embargoed, including without limitation, Cuba, Iran, Iraq, Libya, North Korea, Syria, or Yugoslavia; (2) to anyone on the U.S. Treasury Department's Specially Designated Nationals list, or (3) to anyone on the U.S. Commerce Department's Table of Denial Orders.
L. Copy or create derivative works from, display, distribute, license, perform, publish, recreate, reproduce, sell, transfer, or transmit any information, products, services, or software obtained by, from, or through the Site.
M. Monitor or copy any Content by using any manual process, or any robot, spider, or other automatic device, without first obtaining American Airlines' prior written consent.
N. Act as an agent or attorney in fact for any person who is not:
1) A member of your immediate household; or
2) Your direct supervisor at your place of employment.
O. Take any action that will or could impose an unreasonable or disproportionately large load on our site infrastructure.
P. Act as a mileage management service, mileage tracking service or mileage aggregation service for any AAdvantage member.
Q. Access information about any AAdvantage member protected by site log-in and post it on any other web site, with or without that AAdvantage member's consent.
R. Utilize an AAdvantage member's password or personal identification number during log-in, unless you are:
1. The AAdvantage member to whom that password or personal identification number is assigned (the "Authorized AAdvantage member");
2. A family member of the Authorized AAdvantage Member, acting with the Authorized AAdvantage Member's permission; or
3. An employee of the Authorized AAdvantage Member's employer, acting with the Authorized AAdvantage Member's permission.
S. Engage in any other conduct that is, or that American Airlines deems to be, in conflict with this Agreement.
American Airlines forbids such Misuses, and access of the Site for any such Misuses or other similar purposes is an unauthorized use of the Site.
No warranty by American Airlines
The Content may contain inaccuracies and/or typographical errors. American Airlines may alter, change or improve the Content at any time and without notice. American Airlines makes no representations or warranties as to the Content's completeness or accuracy, and makes no commitment to update the Content. American Airlines makes no representations about the Content's suitability for any purpose.
YOU USE THE SITE AT YOUR OWN RISK. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF EXPECTATION OF PRIVACY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT OR TITLE. IN NO EVENT SHALL AMERICAN AIRLINES OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF OR INABILITY TO USE THE SITE OR FOR ANY OF THE CONTENT OBTAINED THROUGH OR OTHERWISE IN CONNECTION WITH THE SITE, IN EACH CASE REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER AMERICAN AIRLINES WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
American Airlines neither warrants nor represents that your use of information and material on the Site will not infringe upon the intellectual property rights of third parties. American Airlines shall not be liable for any virus or other damage to your computer equipment or other property due to your accessing, browsing, or using the Site or due to your downloading any audio, data, images, materials, pictures, text or video from the Site.
Because American Airlines provides services and products in many parts of the world, the Site may refer to certain goods, products, and/or services that are not available in your area. A reference to goods, products, and/or services without limiting their geographic scope does not imply that American Airlines offers or intends to offer those goods, products, and/or services in all locations.
Use of information you provide American Airlines
Consistent with the American Airlines privacy policy, we ask you to provide us with certain information when you purchase travel or when you take advantage of certain personalized services. You agree that when you provide such information, the information will be accurate. Under no circumstances will you provide false or misleading information. We agree to use this information in a manner consistent with our privacy policy. To review our privacy policy, please click on the "Privacy Policy" link at the bottom of any page.
For use of certain services, we may provide you with a pass code. This pass code is proprietary to and the property of American Airlines. However, you must take precautions to insure the security of your pass code. American Airlines assumes no responsibility for and will not be liable in the event that another person learns your pass code or uses your pass code to cause damage to you.
While American Airlines takes reasonable steps to safeguard and to prevent unauthorized access to your private information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL AMERICAN AIRLINES OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER AMERICAN AIRLINES WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
No offer to sell or buy securities
The information on the Site does not constitute an offer to sell, or the solicitation of an offer to buy any securities and must not be relied upon in connection with any investment decision.
Links to other sites and to the Site
The Site may provide hyperlinks or references to other sites. While American Airlines endeavors to provide links only to sites that are reputable and safe, we take no responsibility for the information, products, or services obtained on such other sites and will not be liable for any damages arising from your access to such sites. American Airlines provides any such links to other sites merely for your convenience and our inclusion of such links and frames in the Site does not imply an endorsement of the linked or framed sites, their content, or the persons or entities operating those sites. Therefore, you assume sole responsibility for using links or pointers to third parties.
American Airlines specifically denies you permission to hyperlink or provide references to the Site, unless you are allowed to do so under a separate written agreement with American Airlines. You are also denied permission to use any trademarked or copyrighted material to provide such hyperlinks or references, unless you are allowed to do so under a separate written agreement with American Airlines. American Airlines bears no responsibility for sites that provide hyperlinks or references to the Site unless those sites are operated by American Airlines.
Your communication with us
American Airlines will not treat as confidential any communications you send to us by electronic mail or otherwise. American Airlines has no obligation to refrain from publishing, reproducing, or otherwise using your communications in any way and for any purpose.
American Airlines does not accept or consider unsolicited proposals related to its business, including but not limited to proposals for advertising campaigns, logos, names, processes, products, promotions, services, slogans, and technologies. American Airlines therefore requests that you not send such proposals. Please also refrain from sending original creative artwork, blueprints, demonstratives, designs, layouts, photographs, or samples. American Airlines has adopted this policy to prevent claims that we have copied such unsolicited ideas without authorization, when, in fact, we developed the idea independent of or even long before receiving the unsolicited proposal. If you do send us unsolicited proposals, then do so with the understanding that American Airlines may use any concepts, ideas, inventions, know-how, or techniques that you disclose in those communications for any purpose, including the developing, manufacturing, and/or marketing of goods, products, or services. American Airlines may do so free of any obligation to compensate you for that use.
Comparison monitoring of on-line chats or telephone conversations with American Airlines
The Site may provide you the ability to have an on-line chat session with American Airlines or with information as to how you can contact American Airlines by telephone. You may use these functions only for business purposes related to the Site. For quality assurance purposes, American Airlines may monitor, record, and/or transcribe the contents of these communications. By contacting American Airlines, you agree that the communication may be monitored, recorded, and/or transcribed and you consent to the monitoring, recording, and/or transcribing. Such records may be kept indefinitely or disposed of at our discretion.
Your use of Forums
You agree to use any bulletin boards, chat rooms, conferences, or other communication or message facilities ("Forums") contained on the Site only to send and receive material and messages that are proper and related to the particular Forum. You further agree that you will use the Forums in conformity with all applicable laws and this Agreement. You agree that you will not Misuse a Forum.
American Airlines reserves the right to remove at will and without notice any Content on the Site, including anything you post in a Forum. You understand that any use by you of a Forum constitutes a public communication. You understand that American Airlines owns any and all information or material that you post on a Forum. You agree that you waive all of the rights you have to any information or material that you post on a Forum. American Airlines has the right to do whatever it wishes with that information or material, including but not limited to deleting or editing for any reason any posting by you. You further acknowledge that American Airlines does not endorse or sponsor any information or material posted by Forum users, and that American Airlines has no responsibility to approve, review, or screen such information or material.
Forum for actions, governing law, and procedural restrictions
You agree that this Agreement is made and entered into in Tarrant County, Texas. You agree that Texas law governs this Agreement's interpretation and/or any dispute arising from your access to, dealings with, or use of the Site, without regard to conflicts of law principles. Any lawsuit brought by you related to your access to, dealings with, or use of the Site must be brought in the state or federal courts of Tarrant County, Texas. You agree and understand that you will not bring against AMR Corporation, American Airlines, or any of its affiliated entities, agents, directors, employees, and/or officers any class action lawsuit related to your access to, dealings with, or use of the Site.
Other terms
This Agreement constitutes the entire agreement governing your access to, dealings with, and use of the Site. Of course, separate agreements may attach to any goods, products, or services you obtain, purchase, or use from the Site. In the case of a conflict between this Agreement and any agreement specific to any goods, products, or services that you obtain, purchase, or use from the Site, the terms of the specific agreement shall govern.
Any failure of American Airlines to assert any rights it may have under this Agreement does not constitute a waiver of our right to assert the same or any other right at any other time or against any other person or entity. If any provision of this Agreement is found to be invalid or unenforceable, then the invalid or unenforceable provision will be stricken from this Agreement without affecting the validity or enforceability of any other provision.
Friday, July 03, 2009
Thursday, February 05, 2009
Adding up the first colum of wc output (only java files)
#!/usr/bin/perl
use strict;
my $total = 0;javascript:void(0)
my $count = 0;
while (<>) {
if ( m/\.java$/)
{
$count++;
chomp;
my ($lines,$dum1, $dum2, $fname) = split(' ', $_, 5);
$total += $lines;
print sprintf("%6d %10d %s\n", $lines, $total, $fname);
}
}
print "-----------------------\n";
print sprintf("%6s %10d %s\n", " ",$total, "Total");
print sprintf("%6s %10d %s\n", " ",$count, "Count");
use strict;
my $total = 0;javascript:void(0)
my $count = 0;
while (<>) {
if ( m/\.java$/)
{
$count++;
chomp;
my ($lines,$dum1, $dum2, $fname) = split(' ', $_, 5);
$total += $lines;
print sprintf("%6d %10d %s\n", $lines, $total, $fname);
}
}
print "-----------------------\n";
print sprintf("%6s %10d %s\n", " ",$total, "Total");
print sprintf("%6s %10d %s\n", " ",$count, "Count");
Monday, November 24, 2008
VMWare Player
http://www.vmware.com/download/eula/player_download.html
VMware Player
VMWARE MASTER END USER LICENSE AGREEMENT
NOTICE: BY DOWNLOADING AND INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS VMWARE MASTER END USER LICENSE AGREEMENT ("EULA"). IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU MAY NOT DOWNLOAD, INSTALL, COPY OR USE THE SOFTWARE, AND YOU MAY RETURN THE UNUSED SOFTWARE TO THE VENDOR FROM WHICH YOU ACQUIRED IT WITHIN THIRTY (30) DAYS AND REQUEST A REFUND OF THE LICENSE FEE, IF ANY, ALREADY PAID UPON SHOWING PROOF OF PAYMENT. "YOU" MEANS THE NATURAL PERSON OR THE ENTITY THAT IS AGREEING TO BE BOUND BY THIS EULA, THEIR EMPLOYEES AND THIRD PARTY CONTRACTORS THAT PROVIDE SERVICES TO YOU. YOU SHALL BE LIABLE FOR ANY FAILURE BY SUCH EMPLOYEES AND THIRD PARTY CONTRACTORS TO COMPLY WITH THE TERMS OF THIS AGREEMENT.
1. DEFINITIONS
1.1 "Designated Administrative Access" means that access to the standard user interfaces of a given instance of the Software (designated in this section) that you may grant to a designated third party (a) for which you have provided advance written notice to VMware that you are providing outsourced services and (b) for whose dedicated benefit you have licensed such instance of the Software. Designated Administrative Access is applicable only where you are
1) an IT outsourcing company that is providing outsourced IT services to a client company and
2) applicable only to the following Software: ESX Server, VMware Server and VirtualCenter.
1.2 "GPL Software" means GPL software licensed to you under the GNU General Public License as published by the Free Software Foundation (GPL). A copy of the GPL is included on the media on which you received the Software or included in the files you downloaded, if you acquired the Software by electronic download.
1.3 "Guest Operating Systems" means instances of third-party operating systems licensed by you and installed in a Virtual Machine and run using the Software.
1.4 "Licensed Additional Module" means additional modules that may be provided with and/or used in conjunction with the Software for which you have paid the applicable license fee and accepted any applicable additional license terms.
1.5 "Open Source Software" means various open source software components licensed under the terms of applicable open source license agreements included in the materials relating to such software. Open Source Software is composed of individual software components, each of which has its own copyright and its own applicable license conditions. The Open Source Software licenses can be found in the open_source_licenses.txt file, other materials accompanying the software package, the documentation or corresponding source files available at www.vmware.com/download/open_source.html.
1.6 "Processor" means a single, physical chip that houses no more than four (4) processor cores.
1.7 "Sample Programs" means sample client management programs or scripts that may be distributed with the Software.
1.8 "Server" means a single physical computer of a type that meets the specifications as set forth in the applicable product documentation posted at www.vmware.com/support/pubs/. Multiple computers that share processing power or operate in a networked configuration as a single logical computer, such as a "server farm" or similar arrangement, constitute multiple Servers for the purpose of this EULA.
1.9 "Software" means software products that are licensed to you under this EULA, including, but not limited to, any related components purchased or provided with the Software, application programming interfaces, associated media, printed materials, online or electronic documentation, and any updates and maintenance releases thereto.
1.10 "Software License Key" means, if applicable, a serial number issued to you by VMware to activate and use the Software. A separate, additional Software License Key may be required to activate and use each Licensed Additional Module.
1.11 "VMware Tools" means a suite of utilities and drivers that may enhance the performance and functionality of your Guest Operating System. VMware Tools may include some or all of the following, depending on your Guest Operating System: an SVGA driver, a mouse driver, the VMware Tools control panel and support for features such as shared folders, drag and drop in Windows guests, shrinking virtual disks, time synchronization with the host, VMware Tools scripts, and connection and disconnection of devices while the virtual machine is running.
1.12 "Virtual Machine" means an instance of a Guest Operating System and any application programs installed thereon, running on a computing device on which the Software is installed, or suspended to disk or any other storage media accessible by the computing device.
2. EVALUATION LICENSES
2.1 General. If available, the Software and each Licensed
Additional Module may be activated with no-cost evaluation Software License Key(s). You acknowledge that Evaluation Software License Keys have an expiration date ("Expiration Date") and that VMware is not obligated to permit further use of the Software.
2.2 Evaluation License. If you activate the Software or any Licensed Additional Module with an evaluation Software License Key
("Evaluation Product") you may use the Evaluation Product until the Expiration Date only to evaluate the suitability of the Evaluation Product for licensing on a for-fee basis. You may acquire evaluation Software License Key(s) for Licensed Additional Modules. In such case, the Licensed Additional Modules are licensed to you subject to the terms of this "EVALUATION LICENSES" section.
2.3 Evaluation Product Warranty Disclaimer. During the use of the Evaluation Product, the limited 90-day warranty referenced in Section 7.1 below is not applicable to you. THE EVALUATION PRODUCT is provided to you "as is" without warranty of any kind, whether express, implied, statutory, or otherwise. VMWARE AND ITS LICENSORS BEAR NO LIABILITY FOR ANY DAMAGES RESULTING FROM USE (OR ATTEMPTED USE) OF THE EVALUATION PRODUCT THROUGH AND AFTER THE EXPIRATION DATE.
2.4 No Support. VMware has no duty to provide support to you during your use of the Evaluation Product.
3. GRANT AND USE RIGHTS FOR SOFTWARE.
3.1 License. The Software is licensed, not sold. Subject to the terms of this EULA, VMware hereby grants you a non-exclusive, non-transferable license, without rights to sublicense, to use the object code of the Software for the purpose as set forth in the applicable documentation for the Software and to the extent permitted by your payment of applicable license fees, if any, under a VMware approved licensing model and/or your Software License Key subject to the software product specific terms specified in this EULA, the technical restrictions of the Software and/or any additional licensing terms specified by VMware via product documentation, notification and/or policy change posted at www.vmware.com. Your use of the Software is limited to the country where you’ve been invoiced for purchase of the Software. However, if you’ve been invoiced within any of the European Union member states, you may deploy the Software in any of the member states without restriction, subject to the terms of the approved licensing model and the terms of this EULA. Depending upon the model utilized to compute the applicable license fees paid by you to use the Software (whether per Processor, per Virtual Machine, per user, or any other VMware approved licensing model), an applicable Software License Key may limit your usage of the Software accordingly. You may use the documentation accompanying the Software in connection with permitted uses of the Software. If the Software is a version that you have converted or exchanged from a valid licensed prior version, you agree that by using the Software you will no longer use the prior version. VMware reserves the right to require the certification of the destruction of such previous version of the Software.
3.2 License Limitations. You may not copy the Software except for a reasonable number of machine-readable copies of the Software for backup or archival purposes and except as expressly permitted in this EULA. You may not remove any titles, trademarks or trade names, copyright notices, legends, or other proprietary markings on the Software. You are not granted any rights to any trademarks or service marks of VMware. VMware retains all rights not expressly granted to you in this EULA.
3.3 Restrictions. You may not (i) sell, lease, license, sublicense, distribute or otherwise transfer in whole or in part the Software or the Software License Key to another party; (ii) provide, disclose, divulge or make available to, or permit use of the Software in whole or in part by, any third party (except Designated Administrative Access) without VMware’s prior written consent; (iii) modify or create derivative works based upon the Software; or (iv) create, develop, license, install, use, or deploy any third party software or services to circumvent, enable, modify or provide access, permissions or rights which violate the technical restrictions of the Software, any additional licensing terms provided by VMware via product documentation, notification, and/or policy change posted at www.vmware.com, and the terms of this EULA. Except to the extent expressly permitted by applicable law, and to the extent that VMware is not permitted by that applicable law to exclude or limit the following rights, you may not decompile, disassemble, reverse engineer, or otherwise attempt to derive source code from the Software, in whole or in part. Before you exercise any rights that you believe to be entitled to based on mandatory law, you shall provide VMware with 30 days prior written notice at info@vmware.com and provide all reasonably requested information to allow VMware to assess your claim and, at VMware's sole discretion, to provide alternatives that reduce any adverse impact on VMware’s intellectual property or other rights. You may use the Software to conduct internal performance testing and benchmarking studies, the results of which you (and not unauthorized third parties) may publish or publicly disseminate; provided that VMware has reviewed and approved of the methodology, assumptions and other parameters of the study. Please contact VMware at benchmark@vmware.com to request such review.
3.4 GPL Software. You can redistribute and/or modify the GPL Software under the terms of the GPL. You may obtain a copy of the source code corresponding to the binaries for the GPL Software (the "GPL Source Files") by downloading the GPL Source Files from VMware’s Web site at www.vmware.com/download/open_source.html, or by sending a request, with your name and address, to VMware at the address specified under the heading
"Contact Information" below, in which case VMware will mail a copy of the GPL Source Files to you on a CD or equivalent physical medium. This offer to obtain a copy of the GPL Source Files is valid for three years from the date you acquired this Software product.
3.5 VMware Tools. You may distribute the VMware Tools to any third party provided that (i) you do not modify the VMware Tools; (ii) you distribute the VMware Tools in object code format only and solely in conjunction with, and as part of, the Virtual Machine you create with the
Software; (iii) you do not use VMware’s name, logo or trademarks to market the Virtual Machine you create with the Software and (iv) you agree to indemnify, hold harmless, and defend VMware from and against any claims or lawsuits, including attorneys’ fees, that arise or result from the use or distribution of the Virtual Machine you create. Notwithstanding the foregoing, you may refer to VMware names, logos or trademarks to indicate that the Virtual Machine you create with the Software are compatible with or designed for use with the Software.
3.6 Licenses required for third-party software. The Software enables you to run multiple instances of third-party guest operating systems and application programs. You are responsible for obtaining and complying with any licenses necessary to operate any such third-party software, including Guest Operating Systems and/or application programs.
3.7 Sample Programs. The Software may include Sample Programs. You may use and distribute Sample Programs under the terms set forth in the applicable Sample Programs files. VMware does not provide support services for Sample Programs.
3.8 VMware License Programs. VMware makes available VMware License programs (for e.g., VMware Academic License). If you have received the Software pursuant to these VMware License programs, the then-current terms and conditions posted on www.vmware.com/download/eula/vmtn.html for that program shall apply for use of the products under such VMware License programs.
3.9 Audit Rights. You will maintain accurate records as to your use of the Software as authorized by this EULA, for at least two (2) years from the last day on which support and subscription services ("Services") expired for the applicable Software. VMware, or persons designated by VMware, will, at any time during the period when you are obliged to maintain such records, be entitled to inspect such records and your computing devices, in order to verify that the Software is used by you in accordance with the terms of this EULA and that you have paid the applicable license fees and Services fees for the Software; provided that VMware may conduct no more than one (1) audit in any twelve (12) month period. You shall promptly pay to VMware any underpayments revealed by any such audit. Any such audit will be performed at VMware’s expense during normal business hours, provided that you shall promptly reimburse VMware for the cost of such audit and any applicable fees if such audit reveals an underpayment by you of more than five percent (5%) of the amounts payable by you to VMware for the period audited.
4. TITLE. VMware retains all right, title, and interest in and to the Software and the Software License Key and in all related copyrights, trade secrets, patents, trademarks, and any other intellectual and industrial property and proprietary rights, including registrations, applications, renewals, and extensions of such rights.
5. SUPPORT AND SUBSCRIPTION SERVICES NOT INCLUDED
VMware will not provide any support services under this EULA. This EULA does not give you any rights to any updates or upgrades to the Software or to any extensions or enhancements to the Software developed by VMware at any time in the future. VMware may offer support and subscription services separately. If you have purchased VMware support and subscription services with the Software, these services are provided to you under the Support Contract Terms and Conditions posted on VMware’s Web site at www.vmware.com/support/ and by accepting the terms of this EULA you are accepting these Support Contract Terms and Conditions. Any supplemental software code or related materials that VMware provides to you as part of any support and subscription services are to be considered part of the Software and are subject to the terms and conditions of this EULA. VMware may use any technical information you provide to VMware for any VMware business purposes without restriction, including for product support and development. VMware will not use information in a form that personally identifies you.
6. TERMINATION
6.1 Termination. VMware may terminate this EULA immediately and without notice if you fail to comply with any term of this EULA.
6.2 Effect of Termination. In the event of termination, you must destroy all copies of the Software and Software License Key. In addition you must remove all copies of the Software, including all backup copies, from the Server and all computers and terminals on which it is installed. From time to time, VMware may change the terms of this EULA. VMware will notify you of such change. Your continued use of the Software will indicate your agreement to the change.
7. LIMITED WARRANTY AND LIMITATION OF LIABILITY
7.1 Limited Warranty. VMware warrants that the media, if any, on which the Software is delivered will be free of defects and that the Software will substantially conform to the description contained in the applicable end user documentation with respect to the particular Software licensed under this EULA in each case for a period of 90 days after the date of shipment of the Software License Key to you ("Warranty Period"). If during the Warranty Period the media is defective and the version of that Software is still commercially available, your sole remedy will be that VMware shall, at its option, repair or replace the defective media returned to VMware within the Warranty Period. If you are returning a defective media, please email VMware at sales@vmware.com to request a Return Authorization number (RMA) and further instructions. If during the Warranty Period the Software does not substantially conform to the description contained in the applicable end user documentation, your sole remedy will be that VMware shall, at it option, correct the defects in the Software or refund the license fees you paid, if any, related to the Software provided that (a) the Software has been properly installed and used at all times and in accordance with the instructions in the applicable end user documentation; (b) no modification, alteration or addition has been made to the Software product by persons other than VMware or VMware’s authorized representative; and (c) VMware receives written notice of the non-conformity within ninety (90) days following shipment. EXCEPT FOR THE PRECEDING EXPRESS LIMITED
WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, VMWARE AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS EULA OR COMMUNICATION WITH YOU, AND VMWARE AND ITS LICENSORS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
7.2 LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, IN NO EVENT WILL VMWARE AND ITS LICENSORS BE LIABLE FOR ANY LOST PROFITS OR BUSINESS OPPORTUNITIES, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE PRECEDING LIMITATION MAY NOT APPLY TO YOU. VMWARE AND ITS LICENSORS’ LIABILITY UNDER THIS EULA WILL NOT, IN ANY EVENT, EXCEED THE LICENSE FEES, IF ANY, PAID BY YOU FOR THE SOFTWARE LICENSED TO YOU UNDER THIS EULA. THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF WHETHER VMWARE OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
8. GENERAL
8.1 Entire Agreement. This Agreement sets forth VMware’s entire liability and your exclusive remedy with respect to the Software and supersedes the terms of any purchase orders and any other communications or advertising with respect to the Software. You acknowledge that this Agreement is a complete statement of the agreement between you and VMware with respect to the Software, and that there are no other prior or contemporaneous understandings, promises, representations, or descriptions with respect to the Software.
8.2 Headings. Headings under this EULA are intended only for convenience and shall not affect the interpretation of this EULA.
8.3 Waiver and Modification. No failure of either party to exercise or enforce any of its rights under this EULA will act as a waiver of those rights. This EULA may only be modified, or any rights under it waived, by a written document executed by the party against which it is asserted.
8.4 Severability. If any provision of this EULA is found illegal or unenforceable, it will be enforced to the maximum extent permissible, and the legality and enforceability of the other provisions of this EULA will not be affected.
8.5 Governing Law. This EULA will be governed by California law and the United States of America, without regard to its choice of law principles. The United Nations Convention for the International Sale of Goods shall not apply.
8.6 Government Restrictions. You may not export or re-export the Software except in compliance with the United States Export Administration Act and the related rules and regulations and similar non-U.S. government restrictions, if applicable. The Software and accompanying documentation are deemed to be "commercial computer software" and "commercial computer software documentation," respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212(b), as applicable. Any use, modification, reproduction, release, performing, displaying, or disclosing of the Software by the U.S. Government shall be governed solely by the terms of this EULA.
8.7 Contact Information. If you have any questions about this EULA, or if you want to contact VMware for any reason, please direct all correspondence to:
VMware, Inc.,
3401 Hillview Avenue,
Palo Alto, CA 94304, United States of America or email info@vmware.com.
8.8 Other. VMware and VMTN are trademarks and/or registered trademarks of VMware, Inc. in the United States and/or various jurisdictions.
9. SOFTWARE PRODUCT SPECIFIC TERMS AND CONDITIONS
In addition to the above, the following Software products shall also be subject to the following terms and conditions set forth below. In the event of any conflict between the following product-specific terms and conditions and the preceding sections, the product-specific terms and conditions shall control.
9.1 Player
(a) Additional License Terms:
VMware grants you a nonexclusive, nontransferable license, without rights to sublicense, to (i) use the Software solely for your own internal information processing services and computing needs in connection with permitted uses of the Software on a single computer; (ii) use the documentation accompanying the Software. Subject to the above, each copy of the Software may not be used by any other person, whether or not such person is employed by or otherwise associated with your entity. You may not share or use concurrently the Software.
VMware Player is intended for your own personal non-commercial use only. Player is only distributable with written agreement from VMware. Requests for a distribution agreement should be sent to player_distribution@vmware.com. Redistribution includes posting, packaging, bundling, or otherwise making available for use either within your organization or externally to 3rd party users.
(b) ACE Client License
Additional Definitions:
"ACE Client License" means an individual or volume license key that grants you the rights to install and use ACE virtual machines on a specified number of devices for which you have paid the applicable license fee.
"ACE virtual machine" means a package of Software including a virtual machine, ACE policy file, configuration files, and a virtual runtime created by using the ACE packaging features of Workstation.
Additional License Terms:
VMware grants you a nonexclusive license, without rights to sublicense, to (i) install ACE virtual machines on any devices provided that the total number of devices installed with ACE virtual machines does not exceed the number of devices for which you have paid the applicable license fee; (ii) use ACE virtual machines installed on those devices provided those devices have an ACE Client License; (iii) use ACE virtual machine installed on a portable media device, which has an ACE Client License, from any host machine regardless of that host machine’s licensing status; (iv) permanently reassign the ACE Client License from one device to another provided that the total number of devices using ACE virtual machines does not exceed the number of devices for which you have paid the applicable license fee.
Additional Restrictions on ACE Evaluation Licenses. Subject to the terms herein, evaluation Software License Keys are provided solely to internally evaluate the suitability of the Evaluation Product for licensing on a for-fee basis. Using evaluation Software License Keys to install ACE virtual machines on devices and for use by contractors, customers, vendors and other third parties is not permitted.
(c) VMware Converter
Additional License Terms
VMware hereby grants you a nonexclusive, non-transferable license, without rights to sublicense, to (i) install or have installed one copy of the Software either on a single computing device or in a single Virtual Machine; and (ii) use the Software solely for the purpose of migrating the disk contents of physical computers, VMware virtual machines and supported 3rd party disk images to the disk contents of Virtual Machines to be operated with VMware virtualization software products. Notwithstanding the foregoing, if you are migrating disk contents that include the Windows NT 4.0 operating system, you may install the Software on an additional computing device or Virtual Machine on which the Windows NT 4.0 operating system is installed.
If you install the Software in a Virtual Machine, you may not make multiple copies of the Virtual Machine, but you may instantiate the Virtual Machine on any computing device, including a computing device owned or leased by a third party.
Restrictions. You many not use the Software on a service bureau or hosting basis, except that you may use the Software to provide services to third parties to migrate the disk contents of physical computers, VMware virtual machines and supported 3rd party disk images to the disk contents of Virtual Machines.
The Software contains third party products, including, but not limited to the Microsoft WinPE Development Tool and Microsoft® Windows® Preinstallation Environment, Version 2005 ("Products"), collectively referred to as "Software". In addition to the license agreement provided in conjunction with the Software, You hereby agree to the following additional license terms and restrictions pertaining to your use of the Software:
(i) The Software containing the Products is limited for use as a boot, diagnostic, disaster recovery, setup, restoration, emergency services, installation, test and/or configuration utilities program, and not for use as a general purpose operating system or as a substitute for a fully functional version of any operating system product; (ii) the Products are provided "as is"; (iii) the Software containing the Products contains a security feature that will cause the computer system to reboot without prior notification to the end-user after 24 hours of continuous use; and (iv) all
customer support issues pertaining to the Software will be handled solely by VMware.
(ii) You shall not reverse engineer, decompile, or disassemble the Products, except to the extent expressly permitted by applicable law.
(iii) Limited Warranty. MICROSOFT AND ALL MICROSOFT AFFILIATES SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY RELATED TO THE SOFTWARE AND THE PRODUCTS. VMWARE AND ALL VMWARE AFFILIATES SPECIFICALLY DISCLAIM ANY AND ALL LIABILITIES RELATED TO THE PRODUCTS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE PRECEDING LIMITATION MAY NOT APPLY TO YOU. THE FOREGOING SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF WHETHER VMWARE, MICROSOFT AND ALL MICROSOFT AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Do you agree to be bound by the terms of this agreement?
VMware Player
VMWARE MASTER END USER LICENSE AGREEMENT
NOTICE: BY DOWNLOADING AND INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS VMWARE MASTER END USER LICENSE AGREEMENT ("EULA"). IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU MAY NOT DOWNLOAD, INSTALL, COPY OR USE THE SOFTWARE, AND YOU MAY RETURN THE UNUSED SOFTWARE TO THE VENDOR FROM WHICH YOU ACQUIRED IT WITHIN THIRTY (30) DAYS AND REQUEST A REFUND OF THE LICENSE FEE, IF ANY, ALREADY PAID UPON SHOWING PROOF OF PAYMENT. "YOU" MEANS THE NATURAL PERSON OR THE ENTITY THAT IS AGREEING TO BE BOUND BY THIS EULA, THEIR EMPLOYEES AND THIRD PARTY CONTRACTORS THAT PROVIDE SERVICES TO YOU. YOU SHALL BE LIABLE FOR ANY FAILURE BY SUCH EMPLOYEES AND THIRD PARTY CONTRACTORS TO COMPLY WITH THE TERMS OF THIS AGREEMENT.
1. DEFINITIONS
1.1 "Designated Administrative Access" means that access to the standard user interfaces of a given instance of the Software (designated in this section) that you may grant to a designated third party (a) for which you have provided advance written notice to VMware that you are providing outsourced services and (b) for whose dedicated benefit you have licensed such instance of the Software. Designated Administrative Access is applicable only where you are
1) an IT outsourcing company that is providing outsourced IT services to a client company and
2) applicable only to the following Software: ESX Server, VMware Server and VirtualCenter.
1.2 "GPL Software" means GPL software licensed to you under the GNU General Public License as published by the Free Software Foundation (GPL). A copy of the GPL is included on the media on which you received the Software or included in the files you downloaded, if you acquired the Software by electronic download.
1.3 "Guest Operating Systems" means instances of third-party operating systems licensed by you and installed in a Virtual Machine and run using the Software.
1.4 "Licensed Additional Module" means additional modules that may be provided with and/or used in conjunction with the Software for which you have paid the applicable license fee and accepted any applicable additional license terms.
1.5 "Open Source Software" means various open source software components licensed under the terms of applicable open source license agreements included in the materials relating to such software. Open Source Software is composed of individual software components, each of which has its own copyright and its own applicable license conditions. The Open Source Software licenses can be found in the open_source_licenses.txt file, other materials accompanying the software package, the documentation or corresponding source files available at www.vmware.com/download/open_source.html.
1.6 "Processor" means a single, physical chip that houses no more than four (4) processor cores.
1.7 "Sample Programs" means sample client management programs or scripts that may be distributed with the Software.
1.8 "Server" means a single physical computer of a type that meets the specifications as set forth in the applicable product documentation posted at www.vmware.com/support/pubs/. Multiple computers that share processing power or operate in a networked configuration as a single logical computer, such as a "server farm" or similar arrangement, constitute multiple Servers for the purpose of this EULA.
1.9 "Software" means software products that are licensed to you under this EULA, including, but not limited to, any related components purchased or provided with the Software, application programming interfaces, associated media, printed materials, online or electronic documentation, and any updates and maintenance releases thereto.
1.10 "Software License Key" means, if applicable, a serial number issued to you by VMware to activate and use the Software. A separate, additional Software License Key may be required to activate and use each Licensed Additional Module.
1.11 "VMware Tools" means a suite of utilities and drivers that may enhance the performance and functionality of your Guest Operating System. VMware Tools may include some or all of the following, depending on your Guest Operating System: an SVGA driver, a mouse driver, the VMware Tools control panel and support for features such as shared folders, drag and drop in Windows guests, shrinking virtual disks, time synchronization with the host, VMware Tools scripts, and connection and disconnection of devices while the virtual machine is running.
1.12 "Virtual Machine" means an instance of a Guest Operating System and any application programs installed thereon, running on a computing device on which the Software is installed, or suspended to disk or any other storage media accessible by the computing device.
2. EVALUATION LICENSES
2.1 General. If available, the Software and each Licensed
Additional Module may be activated with no-cost evaluation Software License Key(s). You acknowledge that Evaluation Software License Keys have an expiration date ("Expiration Date") and that VMware is not obligated to permit further use of the Software.
2.2 Evaluation License. If you activate the Software or any Licensed Additional Module with an evaluation Software License Key
("Evaluation Product") you may use the Evaluation Product until the Expiration Date only to evaluate the suitability of the Evaluation Product for licensing on a for-fee basis. You may acquire evaluation Software License Key(s) for Licensed Additional Modules. In such case, the Licensed Additional Modules are licensed to you subject to the terms of this "EVALUATION LICENSES" section.
2.3 Evaluation Product Warranty Disclaimer. During the use of the Evaluation Product, the limited 90-day warranty referenced in Section 7.1 below is not applicable to you. THE EVALUATION PRODUCT is provided to you "as is" without warranty of any kind, whether express, implied, statutory, or otherwise. VMWARE AND ITS LICENSORS BEAR NO LIABILITY FOR ANY DAMAGES RESULTING FROM USE (OR ATTEMPTED USE) OF THE EVALUATION PRODUCT THROUGH AND AFTER THE EXPIRATION DATE.
2.4 No Support. VMware has no duty to provide support to you during your use of the Evaluation Product.
3. GRANT AND USE RIGHTS FOR SOFTWARE.
3.1 License. The Software is licensed, not sold. Subject to the terms of this EULA, VMware hereby grants you a non-exclusive, non-transferable license, without rights to sublicense, to use the object code of the Software for the purpose as set forth in the applicable documentation for the Software and to the extent permitted by your payment of applicable license fees, if any, under a VMware approved licensing model and/or your Software License Key subject to the software product specific terms specified in this EULA, the technical restrictions of the Software and/or any additional licensing terms specified by VMware via product documentation, notification and/or policy change posted at www.vmware.com. Your use of the Software is limited to the country where you’ve been invoiced for purchase of the Software. However, if you’ve been invoiced within any of the European Union member states, you may deploy the Software in any of the member states without restriction, subject to the terms of the approved licensing model and the terms of this EULA. Depending upon the model utilized to compute the applicable license fees paid by you to use the Software (whether per Processor, per Virtual Machine, per user, or any other VMware approved licensing model), an applicable Software License Key may limit your usage of the Software accordingly. You may use the documentation accompanying the Software in connection with permitted uses of the Software. If the Software is a version that you have converted or exchanged from a valid licensed prior version, you agree that by using the Software you will no longer use the prior version. VMware reserves the right to require the certification of the destruction of such previous version of the Software.
3.2 License Limitations. You may not copy the Software except for a reasonable number of machine-readable copies of the Software for backup or archival purposes and except as expressly permitted in this EULA. You may not remove any titles, trademarks or trade names, copyright notices, legends, or other proprietary markings on the Software. You are not granted any rights to any trademarks or service marks of VMware. VMware retains all rights not expressly granted to you in this EULA.
3.3 Restrictions. You may not (i) sell, lease, license, sublicense, distribute or otherwise transfer in whole or in part the Software or the Software License Key to another party; (ii) provide, disclose, divulge or make available to, or permit use of the Software in whole or in part by, any third party (except Designated Administrative Access) without VMware’s prior written consent; (iii) modify or create derivative works based upon the Software; or (iv) create, develop, license, install, use, or deploy any third party software or services to circumvent, enable, modify or provide access, permissions or rights which violate the technical restrictions of the Software, any additional licensing terms provided by VMware via product documentation, notification, and/or policy change posted at www.vmware.com, and the terms of this EULA. Except to the extent expressly permitted by applicable law, and to the extent that VMware is not permitted by that applicable law to exclude or limit the following rights, you may not decompile, disassemble, reverse engineer, or otherwise attempt to derive source code from the Software, in whole or in part. Before you exercise any rights that you believe to be entitled to based on mandatory law, you shall provide VMware with 30 days prior written notice at info@vmware.com and provide all reasonably requested information to allow VMware to assess your claim and, at VMware's sole discretion, to provide alternatives that reduce any adverse impact on VMware’s intellectual property or other rights. You may use the Software to conduct internal performance testing and benchmarking studies, the results of which you (and not unauthorized third parties) may publish or publicly disseminate; provided that VMware has reviewed and approved of the methodology, assumptions and other parameters of the study. Please contact VMware at benchmark@vmware.com to request such review.
3.4 GPL Software. You can redistribute and/or modify the GPL Software under the terms of the GPL. You may obtain a copy of the source code corresponding to the binaries for the GPL Software (the "GPL Source Files") by downloading the GPL Source Files from VMware’s Web site at www.vmware.com/download/open_source.html, or by sending a request, with your name and address, to VMware at the address specified under the heading
"Contact Information" below, in which case VMware will mail a copy of the GPL Source Files to you on a CD or equivalent physical medium. This offer to obtain a copy of the GPL Source Files is valid for three years from the date you acquired this Software product.
3.5 VMware Tools. You may distribute the VMware Tools to any third party provided that (i) you do not modify the VMware Tools; (ii) you distribute the VMware Tools in object code format only and solely in conjunction with, and as part of, the Virtual Machine you create with the
Software; (iii) you do not use VMware’s name, logo or trademarks to market the Virtual Machine you create with the Software and (iv) you agree to indemnify, hold harmless, and defend VMware from and against any claims or lawsuits, including attorneys’ fees, that arise or result from the use or distribution of the Virtual Machine you create. Notwithstanding the foregoing, you may refer to VMware names, logos or trademarks to indicate that the Virtual Machine you create with the Software are compatible with or designed for use with the Software.
3.6 Licenses required for third-party software. The Software enables you to run multiple instances of third-party guest operating systems and application programs. You are responsible for obtaining and complying with any licenses necessary to operate any such third-party software, including Guest Operating Systems and/or application programs.
3.7 Sample Programs. The Software may include Sample Programs. You may use and distribute Sample Programs under the terms set forth in the applicable Sample Programs files. VMware does not provide support services for Sample Programs.
3.8 VMware License Programs. VMware makes available VMware License programs (for e.g., VMware Academic License). If you have received the Software pursuant to these VMware License programs, the then-current terms and conditions posted on www.vmware.com/download/eula/vmtn.html for that program shall apply for use of the products under such VMware License programs.
3.9 Audit Rights. You will maintain accurate records as to your use of the Software as authorized by this EULA, for at least two (2) years from the last day on which support and subscription services ("Services") expired for the applicable Software. VMware, or persons designated by VMware, will, at any time during the period when you are obliged to maintain such records, be entitled to inspect such records and your computing devices, in order to verify that the Software is used by you in accordance with the terms of this EULA and that you have paid the applicable license fees and Services fees for the Software; provided that VMware may conduct no more than one (1) audit in any twelve (12) month period. You shall promptly pay to VMware any underpayments revealed by any such audit. Any such audit will be performed at VMware’s expense during normal business hours, provided that you shall promptly reimburse VMware for the cost of such audit and any applicable fees if such audit reveals an underpayment by you of more than five percent (5%) of the amounts payable by you to VMware for the period audited.
4. TITLE. VMware retains all right, title, and interest in and to the Software and the Software License Key and in all related copyrights, trade secrets, patents, trademarks, and any other intellectual and industrial property and proprietary rights, including registrations, applications, renewals, and extensions of such rights.
5. SUPPORT AND SUBSCRIPTION SERVICES NOT INCLUDED
VMware will not provide any support services under this EULA. This EULA does not give you any rights to any updates or upgrades to the Software or to any extensions or enhancements to the Software developed by VMware at any time in the future. VMware may offer support and subscription services separately. If you have purchased VMware support and subscription services with the Software, these services are provided to you under the Support Contract Terms and Conditions posted on VMware’s Web site at www.vmware.com/support/ and by accepting the terms of this EULA you are accepting these Support Contract Terms and Conditions. Any supplemental software code or related materials that VMware provides to you as part of any support and subscription services are to be considered part of the Software and are subject to the terms and conditions of this EULA. VMware may use any technical information you provide to VMware for any VMware business purposes without restriction, including for product support and development. VMware will not use information in a form that personally identifies you.
6. TERMINATION
6.1 Termination. VMware may terminate this EULA immediately and without notice if you fail to comply with any term of this EULA.
6.2 Effect of Termination. In the event of termination, you must destroy all copies of the Software and Software License Key. In addition you must remove all copies of the Software, including all backup copies, from the Server and all computers and terminals on which it is installed. From time to time, VMware may change the terms of this EULA. VMware will notify you of such change. Your continued use of the Software will indicate your agreement to the change.
7. LIMITED WARRANTY AND LIMITATION OF LIABILITY
7.1 Limited Warranty. VMware warrants that the media, if any, on which the Software is delivered will be free of defects and that the Software will substantially conform to the description contained in the applicable end user documentation with respect to the particular Software licensed under this EULA in each case for a period of 90 days after the date of shipment of the Software License Key to you ("Warranty Period"). If during the Warranty Period the media is defective and the version of that Software is still commercially available, your sole remedy will be that VMware shall, at its option, repair or replace the defective media returned to VMware within the Warranty Period. If you are returning a defective media, please email VMware at sales@vmware.com to request a Return Authorization number (RMA) and further instructions. If during the Warranty Period the Software does not substantially conform to the description contained in the applicable end user documentation, your sole remedy will be that VMware shall, at it option, correct the defects in the Software or refund the license fees you paid, if any, related to the Software provided that (a) the Software has been properly installed and used at all times and in accordance with the instructions in the applicable end user documentation; (b) no modification, alteration or addition has been made to the Software product by persons other than VMware or VMware’s authorized representative; and (c) VMware receives written notice of the non-conformity within ninety (90) days following shipment. EXCEPT FOR THE PRECEDING EXPRESS LIMITED
WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, VMWARE AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS EULA OR COMMUNICATION WITH YOU, AND VMWARE AND ITS LICENSORS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
7.2 LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, IN NO EVENT WILL VMWARE AND ITS LICENSORS BE LIABLE FOR ANY LOST PROFITS OR BUSINESS OPPORTUNITIES, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE PRECEDING LIMITATION MAY NOT APPLY TO YOU. VMWARE AND ITS LICENSORS’ LIABILITY UNDER THIS EULA WILL NOT, IN ANY EVENT, EXCEED THE LICENSE FEES, IF ANY, PAID BY YOU FOR THE SOFTWARE LICENSED TO YOU UNDER THIS EULA. THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF WHETHER VMWARE OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
8. GENERAL
8.1 Entire Agreement. This Agreement sets forth VMware’s entire liability and your exclusive remedy with respect to the Software and supersedes the terms of any purchase orders and any other communications or advertising with respect to the Software. You acknowledge that this Agreement is a complete statement of the agreement between you and VMware with respect to the Software, and that there are no other prior or contemporaneous understandings, promises, representations, or descriptions with respect to the Software.
8.2 Headings. Headings under this EULA are intended only for convenience and shall not affect the interpretation of this EULA.
8.3 Waiver and Modification. No failure of either party to exercise or enforce any of its rights under this EULA will act as a waiver of those rights. This EULA may only be modified, or any rights under it waived, by a written document executed by the party against which it is asserted.
8.4 Severability. If any provision of this EULA is found illegal or unenforceable, it will be enforced to the maximum extent permissible, and the legality and enforceability of the other provisions of this EULA will not be affected.
8.5 Governing Law. This EULA will be governed by California law and the United States of America, without regard to its choice of law principles. The United Nations Convention for the International Sale of Goods shall not apply.
8.6 Government Restrictions. You may not export or re-export the Software except in compliance with the United States Export Administration Act and the related rules and regulations and similar non-U.S. government restrictions, if applicable. The Software and accompanying documentation are deemed to be "commercial computer software" and "commercial computer software documentation," respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212(b), as applicable. Any use, modification, reproduction, release, performing, displaying, or disclosing of the Software by the U.S. Government shall be governed solely by the terms of this EULA.
8.7 Contact Information. If you have any questions about this EULA, or if you want to contact VMware for any reason, please direct all correspondence to:
VMware, Inc.,
3401 Hillview Avenue,
Palo Alto, CA 94304, United States of America or email info@vmware.com.
8.8 Other. VMware and VMTN are trademarks and/or registered trademarks of VMware, Inc. in the United States and/or various jurisdictions.
9. SOFTWARE PRODUCT SPECIFIC TERMS AND CONDITIONS
In addition to the above, the following Software products shall also be subject to the following terms and conditions set forth below. In the event of any conflict between the following product-specific terms and conditions and the preceding sections, the product-specific terms and conditions shall control.
9.1 Player
(a) Additional License Terms:
VMware grants you a nonexclusive, nontransferable license, without rights to sublicense, to (i) use the Software solely for your own internal information processing services and computing needs in connection with permitted uses of the Software on a single computer; (ii) use the documentation accompanying the Software. Subject to the above, each copy of the Software may not be used by any other person, whether or not such person is employed by or otherwise associated with your entity. You may not share or use concurrently the Software.
VMware Player is intended for your own personal non-commercial use only. Player is only distributable with written agreement from VMware. Requests for a distribution agreement should be sent to player_distribution@vmware.com. Redistribution includes posting, packaging, bundling, or otherwise making available for use either within your organization or externally to 3rd party users.
(b) ACE Client License
Additional Definitions:
"ACE Client License" means an individual or volume license key that grants you the rights to install and use ACE virtual machines on a specified number of devices for which you have paid the applicable license fee.
"ACE virtual machine" means a package of Software including a virtual machine, ACE policy file, configuration files, and a virtual runtime created by using the ACE packaging features of Workstation.
Additional License Terms:
VMware grants you a nonexclusive license, without rights to sublicense, to (i) install ACE virtual machines on any devices provided that the total number of devices installed with ACE virtual machines does not exceed the number of devices for which you have paid the applicable license fee; (ii) use ACE virtual machines installed on those devices provided those devices have an ACE Client License; (iii) use ACE virtual machine installed on a portable media device, which has an ACE Client License, from any host machine regardless of that host machine’s licensing status; (iv) permanently reassign the ACE Client License from one device to another provided that the total number of devices using ACE virtual machines does not exceed the number of devices for which you have paid the applicable license fee.
Additional Restrictions on ACE Evaluation Licenses. Subject to the terms herein, evaluation Software License Keys are provided solely to internally evaluate the suitability of the Evaluation Product for licensing on a for-fee basis. Using evaluation Software License Keys to install ACE virtual machines on devices and for use by contractors, customers, vendors and other third parties is not permitted.
(c) VMware Converter
Additional License Terms
VMware hereby grants you a nonexclusive, non-transferable license, without rights to sublicense, to (i) install or have installed one copy of the Software either on a single computing device or in a single Virtual Machine; and (ii) use the Software solely for the purpose of migrating the disk contents of physical computers, VMware virtual machines and supported 3rd party disk images to the disk contents of Virtual Machines to be operated with VMware virtualization software products. Notwithstanding the foregoing, if you are migrating disk contents that include the Windows NT 4.0 operating system, you may install the Software on an additional computing device or Virtual Machine on which the Windows NT 4.0 operating system is installed.
If you install the Software in a Virtual Machine, you may not make multiple copies of the Virtual Machine, but you may instantiate the Virtual Machine on any computing device, including a computing device owned or leased by a third party.
Restrictions. You many not use the Software on a service bureau or hosting basis, except that you may use the Software to provide services to third parties to migrate the disk contents of physical computers, VMware virtual machines and supported 3rd party disk images to the disk contents of Virtual Machines.
The Software contains third party products, including, but not limited to the Microsoft WinPE Development Tool and Microsoft® Windows® Preinstallation Environment, Version 2005 ("Products"), collectively referred to as "Software". In addition to the license agreement provided in conjunction with the Software, You hereby agree to the following additional license terms and restrictions pertaining to your use of the Software:
(i) The Software containing the Products is limited for use as a boot, diagnostic, disaster recovery, setup, restoration, emergency services, installation, test and/or configuration utilities program, and not for use as a general purpose operating system or as a substitute for a fully functional version of any operating system product; (ii) the Products are provided "as is"; (iii) the Software containing the Products contains a security feature that will cause the computer system to reboot without prior notification to the end-user after 24 hours of continuous use; and (iv) all
customer support issues pertaining to the Software will be handled solely by VMware.
(ii) You shall not reverse engineer, decompile, or disassemble the Products, except to the extent expressly permitted by applicable law.
(iii) Limited Warranty. MICROSOFT AND ALL MICROSOFT AFFILIATES SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY RELATED TO THE SOFTWARE AND THE PRODUCTS. VMWARE AND ALL VMWARE AFFILIATES SPECIFICALLY DISCLAIM ANY AND ALL LIABILITIES RELATED TO THE PRODUCTS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE PRECEDING LIMITATION MAY NOT APPLY TO YOU. THE FOREGOING SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF WHETHER VMWARE, MICROSOFT AND ALL MICROSOFT AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Do you agree to be bound by the terms of this agreement?
Friday, June 27, 2008
Rebtel
Terms of service
Welcome to Rebtel. These Terms of Service constitute your agreement with Rebtel Services S.Ã .r.l. and its affiliates and subsidiaries (together “Rebtel” or “we”).
Acceptance of Terms
By accessing the Site or using our services, you agree to be bound by these terms of service including Rebtel’s Privacy Policy, and any additional terms on the Site (together “Terms of Service”). If you do not agree to the Terms of Service, you may not activate or use the service. Rebtel may renew, modify or amend the Terms of Service from time to time. If you continue to use the Rebtel Services you accept such revisions.
Jurisdictional Restrictions
If you are residing in a jurisdiction where it is prohibited by law to offer or use Internet telephony, you may not enter into this Agreement.
Third Party
Your access to and use of a service provided by a third party service or content provider, including but not limited to your local mobile operator ("Provider"), may be subject to the Providers terms and conditions. For the avoidance of doubt in using any such Provider service you will still be bound by these Terms of Service to the extent they are applicable. As soon as your call is connected to a phone number provided by Rebtel, the call may be charged by your Provider, regardless of whether you are connected to the receiver of the call (e.g. even if the line is busy).
REBTEL SERVICES
Usernames and Passcode
You agree to provide true, accurate, current and complete information in all fields indicated as mandatory when registering for the Rebtel Services, as well as any additional information provided or any amendments made by you. As part of Sign-Up on the Site you will choose a passcode (“Passcode”) required for access to and use of the Rebtel Services. You are responsible for all actions that take place as a result of access to or use of the Rebtel Services via your Passcode and/or via your mobile phone (“Device”) independently of whether the access was made by yourself or by a third party using your Passcode and/or Device.
Unauthorized Use/Stolen Device
If your Device is stolen or if you become aware of unauthorized use of the Rebtel Services you must notify us immediately to suspend the Rebtel Services. You are responsible for all charges to your Account until the Rebtel Services are suspended. We have the right to change your Passcode and account name at any time in our sole discretion.
Use of Rebtel Services
We grant you a non-exclusive, non-transferable right to view and use the Rebtel Services and the Content (as defined in the following) via your Device for and subject to your compliance with these Terms of Service.
No Unlawful or Prohibited Use
You expressly acknowledge and agree to use any Rebtel Service solely for lawful purposes. In this respect you may not, without limitation (a) intercept or monitor, damage or modify any communication which is not intended for you, (b) send any unsolicited commercial communication not permitted by applicable law, (c) use any Rebtel Service in any fraudulent way, (d) expose any third party to material which is offensive, harmful to minors, indecent or otherwise objectionable. Further, you may not use any Rebtel Service in any manner that could damage, disable, overburden, or impair any Rebtel server, or the network(s) connected to any Rebtel server, or interfere with any other party's use and enjoyment of the Rebtel Services.
Submission of information to Rebtel
In the course of using the Rebtel Service, users may provide information about themselves which may be visible to certain other users (see Rebtel’s Privacy Policy to learn more about information collected on this Site). You understand that by posting materials or information on the Site or otherwise providing feedback and/or suggestions to Rebtel you are granting to Rebtel Services S.Ã .r.l. a royalty-free, world-wide, transferable, sub-licensable, perpetual, irrevocable license to use this information in the course of offering the Rebtel Services. Furthermore, you understand that Rebtel retains the right to reformat, excerpt, or translate any materials submitted by you.
Disclosure of information
Rebtel reserves the right at all times to disclose any information as Rebtel deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Rebtel's sole discretion.
No warranties
Rebtel does not make any express warranty regarding the Rebtel Services and disclaim any implied warranty, including any warranty of merchantability, satisfactory quality, or fitness for a particular purpose; however Rebtel shall endeavour to provide Rebtel services with minimum disruptions. Rebtel cannot guarantee that the Rebtel services will always function without disruptions, delay or other imperfections and Rebtel may choose not to provide service to countries or calling areas at its sole discretion. Since the Rebtel Services will be transmitted through public Internet lines and the public switched telephony network, you acknowledge that there may be power outages or Internet service disruption and you may experience some disruptions in the Rebtel Services, e.g. packet loss and delay. Additionally, you also understand that calls to or from the public switched telephony network are not encrypted and as such, could be potentially subject to eavesdropping by law enforcement officials or other third parties over the public Internet. Rebtel will not be liable for any disruption, delays, eavesdropping or other omissions in the Rebtel Services.
Suspension and interruption
Rebtel is entitled, without any liability, to refuse, restrict, limit, suspend and/or interfere or interrupt the Rebtel Services or any part thereof, without any notice to you for the repair, improvement, and/or upgrade of the Rebtel Services or for any of the reasons for termination set forth below in these Terms of Service. In addition, at any time Rebtel may prevent use of Rebtel Services for any reason, including but not limited to, fraudulent calling patterns, excessive usage, billing irregularities and unlawful use.
Communication
The content of the communication is entirely the responsibility of the person from whom such content originated. You, therefore, may be exposed to content that is offensive, harmful, indecent or otherwise objectionable. Rebtel will not be liable for any type of communication spread by means of the Rebtel Services.
No emergency calls
The Rebtel Services do not and are not intended to support or carry emergency calls to any type of hospitals, law enforcement agencies, medical care unit or any type of emergency services of any kind and Rebtel is not liable in any manner for such calls. In the event that, with your permission, another user uses your Account (as defined in the following), you are responsible to inform that user that it is not possible to support or carry emergency calls with the Rebtel Services.
No SMS, MMS or FAX messages
The phone numbers provided by Rebtel do not and are not intended to support messaging via SMS, MMS nor FAX. However, by using certain features of the Rebtel Services on the Site you may be able to send SMS messages.
Phone numbers provided by Rebtel
You expressly acknowledge and agree that any phone number(s) provided to you by Rebtel are shared by multiple end-users. This means, without limitation, that you may not port-out any such Rebtel phone number to any third party.
Intellectual property rights
All copyright, trade marks, patents and other intellectual property rights in any material or content (including without limitation software, data, applications, information, text, photographs, music, sound, videos, graphics, logos, symbols, artwork and other material or moving images) contained in or accessible via the Rebtel Services ("Content") is either owned by Rebtel or has been licensed to Rebtel by the rights owner(s) for use as part of the Rebtel Services. All rights are expressly reserved. Furthermore, Rebtel has the right to remove any materials posted to the Site in its sole discretion.
PAYMENT, RATES AND ACCOUNTS
Payment
In order to purchase credits for the Rebtel Services and to charge your Account you shall pay Rebtel the rates as stated on the Site. Payments are either made manually by you or through the automatic recharge function activated by you. The automatic recharge function means that when your Account balance is below a certain level, your Account will be automatically recharged up to a certain pre-selected amount.
VAT
Unless stated otherwise, all rates and charges shall be stated in US dollars and shall be exclusive of value added taxes (VAT) or any other applicable taxes.
Rates
The rates for the Rebtel Services are published on the Site. Rebtel reserves the right to change the rates at any time without notice. If you do not wish to accept such adjustment of rates, you are entitled to terminate the Account with effect from the date on which the adjustment of rates would become effective. You agree that by continuing to use the Rebtel Services, following the adjustments of the rates, you accept such adjustments.
Roaming charges
You will also pay any additional charges you incur if you connect to the Rebtel Services through a phone number provided by Rebtel while you are in a country that is not the country associated with your fixed net or mobile phone Provider (“Roaming Charges”). Roaming Charges are charged in addition to any charges you may incur when connecting to the Rebtel Services from another country.
Requests for refunds
Rebtel will refund your credit balance in the event you terminate your Rebtel Services pursuant to the terms set forth under the heading “Cancellation of the Rebtel Services” below or in the event that Rebtel terminates this Agreement without cause.
Refund
You may request for a refund by contacting Rebtel’s customer services via gethelp@rebtel.com .Refund requests carried out through other means shall not be eligible for the refund. For the avoidance of doubt, no refunds shall be given for services paid or credit acquired through vouchers or gift tokens. Rebtel reserves the right to deny repetitive refund requests. Any abuse by you of the terms relating to refunds hereunder shall lead to the termination of this Agreement.
Account and receipt
Rebtel may provide an account history under Manage Account on the Site that includes information about your Account activity, payments, calling history during a limited period, and your current Account balance (“Account History”), which may change from time to time, and an e-mail receipt upon pre-payment for the Rebtel Services. The Account History is the only statement of your Account that Rebtel will provide to you. IT IS YOUR RESPONSIBILITY TO PRINT OR SAVE A COPY OF YOUR CALL SHEET AND YOUR RECEIPT AND TO RETAIN COPIES FOR YOUR RECORDS. Rebtel will use commercially reasonable efforts to correct any technical failures relating to the Account History within a reasonable time. However, your inability to view the Account History does not extend, or relieve you of, your obligation to pay any amounts owing to Rebtel.
Accounting errors
If you believe that Rebtel has charged your Account in error, you must submit a request for refund by contacting Rebtel’s customer services via gethelp@rebtel.com within 90 days after the date the error first appears on your Account History or within 120 days after the error occurred, whichever is the earlier.
Expiration of credits
A credit balance for Rebtel Services on the Account expires 12 months after the last chargeable use of the Rebtel Services. Credit balances that are not used within the said 12 months day period will be lost.
TERMINATION AND CANCELLATION
Rebtel Service termination/default
If you breach any representations to us or fail to perform any of the promises you made in the Terms of Service, or if you are subject to any proceeding under the bankruptcy acts or similar laws, you will be in default and we may, without notice to you, suspend the Rebtel Services and/or terminate the Terms of Service.
Cancellation of your Rebtel Services
You may cancel Rebtel Services at any time. Unless otherwise stated herein, all Rebtel Services will be cancelled either under Manage Account on the Site or within five (5) days of receipt of notice from you to gethelp@rebtel.com.
Limitation of Liability
Rebtel is not liable for acts or omissions of another Provider, for information provided through your Device, equipment failure or modification, or causes beyond our reasonable control. We are not liable for service outages nor for service limitations or interruptions. We are not liable for any accidents or incidents which result from the use of Rebtel Services by you or any other person. Our liability and the liability of any underlying Provider for any failure or mistake shall in no event exceed the Rebtel Services charges during the affected period. We and any underlying Provider are not liable for any incidental, punitive or consequential damages such as lost profits. We, and any underlying Provider, are not liable for economic loss or injuries to persons or property arising from the use of the Rebtel Services. This paragraph shall survive termination of the Terms of Service.
MISCELLANEOUS
Assignment
We may assign all or part of the Terms of Service without such assignment being considered change to the Terms of Service, and without notice to you. We are then released from all liability. You may not assign the Terms of Service without our prior written approval.
Applicable law and competent court
The Terms of Service shall be governed by and construed in accordance with the laws of Luxembourg without giving effect to the conflict of laws or provisions of Luxembourg or your actual state or country of residence. Any legal proceedings arising out of or relating to Agreement will be exclusively subject to the jurisdiction of the courts of the district of Luxembourg.
Entire Agreement
These general Terms of Service represent the entire agreement between you and us and supersedes all prior offers, contracts, agreements and representations. The Terms of Service supersede all promises made to you by our client services agents, representatives or employees. If any part of the Terms of Service is found invalid, the balance remains enforceable.
PRIVACY POLICY
IMPORTANT — PLEASE READ CAREFULLY
Your privacy is important to us and we take great care to safeguard the ways in which any information you provide us with is collected and used.
If you would like to view, correct, complete or remove your personal information, please contact Rebtel at gethelp@rebtel.com.
Registration
You need to join Rebtel to use Rebtel’s Services. By joining you acknowledge you are of legal age, provided true information and are fully authorized to sign on behalf of any group requesting the service. You acknowledge you are of legal age, have provided true information and are fully authorized to sign on behalf of the entity requesting the service.
Information collection and use in general
Rebtel uses your personal information to improve Rebtel Services and to offer more effective customer service. Also, your details help us perform research and analysis to help improve our service.Your details may be stored and processed in Sweden, Luxembourg, the United States or any other country in which Rebtel or its affiliates, subsidiaries or agents maintain facilities. By using Rebtel Services, you consent to any such transfer of information outside your country. Rebtel abides by applicable safe harbour frameworks regarding the collection, use, and retention of personal information.
Sharing of your Personal Information
We will not disclose your personal information outside Rebtel and its controlled subsidiaries and affiliates without your consent, except as described in this Policy Statement.
Some Rebtel Services may be offered in conjunction with another company. In such cases, both Rebtel and the other company may receive information collected in conjunction with these co-branded services.
We occasionally hire other companies to provide limited services on our behalf, such as handling mail-outs, providing customer support, hosting web sites, billing, or performing statistical analysis. Those companies will be permitted to obtain only the personal information they need to deliver the service. They are prohibited from using this information for any other purpose.
We may access and/or disclose your personal information if we believe such action is necessary to: (a) comply with the law or legal process served on Rebtel; (b) protect and defend the rights or property of Rebtel (including the enforcement of our agreements); or (c) act in urgent circumstances to protect the personal safety of users of Rebtel Services or members of the public.
Accessing your personal information
You may be able to view or edit your personal information online. To help prevent your personal information from being viewed by others, you will be required to sign in with your credentials (mobile number and PIN).
Communication preferences
You can stop the delivery of future promotional e-mails from Rebtel and services by following the specific instructions in the e-mail you receive.
You may also have the option of proactively making choices about the communications you receive from Rebtel, the Rebtel Services or by visiting and signing into the Site.
These communication choices do not apply to mandatory service communications that are considered part of certain Rebtel Services, which you may receive periodically unless you cancel the service.
Security of your personal information
Rebtel uses advanced security technologies and procedures to protect your personal information from unauthorised access. Your details are stored on computer systems with limited access in controlled facilities, and credit card numbers and PINs are protected with Secure Socket Layer (SSL) encryption when transferred over the internet.
Your PIN helps protect your accounts and personal information, and therefore it is your responsibility to keep your PIN confidential. Do not share it with anyone, and make sure you log out before leaving the Site.
Log files and IP addresses
Rebtel uses your IP address to diagnose our server problems and to administer our Site.
Welcome to Rebtel. These Terms of Service constitute your agreement with Rebtel Services S.Ã .r.l. and its affiliates and subsidiaries (together “Rebtel” or “we”).
Acceptance of Terms
By accessing the Site or using our services, you agree to be bound by these terms of service including Rebtel’s Privacy Policy, and any additional terms on the Site (together “Terms of Service”). If you do not agree to the Terms of Service, you may not activate or use the service. Rebtel may renew, modify or amend the Terms of Service from time to time. If you continue to use the Rebtel Services you accept such revisions.
Jurisdictional Restrictions
If you are residing in a jurisdiction where it is prohibited by law to offer or use Internet telephony, you may not enter into this Agreement.
Third Party
Your access to and use of a service provided by a third party service or content provider, including but not limited to your local mobile operator ("Provider"), may be subject to the Providers terms and conditions. For the avoidance of doubt in using any such Provider service you will still be bound by these Terms of Service to the extent they are applicable. As soon as your call is connected to a phone number provided by Rebtel, the call may be charged by your Provider, regardless of whether you are connected to the receiver of the call (e.g. even if the line is busy).
REBTEL SERVICES
Usernames and Passcode
You agree to provide true, accurate, current and complete information in all fields indicated as mandatory when registering for the Rebtel Services, as well as any additional information provided or any amendments made by you. As part of Sign-Up on the Site you will choose a passcode (“Passcode”) required for access to and use of the Rebtel Services. You are responsible for all actions that take place as a result of access to or use of the Rebtel Services via your Passcode and/or via your mobile phone (“Device”) independently of whether the access was made by yourself or by a third party using your Passcode and/or Device.
Unauthorized Use/Stolen Device
If your Device is stolen or if you become aware of unauthorized use of the Rebtel Services you must notify us immediately to suspend the Rebtel Services. You are responsible for all charges to your Account until the Rebtel Services are suspended. We have the right to change your Passcode and account name at any time in our sole discretion.
Use of Rebtel Services
We grant you a non-exclusive, non-transferable right to view and use the Rebtel Services and the Content (as defined in the following) via your Device for and subject to your compliance with these Terms of Service.
No Unlawful or Prohibited Use
You expressly acknowledge and agree to use any Rebtel Service solely for lawful purposes. In this respect you may not, without limitation (a) intercept or monitor, damage or modify any communication which is not intended for you, (b) send any unsolicited commercial communication not permitted by applicable law, (c) use any Rebtel Service in any fraudulent way, (d) expose any third party to material which is offensive, harmful to minors, indecent or otherwise objectionable. Further, you may not use any Rebtel Service in any manner that could damage, disable, overburden, or impair any Rebtel server, or the network(s) connected to any Rebtel server, or interfere with any other party's use and enjoyment of the Rebtel Services.
Submission of information to Rebtel
In the course of using the Rebtel Service, users may provide information about themselves which may be visible to certain other users (see Rebtel’s Privacy Policy to learn more about information collected on this Site). You understand that by posting materials or information on the Site or otherwise providing feedback and/or suggestions to Rebtel you are granting to Rebtel Services S.Ã .r.l. a royalty-free, world-wide, transferable, sub-licensable, perpetual, irrevocable license to use this information in the course of offering the Rebtel Services. Furthermore, you understand that Rebtel retains the right to reformat, excerpt, or translate any materials submitted by you.
Disclosure of information
Rebtel reserves the right at all times to disclose any information as Rebtel deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Rebtel's sole discretion.
No warranties
Rebtel does not make any express warranty regarding the Rebtel Services and disclaim any implied warranty, including any warranty of merchantability, satisfactory quality, or fitness for a particular purpose; however Rebtel shall endeavour to provide Rebtel services with minimum disruptions. Rebtel cannot guarantee that the Rebtel services will always function without disruptions, delay or other imperfections and Rebtel may choose not to provide service to countries or calling areas at its sole discretion. Since the Rebtel Services will be transmitted through public Internet lines and the public switched telephony network, you acknowledge that there may be power outages or Internet service disruption and you may experience some disruptions in the Rebtel Services, e.g. packet loss and delay. Additionally, you also understand that calls to or from the public switched telephony network are not encrypted and as such, could be potentially subject to eavesdropping by law enforcement officials or other third parties over the public Internet. Rebtel will not be liable for any disruption, delays, eavesdropping or other omissions in the Rebtel Services.
Suspension and interruption
Rebtel is entitled, without any liability, to refuse, restrict, limit, suspend and/or interfere or interrupt the Rebtel Services or any part thereof, without any notice to you for the repair, improvement, and/or upgrade of the Rebtel Services or for any of the reasons for termination set forth below in these Terms of Service. In addition, at any time Rebtel may prevent use of Rebtel Services for any reason, including but not limited to, fraudulent calling patterns, excessive usage, billing irregularities and unlawful use.
Communication
The content of the communication is entirely the responsibility of the person from whom such content originated. You, therefore, may be exposed to content that is offensive, harmful, indecent or otherwise objectionable. Rebtel will not be liable for any type of communication spread by means of the Rebtel Services.
No emergency calls
The Rebtel Services do not and are not intended to support or carry emergency calls to any type of hospitals, law enforcement agencies, medical care unit or any type of emergency services of any kind and Rebtel is not liable in any manner for such calls. In the event that, with your permission, another user uses your Account (as defined in the following), you are responsible to inform that user that it is not possible to support or carry emergency calls with the Rebtel Services.
No SMS, MMS or FAX messages
The phone numbers provided by Rebtel do not and are not intended to support messaging via SMS, MMS nor FAX. However, by using certain features of the Rebtel Services on the Site you may be able to send SMS messages.
Phone numbers provided by Rebtel
You expressly acknowledge and agree that any phone number(s) provided to you by Rebtel are shared by multiple end-users. This means, without limitation, that you may not port-out any such Rebtel phone number to any third party.
Intellectual property rights
All copyright, trade marks, patents and other intellectual property rights in any material or content (including without limitation software, data, applications, information, text, photographs, music, sound, videos, graphics, logos, symbols, artwork and other material or moving images) contained in or accessible via the Rebtel Services ("Content") is either owned by Rebtel or has been licensed to Rebtel by the rights owner(s) for use as part of the Rebtel Services. All rights are expressly reserved. Furthermore, Rebtel has the right to remove any materials posted to the Site in its sole discretion.
PAYMENT, RATES AND ACCOUNTS
Payment
In order to purchase credits for the Rebtel Services and to charge your Account you shall pay Rebtel the rates as stated on the Site. Payments are either made manually by you or through the automatic recharge function activated by you. The automatic recharge function means that when your Account balance is below a certain level, your Account will be automatically recharged up to a certain pre-selected amount.
VAT
Unless stated otherwise, all rates and charges shall be stated in US dollars and shall be exclusive of value added taxes (VAT) or any other applicable taxes.
Rates
The rates for the Rebtel Services are published on the Site. Rebtel reserves the right to change the rates at any time without notice. If you do not wish to accept such adjustment of rates, you are entitled to terminate the Account with effect from the date on which the adjustment of rates would become effective. You agree that by continuing to use the Rebtel Services, following the adjustments of the rates, you accept such adjustments.
Roaming charges
You will also pay any additional charges you incur if you connect to the Rebtel Services through a phone number provided by Rebtel while you are in a country that is not the country associated with your fixed net or mobile phone Provider (“Roaming Charges”). Roaming Charges are charged in addition to any charges you may incur when connecting to the Rebtel Services from another country.
Requests for refunds
Rebtel will refund your credit balance in the event you terminate your Rebtel Services pursuant to the terms set forth under the heading “Cancellation of the Rebtel Services” below or in the event that Rebtel terminates this Agreement without cause.
Refund
You may request for a refund by contacting Rebtel’s customer services via gethelp@rebtel.com .Refund requests carried out through other means shall not be eligible for the refund. For the avoidance of doubt, no refunds shall be given for services paid or credit acquired through vouchers or gift tokens. Rebtel reserves the right to deny repetitive refund requests. Any abuse by you of the terms relating to refunds hereunder shall lead to the termination of this Agreement.
Account and receipt
Rebtel may provide an account history under Manage Account on the Site that includes information about your Account activity, payments, calling history during a limited period, and your current Account balance (“Account History”), which may change from time to time, and an e-mail receipt upon pre-payment for the Rebtel Services. The Account History is the only statement of your Account that Rebtel will provide to you. IT IS YOUR RESPONSIBILITY TO PRINT OR SAVE A COPY OF YOUR CALL SHEET AND YOUR RECEIPT AND TO RETAIN COPIES FOR YOUR RECORDS. Rebtel will use commercially reasonable efforts to correct any technical failures relating to the Account History within a reasonable time. However, your inability to view the Account History does not extend, or relieve you of, your obligation to pay any amounts owing to Rebtel.
Accounting errors
If you believe that Rebtel has charged your Account in error, you must submit a request for refund by contacting Rebtel’s customer services via gethelp@rebtel.com within 90 days after the date the error first appears on your Account History or within 120 days after the error occurred, whichever is the earlier.
Expiration of credits
A credit balance for Rebtel Services on the Account expires 12 months after the last chargeable use of the Rebtel Services. Credit balances that are not used within the said 12 months day period will be lost.
TERMINATION AND CANCELLATION
Rebtel Service termination/default
If you breach any representations to us or fail to perform any of the promises you made in the Terms of Service, or if you are subject to any proceeding under the bankruptcy acts or similar laws, you will be in default and we may, without notice to you, suspend the Rebtel Services and/or terminate the Terms of Service.
Cancellation of your Rebtel Services
You may cancel Rebtel Services at any time. Unless otherwise stated herein, all Rebtel Services will be cancelled either under Manage Account on the Site or within five (5) days of receipt of notice from you to gethelp@rebtel.com.
Limitation of Liability
Rebtel is not liable for acts or omissions of another Provider, for information provided through your Device, equipment failure or modification, or causes beyond our reasonable control. We are not liable for service outages nor for service limitations or interruptions. We are not liable for any accidents or incidents which result from the use of Rebtel Services by you or any other person. Our liability and the liability of any underlying Provider for any failure or mistake shall in no event exceed the Rebtel Services charges during the affected period. We and any underlying Provider are not liable for any incidental, punitive or consequential damages such as lost profits. We, and any underlying Provider, are not liable for economic loss or injuries to persons or property arising from the use of the Rebtel Services. This paragraph shall survive termination of the Terms of Service.
MISCELLANEOUS
Assignment
We may assign all or part of the Terms of Service without such assignment being considered change to the Terms of Service, and without notice to you. We are then released from all liability. You may not assign the Terms of Service without our prior written approval.
Applicable law and competent court
The Terms of Service shall be governed by and construed in accordance with the laws of Luxembourg without giving effect to the conflict of laws or provisions of Luxembourg or your actual state or country of residence. Any legal proceedings arising out of or relating to Agreement will be exclusively subject to the jurisdiction of the courts of the district of Luxembourg.
Entire Agreement
These general Terms of Service represent the entire agreement between you and us and supersedes all prior offers, contracts, agreements and representations. The Terms of Service supersede all promises made to you by our client services agents, representatives or employees. If any part of the Terms of Service is found invalid, the balance remains enforceable.
PRIVACY POLICY
IMPORTANT — PLEASE READ CAREFULLY
Your privacy is important to us and we take great care to safeguard the ways in which any information you provide us with is collected and used.
If you would like to view, correct, complete or remove your personal information, please contact Rebtel at gethelp@rebtel.com.
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Information collection and use in general
Rebtel uses your personal information to improve Rebtel Services and to offer more effective customer service. Also, your details help us perform research and analysis to help improve our service.Your details may be stored and processed in Sweden, Luxembourg, the United States or any other country in which Rebtel or its affiliates, subsidiaries or agents maintain facilities. By using Rebtel Services, you consent to any such transfer of information outside your country. Rebtel abides by applicable safe harbour frameworks regarding the collection, use, and retention of personal information.
Sharing of your Personal Information
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Wednesday, June 25, 2008
Mozilla Firefox 3.0
MOZILLA FIREFOX END-USER SOFTWARE LICENSE AGREEMENT
Version 3.0, May 2008
A source code version of certain Firefox Browser functionality that you may use, modify and distribute is available to you free-of-charge from www.mozilla.org under the Mozilla Public License and other open source software licenses.
The accompanying executable code version of Mozilla Firefox and related documentation (the "Product") is made available to you under the terms of this Mozilla Firefox End-User Software License Agreement (the "Agreement"). By clicking the "Accept" button, or by installing or using the Mozilla Firefox Browser, you are consenting to be bound by the Agreement. If you do not agree to the terms and conditions of this agreement, do not click the "Accept" button, and do not install or use any part of the Mozilla Firefox Browser.
During the Mozilla Firefox installation process, and at later times, you may be given the option of installing additional components from third-party software providers. The installation and use of those third-party components may be governed by additional license agreements.
1. LICENSE GRANT. The Mozilla Corporation grants you a non-exclusive license to use the executable code version of the Product. This Agreement will also govern any software upgrades provided by Mozilla that replace and/or supplement the original Product, unless such upgrades are accompanied by a separate license, in which case the terms of that license will govern.
2. TERMINATION. If you breach this Agreement your right to use the Product will terminate immediately and without notice, but all provisions of this Agreement except the License Grant (Paragraph 1) will survive termination and continue in effect. Upon termination, you must destroy all copies of the Product.
3. PROPRIETARY RIGHTS. Portions of the Product are available in source code form under the terms of the Mozilla Public License and other open source licenses (collectively, "Open Source Licenses") at http://www.mozilla.org/MPL. Nothing in this Agreement will be construed to limit any rights granted under the Open Source Licenses. Subject to the foregoing, Mozilla, for itself and on behalf of its licensors, hereby reserves all intellectual property rights in the Product, except for the rights expressly granted in this Agreement. You may not remove or alter any trademark, logo, copyright or other proprietary notice in or on the Product. This license does not grant you any right to use the trademarks, service marks or logos of Mozilla or its licensors.
4. PRIVACY POLICY. You agree to the Mozilla Firefox Privacy Policy, made available online at http://www.mozilla.com/legal/privacy/, as that policy may be changed from time to time. When Mozilla changes the policy in a material way a notice will be posted on the website at www.mozilla.com and when any change is made in the privacy policy, the updated policy will be posted at the above link. It is your responsibility to ensure that you understand the terms of the privacy policy, so you should periodically check the current version of the policy for changes.
5. WEBSITE INFORMATION SERVICES. Mozilla and its contributors, licensors and partners work to provide the most accurate and up-to-date phishing and malware information. However, they cannot guarantee that this information is comprehensive and error-free: some risky sites may not be identified, and some safe sites may be identified in error.
6. DISCLAIMER OF WARRANTY. The product is provided "as is" with all faults. To the extent permitted by law, Mozilla and Mozilla's distributors, and licensors hereby disclaim all warranties, whether express or implied, including without limitation warranties that the product is free of defects, merchantable, fit for a particular purpose and non-infringing. You bear the entire risk as to selecting the product for your purposes and as to the quality and performance of the product. This limitation will apply notwithstanding the failure of essential purpose of any remedy. Some jurisdictions do not allow the exclusion or limitation of implied warranties, so this disclaimer may not apply to you.
7. LIMITATION OF LIABILITY. Except as required by law, Mozilla and its distributors, directors, licensors, contributors and agents (collectively, the "Mozilla Group") will not be liable for any indirect, special, incidental, consequential or exemplary damages arising out of or in any way relating to this agreement or the use of or inability to use the product, including without limitation damages for loss of goodwill, work stoppage, lost profits, loss of data, and computer failure or malfunction, even if advised of the possibility of such damages and regardless of the theory (contract, tort or otherwise) upon which such claim is based. The Mozilla Group's collective liability under this agreement will not exceed the greater of $500 (five hundred dollars) and the fees paid by you under the license (if any). Some jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, so this exclusion and limitation may not apply to you.
8. EXPORT CONTROLS. This license is subject to all applicable export restrictions. You must comply with all export and import laws and restrictions and regulations of any United States or foreign agency or authority relating to the Product and its use.
9. U.S. GOVERNMENT END-USERS. This Product is a "commercial item," as that term is defined in 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995) and 48 C.F.R. 227.7202 (June 1995). Consistent with 48 C.F.R. 12.212, 48 C.F.R. 27.405(b)(2) (June 1998) and 48 C.F.R. 227.7202, all U.S. Government End Users acquire the Product with only those rights as set forth therein.
10. MISCELLANEOUS. (a) This Agreement constitutes the entire agreement between Mozilla and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of Mozilla. (b) Except to the extent applicable law, if any, provides otherwise, this Agreement will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions. (c) This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. (d) If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. (e) A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. (f) Except as required by law, the controlling language of this Agreement is English. (g) You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms; the Mozilla Corporation may assign its rights under this Agreement without condition. (h) This Agreement will be binding upon and inure to the benefit of the parties, their successors and permitted assigns.
Version 3.0, May 2008
A source code version of certain Firefox Browser functionality that you may use, modify and distribute is available to you free-of-charge from www.mozilla.org under the Mozilla Public License and other open source software licenses.
The accompanying executable code version of Mozilla Firefox and related documentation (the "Product") is made available to you under the terms of this Mozilla Firefox End-User Software License Agreement (the "Agreement"). By clicking the "Accept" button, or by installing or using the Mozilla Firefox Browser, you are consenting to be bound by the Agreement. If you do not agree to the terms and conditions of this agreement, do not click the "Accept" button, and do not install or use any part of the Mozilla Firefox Browser.
During the Mozilla Firefox installation process, and at later times, you may be given the option of installing additional components from third-party software providers. The installation and use of those third-party components may be governed by additional license agreements.
1. LICENSE GRANT. The Mozilla Corporation grants you a non-exclusive license to use the executable code version of the Product. This Agreement will also govern any software upgrades provided by Mozilla that replace and/or supplement the original Product, unless such upgrades are accompanied by a separate license, in which case the terms of that license will govern.
2. TERMINATION. If you breach this Agreement your right to use the Product will terminate immediately and without notice, but all provisions of this Agreement except the License Grant (Paragraph 1) will survive termination and continue in effect. Upon termination, you must destroy all copies of the Product.
3. PROPRIETARY RIGHTS. Portions of the Product are available in source code form under the terms of the Mozilla Public License and other open source licenses (collectively, "Open Source Licenses") at http://www.mozilla.org/MPL. Nothing in this Agreement will be construed to limit any rights granted under the Open Source Licenses. Subject to the foregoing, Mozilla, for itself and on behalf of its licensors, hereby reserves all intellectual property rights in the Product, except for the rights expressly granted in this Agreement. You may not remove or alter any trademark, logo, copyright or other proprietary notice in or on the Product. This license does not grant you any right to use the trademarks, service marks or logos of Mozilla or its licensors.
4. PRIVACY POLICY. You agree to the Mozilla Firefox Privacy Policy, made available online at http://www.mozilla.com/legal/privacy/, as that policy may be changed from time to time. When Mozilla changes the policy in a material way a notice will be posted on the website at www.mozilla.com and when any change is made in the privacy policy, the updated policy will be posted at the above link. It is your responsibility to ensure that you understand the terms of the privacy policy, so you should periodically check the current version of the policy for changes.
5. WEBSITE INFORMATION SERVICES. Mozilla and its contributors, licensors and partners work to provide the most accurate and up-to-date phishing and malware information. However, they cannot guarantee that this information is comprehensive and error-free: some risky sites may not be identified, and some safe sites may be identified in error.
6. DISCLAIMER OF WARRANTY. The product is provided "as is" with all faults. To the extent permitted by law, Mozilla and Mozilla's distributors, and licensors hereby disclaim all warranties, whether express or implied, including without limitation warranties that the product is free of defects, merchantable, fit for a particular purpose and non-infringing. You bear the entire risk as to selecting the product for your purposes and as to the quality and performance of the product. This limitation will apply notwithstanding the failure of essential purpose of any remedy. Some jurisdictions do not allow the exclusion or limitation of implied warranties, so this disclaimer may not apply to you.
7. LIMITATION OF LIABILITY. Except as required by law, Mozilla and its distributors, directors, licensors, contributors and agents (collectively, the "Mozilla Group") will not be liable for any indirect, special, incidental, consequential or exemplary damages arising out of or in any way relating to this agreement or the use of or inability to use the product, including without limitation damages for loss of goodwill, work stoppage, lost profits, loss of data, and computer failure or malfunction, even if advised of the possibility of such damages and regardless of the theory (contract, tort or otherwise) upon which such claim is based. The Mozilla Group's collective liability under this agreement will not exceed the greater of $500 (five hundred dollars) and the fees paid by you under the license (if any). Some jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, so this exclusion and limitation may not apply to you.
8. EXPORT CONTROLS. This license is subject to all applicable export restrictions. You must comply with all export and import laws and restrictions and regulations of any United States or foreign agency or authority relating to the Product and its use.
9. U.S. GOVERNMENT END-USERS. This Product is a "commercial item," as that term is defined in 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995) and 48 C.F.R. 227.7202 (June 1995). Consistent with 48 C.F.R. 12.212, 48 C.F.R. 27.405(b)(2) (June 1998) and 48 C.F.R. 227.7202, all U.S. Government End Users acquire the Product with only those rights as set forth therein.
10. MISCELLANEOUS. (a) This Agreement constitutes the entire agreement between Mozilla and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of Mozilla. (b) Except to the extent applicable law, if any, provides otherwise, this Agreement will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions. (c) This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. (d) If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. (e) A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. (f) Except as required by law, the controlling language of this Agreement is English. (g) You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms; the Mozilla Corporation may assign its rights under this Agreement without condition. (h) This Agreement will be binding upon and inure to the benefit of the parties, their successors and permitted assigns.
Microsoft Visual C# 2008 Express Edition
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT VISUAL C# 2008 EXPRESS EDITION
These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft
· updates,
· supplements,
· Internet-based services, and
· support services
for this software, unless other terms accompany those items. If so, those terms apply.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE.
AS DESCRIBED BELOW, USING SOME FEATURES ALSO OPERATES AS YOUR CONSENT TO THE TRANSMISSION OF CERTAIN STANDARD COMPUTER INFORMATION FOR INTERNET-BASED SERVICES.
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS.
a. Installation and Use. One user may install and use any number of copies of the software on your devices to design, develop and test your programs.
b. Included Microsoft Programs. The software contains other Microsoft programs. These license terms apply to your use of those programs.
2. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.
a. Distributable Code. The software contains code that you are permitted to distribute in programs you develop if you comply with the terms below.
i. Right to Use and Distribute. The code and text files listed below are “Distributable Code.”
· REDIST.TXT Files. You may copy and distribute the object code form of code listed in REDIST.TXT files.
· Sample Code. You may modify, copy, and distribute the source and object code form of code marked as “sample.”
· Microsoft Merge Modules. You may copy and distribute the unmodified output of Microsoft Merge Modules.
· Third Party Distribution. You may permit distributors of your programs to copy and distribute the Distributable Code as part of those programs.
ii. Distribution Requirements. For any Distributable Code you distribute, you must
· add significant primary functionality to it in your programs;
· for any Distributable Code having a filename extension of .lib, distribute only the results of running such Distributable Code through a linker with your program;
· distribute Distributable Code included in a setup program only as part of that setup program without modification;
· require distributors and external end users to agree to terms that protect it at least as much as this agreement;
· display your valid copyright notice on your programs; and
· indemnify, defend, and hold harmless Microsoft from any claims, including attorneys’ fees, related to the distribution or use of your programs.
iii. Distribution Restrictions. You may not
· alter any copyright, trademark or patent notice in the Distributable Code;
· use Microsoft’s trademarks in your programs’ names or in a way that suggests your programs come from or are endorsed by Microsoft;
· distribute Distributable Code to run on a platform other than Microsoft operating systems, run-time technologies, or application platforms;
· include Distributable Code in malicious, deceptive or unlawful programs; or
· modify or distribute the source code of any Distributable Code so that any part of it becomes subject to an Excluded License. An Excluded License is one that requires, as a condition of use, modification or distribution, that
· the code be disclosed or distributed in source code form; or
· others have the right to modify it.
3. INTERNET-BASED SERVICES. Microsoft provides Internet-based services with the software. It may change or cancel them at any time.
a. Consent for Internet-Based Services. The software feature described below connects to Microsoft or service provider computer systems over the Internet. In some cases, you will not receive a separate notice when they connect. BY USING THIS FEATURE, YOU CONSENT TO THE TRANSMISSION OF THIS INFORMATION. Microsoft does not use the information to identify or contact you.
i. Computer Information. The following feature uses Internet protocols, which send to the appropriate systems computer information, such as your Internet protocol address, the type of operating system, browser and name and version of the software you are using, and the language code of the device where you installed the software. Microsoft uses this information to make the Internet-based service available to you.
Real Simple Syndication (“RSS”) Feed. This software start page contains updated content that is supplied by means of an RSS feed online from Microsoft.
4. PRODUCT KEYS. The software requires a key to install or access it. You are responsible for the use of the keys assigned to you. You should not share the keys with third parties.
5. MANDATORY ACTIVATION. TO PREVENT THE UNLICENSED USE, YOU WILL NOT BE ABLE TO USE THE SOFTWARE IF YOU DO NOT ACTIVATE IT AS DESCRIBED DURING INSTALLATION. You can activate the software by Internet or telephone; Internet and telephone service charges may apply. Some changes to your computer components or the software may require you to reactivate the software. THE SOFTWARE WILL REMIND YOU TO ACTIVATE UNTIL YOU DO.
6. SQL SERVER BENCHMARK TESTING. You must obtain Microsoft’s prior written approval to disclose to a third party the results of any benchmark test of the SQL Server software that accompanies this software.
7. MICROSOFT .NET FRAMEWORK SOFTWARE. The software contains Microsoft .NET Framework software. This software is part of Windows. The license terms for Windows apply to your use of this .NET Framework component.
8. MICROSOFT .NET FRAMEWORK BENCHMARK TESTING. The software includes the .NET Framework component of the Windows operating systems (“.NET Component”). You may conduct internal benchmark testing of the .NET (“.NET Component”). You may disclose the results of any benchmark test of the .NET Component, provided that you comply with the following terms: (1) you must disclose all the information necessary for replication of the tests, including complete and accurate details of your benchmark testing methodology, the test scripts/cases, tuning parameters applied, hardware and software platforms tested, the name and version number of any third party testing tool used to conduct the testing, and complete source code for the benchmark suite/harness that is developed by or for you and used to test both the .NET Component and the competing implementation(s); (2) you must disclose the date(s) that you conducted the benchmark tests, along with specific version information for all Microsoft software products tested, including the .NET Component; (3) your benchmark testing was performed using all performance tuning and best practice guidance set forth in the product documentation and/or on Microsoft’s support web sites, and uses the latest updates, patches and fixes available for the .NET Component and the relevant Microsoft operating system; (4) it shall be sufficient if you make the disclosures provided for above at a publicly available location such as a website, so long as every public disclosure of the results of your benchmark test expressly identifies the public site containing all required disclosures; and (5) nothing in this provision shall be deemed to waive any other right that you may have to conduct benchmark testing. The foregoing obligations shall not apply to your disclosure of the results of any customized benchmark test of the .NET Component, whereby such disclosure is made under confidentiality in conjunction with a bid request by a prospective customer, such customer’s application(s) are specifically tested and the results are only disclosed to such specific customer. Notwithstanding any other agreement you may have with Microsoft, if you disclose such benchmark test results, Microsoft shall have the right to disclose the results of benchmark tests it conducts of your products that compete with the .NET Component, provided it complies with the same conditions above.
9. Scope of License. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not work around any technical limitations in the software. For example, Microsoft has technically limited or disabled extensibility for the software, and so you may not extend the software by, among other things, loading or injecting into the software any non-Microsoft add-ins, macros, or packages; modifying the software registry settings; or adding features or functionality equivalent to that found in other Visual Studio products.
You also may not
· reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
· make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
· publish the software for others to copy;
· rent, lease or lend the software;
· transfer the software or this agreement to any third party; or
· use the software for commercial software hosting services.
10. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software.
11. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
12. Export Restrictions. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting.
13. SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it.
14. Entire Agreement. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
15. Applicable Law.
a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.
16. Legal Effect. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
17. Disclaimer of Warranty. The software is licensed “as-is.” You bear the risk of using it. Microsoft gives no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws which this agreement cannot change. To the extent permitted under your local laws, Microsoft excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
18. Limitation on and Exclusion of Remedies and Damages. You can recover from Microsoft and its suppliers only direct damages up to U.S. $5.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.
This limitation applies to
· anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
· claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
MICROSOFT VISUAL C# 2008 EXPRESS EDITION
These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft
· updates,
· supplements,
· Internet-based services, and
· support services
for this software, unless other terms accompany those items. If so, those terms apply.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE.
AS DESCRIBED BELOW, USING SOME FEATURES ALSO OPERATES AS YOUR CONSENT TO THE TRANSMISSION OF CERTAIN STANDARD COMPUTER INFORMATION FOR INTERNET-BASED SERVICES.
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS.
a. Installation and Use. One user may install and use any number of copies of the software on your devices to design, develop and test your programs.
b. Included Microsoft Programs. The software contains other Microsoft programs. These license terms apply to your use of those programs.
2. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.
a. Distributable Code. The software contains code that you are permitted to distribute in programs you develop if you comply with the terms below.
i. Right to Use and Distribute. The code and text files listed below are “Distributable Code.”
· REDIST.TXT Files. You may copy and distribute the object code form of code listed in REDIST.TXT files.
· Sample Code. You may modify, copy, and distribute the source and object code form of code marked as “sample.”
· Microsoft Merge Modules. You may copy and distribute the unmodified output of Microsoft Merge Modules.
· Third Party Distribution. You may permit distributors of your programs to copy and distribute the Distributable Code as part of those programs.
ii. Distribution Requirements. For any Distributable Code you distribute, you must
· add significant primary functionality to it in your programs;
· for any Distributable Code having a filename extension of .lib, distribute only the results of running such Distributable Code through a linker with your program;
· distribute Distributable Code included in a setup program only as part of that setup program without modification;
· require distributors and external end users to agree to terms that protect it at least as much as this agreement;
· display your valid copyright notice on your programs; and
· indemnify, defend, and hold harmless Microsoft from any claims, including attorneys’ fees, related to the distribution or use of your programs.
iii. Distribution Restrictions. You may not
· alter any copyright, trademark or patent notice in the Distributable Code;
· use Microsoft’s trademarks in your programs’ names or in a way that suggests your programs come from or are endorsed by Microsoft;
· distribute Distributable Code to run on a platform other than Microsoft operating systems, run-time technologies, or application platforms;
· include Distributable Code in malicious, deceptive or unlawful programs; or
· modify or distribute the source code of any Distributable Code so that any part of it becomes subject to an Excluded License. An Excluded License is one that requires, as a condition of use, modification or distribution, that
· the code be disclosed or distributed in source code form; or
· others have the right to modify it.
3. INTERNET-BASED SERVICES. Microsoft provides Internet-based services with the software. It may change or cancel them at any time.
a. Consent for Internet-Based Services. The software feature described below connects to Microsoft or service provider computer systems over the Internet. In some cases, you will not receive a separate notice when they connect. BY USING THIS FEATURE, YOU CONSENT TO THE TRANSMISSION OF THIS INFORMATION. Microsoft does not use the information to identify or contact you.
i. Computer Information. The following feature uses Internet protocols, which send to the appropriate systems computer information, such as your Internet protocol address, the type of operating system, browser and name and version of the software you are using, and the language code of the device where you installed the software. Microsoft uses this information to make the Internet-based service available to you.
Real Simple Syndication (“RSS”) Feed. This software start page contains updated content that is supplied by means of an RSS feed online from Microsoft.
4. PRODUCT KEYS. The software requires a key to install or access it. You are responsible for the use of the keys assigned to you. You should not share the keys with third parties.
5. MANDATORY ACTIVATION. TO PREVENT THE UNLICENSED USE, YOU WILL NOT BE ABLE TO USE THE SOFTWARE IF YOU DO NOT ACTIVATE IT AS DESCRIBED DURING INSTALLATION. You can activate the software by Internet or telephone; Internet and telephone service charges may apply. Some changes to your computer components or the software may require you to reactivate the software. THE SOFTWARE WILL REMIND YOU TO ACTIVATE UNTIL YOU DO.
6. SQL SERVER BENCHMARK TESTING. You must obtain Microsoft’s prior written approval to disclose to a third party the results of any benchmark test of the SQL Server software that accompanies this software.
7. MICROSOFT .NET FRAMEWORK SOFTWARE. The software contains Microsoft .NET Framework software. This software is part of Windows. The license terms for Windows apply to your use of this .NET Framework component.
8. MICROSOFT .NET FRAMEWORK BENCHMARK TESTING. The software includes the .NET Framework component of the Windows operating systems (“.NET Component”). You may conduct internal benchmark testing of the .NET (“.NET Component”). You may disclose the results of any benchmark test of the .NET Component, provided that you comply with the following terms: (1) you must disclose all the information necessary for replication of the tests, including complete and accurate details of your benchmark testing methodology, the test scripts/cases, tuning parameters applied, hardware and software platforms tested, the name and version number of any third party testing tool used to conduct the testing, and complete source code for the benchmark suite/harness that is developed by or for you and used to test both the .NET Component and the competing implementation(s); (2) you must disclose the date(s) that you conducted the benchmark tests, along with specific version information for all Microsoft software products tested, including the .NET Component; (3) your benchmark testing was performed using all performance tuning and best practice guidance set forth in the product documentation and/or on Microsoft’s support web sites, and uses the latest updates, patches and fixes available for the .NET Component and the relevant Microsoft operating system; (4) it shall be sufficient if you make the disclosures provided for above at a publicly available location such as a website, so long as every public disclosure of the results of your benchmark test expressly identifies the public site containing all required disclosures; and (5) nothing in this provision shall be deemed to waive any other right that you may have to conduct benchmark testing. The foregoing obligations shall not apply to your disclosure of the results of any customized benchmark test of the .NET Component, whereby such disclosure is made under confidentiality in conjunction with a bid request by a prospective customer, such customer’s application(s) are specifically tested and the results are only disclosed to such specific customer. Notwithstanding any other agreement you may have with Microsoft, if you disclose such benchmark test results, Microsoft shall have the right to disclose the results of benchmark tests it conducts of your products that compete with the .NET Component, provided it complies with the same conditions above.
9. Scope of License. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not work around any technical limitations in the software. For example, Microsoft has technically limited or disabled extensibility for the software, and so you may not extend the software by, among other things, loading or injecting into the software any non-Microsoft add-ins, macros, or packages; modifying the software registry settings; or adding features or functionality equivalent to that found in other Visual Studio products.
You also may not
· reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
· make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
· publish the software for others to copy;
· rent, lease or lend the software;
· transfer the software or this agreement to any third party; or
· use the software for commercial software hosting services.
10. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software.
11. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
12. Export Restrictions. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting.
13. SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it.
14. Entire Agreement. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
15. Applicable Law.
a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.
16. Legal Effect. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
17. Disclaimer of Warranty. The software is licensed “as-is.” You bear the risk of using it. Microsoft gives no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws which this agreement cannot change. To the extent permitted under your local laws, Microsoft excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
18. Limitation on and Exclusion of Remedies and Damages. You can recover from Microsoft and its suppliers only direct damages up to U.S. $5.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.
This limitation applies to
· anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
· claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
Wednesday, May 14, 2008
Microsoft Office Visio Viewer 2007
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT OFFICE VIEWER 2007
These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft
• updates,
• supplements,
• Internet-based services, and
• support services
for this software, unless other terms accompany those items. If so, those terms apply.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE.
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS.
a. General. You may install and use any number of copies of the software on your devices. You may use the software only to view and print files created with Microsoft Office software. You may not use the software for any other purpose.
b. Distribution. You may copy and distribute the software, provided that:
• each copy is complete and unmodified, including presentation of this agreement for each user's acceptance; and
• you indemnify, defend, and hold harmless Microsoft and its affiliates and suppliers from any claims, including attorneys’ fees, related to your distribution of the software.
You may not:
• distribute the software with any non-Microsoft software that may use the software to enhance its functionality,
• alter any copyright, trademark or patent notices in the software,
• use Microsoft’s or affiliates or suppliers’ name, logo or trademarks to market your products or services,
• distribute the software with malicious, deceptive or unlawful programs, or
• modify or distribute the software so that any part of it becomes subject to an Excluded License. An Excluded License is one that requires, as a condition of use, modification or distribution, that
• the code be disclosed or distributed in source code form; or
• others have the right to modify it.
2. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
• work around any technical limitations in the software;
• reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
• make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
• publish the software for others to copy;
• rent, lease or lend the software; or
• use the software for commercial software hosting services.
3. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software.
4. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
5. TRANSFER TO ANOTHER DEVICE. You may uninstall the software and install it on another device for your use. You may not do so to share this license between devices.
6. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting.
7. SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it.
8. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
9. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.
10. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
11. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED “AS-IS.” YOU BEAR THE RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
12. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to
• anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
• claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
EULAID:O12_RTM_VWR.0_ALL_EN
MICROSOFT OFFICE VIEWER 2007
These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft
• updates,
• supplements,
• Internet-based services, and
• support services
for this software, unless other terms accompany those items. If so, those terms apply.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE.
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS.
a. General. You may install and use any number of copies of the software on your devices. You may use the software only to view and print files created with Microsoft Office software. You may not use the software for any other purpose.
b. Distribution. You may copy and distribute the software, provided that:
• each copy is complete and unmodified, including presentation of this agreement for each user's acceptance; and
• you indemnify, defend, and hold harmless Microsoft and its affiliates and suppliers from any claims, including attorneys’ fees, related to your distribution of the software.
You may not:
• distribute the software with any non-Microsoft software that may use the software to enhance its functionality,
• alter any copyright, trademark or patent notices in the software,
• use Microsoft’s or affiliates or suppliers’ name, logo or trademarks to market your products or services,
• distribute the software with malicious, deceptive or unlawful programs, or
• modify or distribute the software so that any part of it becomes subject to an Excluded License. An Excluded License is one that requires, as a condition of use, modification or distribution, that
• the code be disclosed or distributed in source code form; or
• others have the right to modify it.
2. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
• work around any technical limitations in the software;
• reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
• make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
• publish the software for others to copy;
• rent, lease or lend the software; or
• use the software for commercial software hosting services.
3. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software.
4. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
5. TRANSFER TO ANOTHER DEVICE. You may uninstall the software and install it on another device for your use. You may not do so to share this license between devices.
6. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting.
7. SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it.
8. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
9. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.
10. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
11. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED “AS-IS.” YOU BEAR THE RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
12. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to
• anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
• claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
EULAID:O12_RTM_VWR.0_ALL_EN
Monday, April 07, 2008
BBC iPlayer
BBC iPlayer Terms and Conditions
These terms and conditions apply to your use of the BBC iPlayer service ("Terms"). BBC iPlayer is provided to you by the British Broadcasting Corporation, a public corporation incorporated by Royal Charter under the laws of the United Kingdom (principal office: Broadcasting House, Portland Place, London, W1A 1AA) ("BBC"). BBC iPlayer is: the BBC television and radio programming and related content ("BBC Content") and services offered at the website www.bbc.co.uk/iplayer including the BBC iPlayer Download Manager software that enables you to download BBC Content (together "BBC iPlayer").
Please read carefully the terms and conditions for use of BBC iPlayer.
1. By using BBC iPlayer you agree to be legally bound by these Terms, which shall take effect immediately on your first use of BBC iPlayer. If you do not agree to be legally bound by all the following terms please do not access and/or use BBC iPlayer.
Use of BBC iPlayer
2. All BBC Content is selected, supplied and updated at the BBC's sole discretion.
3. Downloadable BBC Content is available for download within the UK only.
4. Downloadable BBC Content will only be available for download after its BBC transmission.
5. In order to meet the BBC's obligations to rights holders, the BBC will embed downloadable BBC with digital rights management security. The expiry date for the BBC Content that you download will vary according to the agreements BBC has with rights holders of that content. BBC Content will be automatically deleted from your computer once its expiry date has been reached.
6. If you delete or lose BBC Content that you have downloaded you may not be able to download that content again.
7. In future versions of BBC iPlayer you may also automatically receive a small number of TV and radio promotional trailers per week as part of BBC iPlayer.
8. If you permit a child to use your computer you are solely responsible for determining whether the BBC Content is appropriate for that child to view. BBC Parental Guidance provides a way to help you control the types of BBC Content that your computer can access. If you turn on BBC Parental Guidance your computer will not be able to access Guidance labelled programmes unless you type in a password. You can adjust the settings using the BBC Parental Guidance link at the top right of any BBC iPlayer page. You can also set Parental Guidance preferences in the Download Manager so that you'll be asked to enter a PIN when you want to play back Guidance labelled programmes in the Download Manager. Please be aware that if you do not set up BBC Parental Guidance any child using your computer will be able to view all programmes including Guidance labelled programmes.
9. The BBC is interested in your feedback on BBC iPlayer and may contact you by email to invite you to participate in focus groups or send you a survey or request an interview for your feedback for publication or broadcast. You will always have the option to choose not to take part in any such activities.
10. BBC Content may contain content you consider indecent, objectionable or offensive. If you are concerned please look at the guidance labelling prior to accessing and using BBC Content or use the BBC Parental Guidance feature.
11. The BBC reserves the right to modify, suspend or discontinue BBC iPlayer and or all or part of the BBC Content without notice.
12. You agree:
· not to download or attempt to download the BBC Content if you are outside the UK;
· that you are responsible for paying all expenses that you may incur in connection with your access to and use of BBC iPlayer including your internet service provider charges and any excess charges to that provider if you have a cap on downloads and/or uploads and all costs of the equipment and software you need to connect to and use BBC iPlayer. BBC is not responsible if your equipment or software is not compatible with BBC iPlayer;
· that it is your responsibility to keep your password confidential and you are responsible for all activity that occurs under your user name and password;
· that you will not disrupt or attempt to disrupt BBC iPlayer or BBC Content. This includes you agreeing not to use BBC iPlayer to distribute a software virus, or use BBC iPlayer to engage in harmful, harassing or otherwise objectionable activity;
· that you will not infringe or attempt to infringe the privacy of other BBC iPlayer users. This includes you storing or attempting to store personal data or usage details of other BBC iPlayer users;
· not to infringe any applicable law including copyright law when accessing and using BBC iPlayer;
· not to subject the BBC iPlayer and/or the BBC Content to any derogatory treatment or use them in such a way that would bring the BBC into disrepute, or cause the BBC to incur liability to any third party;
· not to attempt to, or assist any other person to, copy, reproduce, lend, hire, broadcast, distribute or transmit in any other way the BBC Content in whole or in part other than by using the “Link to this Feature”or as permitted in these Terms or to circumvent or remove the digital rights security measures embedded in the BBC Content;
· not to attempt to, or assist any other person to reverse engineer, de-compile, disassemble, alter, duplicate, modify, rent, lease, loan, sub-licence, make copies, create derivative works from, distribute or provide others with the BBC iPlayer Download Manager in whole or part, except as expressly permitted in these Terms and to the extent permitted by law.
Privacy
13. You agree:
· that the BBC and its service providers may use the personal data and usage data collected from you raccess to and use of BBC iPlayer together with other information (such as region and year of birth and any information you provided to the BBC if you registered to receive BBC iPlayer updates) for the purposes of processing, administering, sending you BBC iPlayer updates if requested by you, capacity management, evaluating (including collecting statistics on combined users' usage and which may be carried out by service providers on the BBC's behalf) and improving your experience of BBC iPlayer, or for getting and responding to feedback (including as described at paragraph 9 above) or help requests from you on BBC iPlayer and the BBC may contact you to assist with these purposes. Only where you have opted to do so will the BBC use the personal details you provide to send you marketing information about BBC iPlayer by email. The BBC will not use your personal data for any other purposes, except as set out in these Terms and/or in our privacy and cookies policy (www.bbc.co.uk/privacy); and
· that if you infringe these Terms, the BBC may get and use the information that it holds concerning your use and access to the BBC iPlayer and any information that is available to it about you to stop your infringement. You agree that this information may be disclosed to relevant third parties if it is necessary (and BBC deems it is proportionate to the infringement) to disclose that information for the purpose of the BBC tracing infringement of these Terms by you. This may include informing relevant third parties (such as your email provider, or the administrator of a message board) about an infringement of the Terms and getting information from these parties that will enable the BBC to identify you and remove your access to BBC iPlayer.
· The BBC's Privacy & Cookies Policy http://www.bbc.co.uk/iplayer/help/legal/privacycookiespolicy.shtml , as amended and supplemented by these Terms, applies to BBC iPlayer.
Software that the BBC provides to you
14. So that you can download BBC Content the BBC has provided you with the Download Manager.
15. When you install the Download Manager you will also install peer-to-peer file sharing software from Verisign Inc. This software has a file share feature that enables other BBC iPlayer users to download BBC Content through your personal computer (using part of your upload bandwidth), via a secure link, to their personal computers. Other BBC iPlayer users and the BBC will not have the ability to access any files on your computer other than those relating to BBC iPlayer Content. The peer-to-peer functionality is automatically turned on as a default setting. You can change your settings so that the peer-to-peer functionality does not share files automatically when your computer boots up or when you close the BBC iPlayer Download Manager. Please go to the BBC iPlayer FAQ section http://iplayersupport.external.bbc.co.uk/cgi-bin/bbciplayer.cfg/php/enduser/home.php?p_sid=R3_m_BTi for further information about how peer-to-peer sharing works and how to change your peer-to-peer file sharing options.
16. Provided you comply with the Terms, the BBC grants you a limited, non-exclusive, personal, non-sub-licensable, non-assignable licence to install and use the Download Manager on a personal computer for personal, non-commercial purposes. You may make copies of the BBC iPlayer in machine-readable form for backup purposes only. The backup copy must include all copyright information contained on the original.
17. When the BBC offers you updates to the Download Manager you are solely responsible for installing that update. You acknowledge that you may not be able to access and use BBC iPlayer until you install an update. Please note, you may no longer be able to use the BBC Content you downloaded prior to installation of an update and you acknowledge BBC shall have no liability to you if that occurs.
Intellectual Property
18. BBC owns all intellectual property in the Download Manager and you agree not to copy, disclose, provide or otherwise make available for unauthorised use the Download Manager, the BBC Content, BBC's name, BBC's logo and all other trade marks appearing on BBC iPlayer.
Liability
19. BBC iPlayer and BBC Content is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied or statutory (to the extent permitted by law), including but not limited to warranties of fitness for a particular purpose, satisfactory quality, the BBC's rights to use any of the BBC Content in the BBC iPlayer or in respect of the availability or performance of BBC iPlayer. Any data you download through the Download Manager is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download or use of any such data.
20. The BBC does not represent or warrant that the BBC iPlayer or the BBC Content or the server(s) that make them available will be uninterrupted, timely, secure and free from bugs, viruses and errors.
21. Under no circumstances will the BBC or its service providers be liable to you or any third party for any of the following losses or damage, whether such losses or damage were foreseen, foreseeable, known or otherwise: (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of reputation or goodwill; or (f) any indirect, incidental, consequential, special or exemplary damages arising from your access and use of BBC iPlayer. You agree that this exclusion of liability is a fair allocation of risk. Nothing in these Terms shall exclude or limit either party's liability for the tort of deceit, death or personal injury caused by negligence.
22. You are solely responsible for adequate protection and backup of your data and equipment used with BBC iPlayer, and BBC will not be liable for any damages that you may incur by installing and using the Download Manager (including Verisign's peer-to-peer file sharing software).
23. You are solely responsible for your internet service provider charges.
24. You agree to fully indemnify the BBC from all actions, claims, threats, proceedings, costs (including legal costs and expenses properly incurred), damages, charges, losses, expenses, demands or liabilities brought against, suffered or incurred by the BBC as a result of: (1) any breach or non-observance or suspected breach by you of any of your obligations or undertakings contained in these Terms; (2) your negligence or wilful default; or (3) any claims from third parties made as a result of your acts or omissions whatsoever arising from the use of the BBC Content and/or the BBC iPlayer under these Terms (including without limitation any claims arising from or incurred because of any infringement or alleged infringement of intellectual property rights).
Termination
25. The BBC reserves the right to remove your access to BBC iPlayer and terminate your membership with immediate effect and without notice including terminating your licence to use the Download Manager if:
· in its sole opinion the BBC Content and/or BBC iPlayer is used inappropriately, incompetently or in any manner that might constitute derogatory treatment of the BBC or the BBC Content or might bring the BBC into disrepute or in a manner that might be construed to be prejudicial to the image of the BBC; or
· you commit an irremediable breach of the Terms or fail to remedy a remediable breach within a reasonable period having been requested to do so by the BBC; or
· you commit an irremediable breach of the Terms or fail to remedy a remediable breach within a reasonable period having been requested to do so by the BBC; or
· there is, in the BBC's reasonable opinion, any financial, editorial or other substantial reason why the BBC iPlayer needs to be withdrawn early.
Upon termination of your licence to use the Download Manager the BBC shall cease to make the BBC Content available to you. You shall be required to promptly delete the Download Manager and all BBC Content from your personal computer.
General
26. The BBC may change these terms at any time by posting changes online. Please review these terms regularly to ensure you are aware of any changes made by the BBC. Your continued use of BBC iPlayer after changes are posted means you agree to be legally bound by these terms as updated and/or amended.
27. The BBC's Terms of Use http://www.bbc.co.uk/iplayer/help/legal/bbctermsofuse.shtml form part of these Terms as BBC iPlayer forms part of bbc.co.uk, and together are the entire understanding between you and the BBC in relation to BBC iPlayer, and supersedes all prior agreements, negotiations and arrangements made by you and the BBC whether oral or written. To the extent of any inconsistency, these terms shall prevail over the BBC Terms of use http://www.bbc.co.uk/iplayer/help/legal/bbctermsofuse.shtml.
28. The failure or delay of the BBC to exercise or enforce any right in the Terms does not waive BBC's right to enforce that right.
29. Apart from the exclusion of liability to BBC's service providers as set out at Clause 20 above, these Terms do not create or infer any rights under the Contracts (Rights of Third Parties) Act 1999 that are enforceable by any person who is not party to the Terms.
For further help, please search our Support pages
These terms and conditions apply to your use of the BBC iPlayer service ("Terms"). BBC iPlayer is provided to you by the British Broadcasting Corporation, a public corporation incorporated by Royal Charter under the laws of the United Kingdom (principal office: Broadcasting House, Portland Place, London, W1A 1AA) ("BBC"). BBC iPlayer is: the BBC television and radio programming and related content ("BBC Content") and services offered at the website www.bbc.co.uk/iplayer including the BBC iPlayer Download Manager software that enables you to download BBC Content (together "BBC iPlayer").
Please read carefully the terms and conditions for use of BBC iPlayer.
1. By using BBC iPlayer you agree to be legally bound by these Terms, which shall take effect immediately on your first use of BBC iPlayer. If you do not agree to be legally bound by all the following terms please do not access and/or use BBC iPlayer.
Use of BBC iPlayer
2. All BBC Content is selected, supplied and updated at the BBC's sole discretion.
3. Downloadable BBC Content is available for download within the UK only.
4. Downloadable BBC Content will only be available for download after its BBC transmission.
5. In order to meet the BBC's obligations to rights holders, the BBC will embed downloadable BBC with digital rights management security. The expiry date for the BBC Content that you download will vary according to the agreements BBC has with rights holders of that content. BBC Content will be automatically deleted from your computer once its expiry date has been reached.
6. If you delete or lose BBC Content that you have downloaded you may not be able to download that content again.
7. In future versions of BBC iPlayer you may also automatically receive a small number of TV and radio promotional trailers per week as part of BBC iPlayer.
8. If you permit a child to use your computer you are solely responsible for determining whether the BBC Content is appropriate for that child to view. BBC Parental Guidance provides a way to help you control the types of BBC Content that your computer can access. If you turn on BBC Parental Guidance your computer will not be able to access Guidance labelled programmes unless you type in a password. You can adjust the settings using the BBC Parental Guidance link at the top right of any BBC iPlayer page. You can also set Parental Guidance preferences in the Download Manager so that you'll be asked to enter a PIN when you want to play back Guidance labelled programmes in the Download Manager. Please be aware that if you do not set up BBC Parental Guidance any child using your computer will be able to view all programmes including Guidance labelled programmes.
9. The BBC is interested in your feedback on BBC iPlayer and may contact you by email to invite you to participate in focus groups or send you a survey or request an interview for your feedback for publication or broadcast. You will always have the option to choose not to take part in any such activities.
10. BBC Content may contain content you consider indecent, objectionable or offensive. If you are concerned please look at the guidance labelling prior to accessing and using BBC Content or use the BBC Parental Guidance feature.
11. The BBC reserves the right to modify, suspend or discontinue BBC iPlayer and or all or part of the BBC Content without notice.
12. You agree:
· not to download or attempt to download the BBC Content if you are outside the UK;
· that you are responsible for paying all expenses that you may incur in connection with your access to and use of BBC iPlayer including your internet service provider charges and any excess charges to that provider if you have a cap on downloads and/or uploads and all costs of the equipment and software you need to connect to and use BBC iPlayer. BBC is not responsible if your equipment or software is not compatible with BBC iPlayer;
· that it is your responsibility to keep your password confidential and you are responsible for all activity that occurs under your user name and password;
· that you will not disrupt or attempt to disrupt BBC iPlayer or BBC Content. This includes you agreeing not to use BBC iPlayer to distribute a software virus, or use BBC iPlayer to engage in harmful, harassing or otherwise objectionable activity;
· that you will not infringe or attempt to infringe the privacy of other BBC iPlayer users. This includes you storing or attempting to store personal data or usage details of other BBC iPlayer users;
· not to infringe any applicable law including copyright law when accessing and using BBC iPlayer;
· not to subject the BBC iPlayer and/or the BBC Content to any derogatory treatment or use them in such a way that would bring the BBC into disrepute, or cause the BBC to incur liability to any third party;
· not to attempt to, or assist any other person to, copy, reproduce, lend, hire, broadcast, distribute or transmit in any other way the BBC Content in whole or in part other than by using the “Link to this Feature”or as permitted in these Terms or to circumvent or remove the digital rights security measures embedded in the BBC Content;
· not to attempt to, or assist any other person to reverse engineer, de-compile, disassemble, alter, duplicate, modify, rent, lease, loan, sub-licence, make copies, create derivative works from, distribute or provide others with the BBC iPlayer Download Manager in whole or part, except as expressly permitted in these Terms and to the extent permitted by law.
Privacy
13. You agree:
· that the BBC and its service providers may use the personal data and usage data collected from you raccess to and use of BBC iPlayer together with other information (such as region and year of birth and any information you provided to the BBC if you registered to receive BBC iPlayer updates) for the purposes of processing, administering, sending you BBC iPlayer updates if requested by you, capacity management, evaluating (including collecting statistics on combined users' usage and which may be carried out by service providers on the BBC's behalf) and improving your experience of BBC iPlayer, or for getting and responding to feedback (including as described at paragraph 9 above) or help requests from you on BBC iPlayer and the BBC may contact you to assist with these purposes. Only where you have opted to do so will the BBC use the personal details you provide to send you marketing information about BBC iPlayer by email. The BBC will not use your personal data for any other purposes, except as set out in these Terms and/or in our privacy and cookies policy (www.bbc.co.uk/privacy); and
· that if you infringe these Terms, the BBC may get and use the information that it holds concerning your use and access to the BBC iPlayer and any information that is available to it about you to stop your infringement. You agree that this information may be disclosed to relevant third parties if it is necessary (and BBC deems it is proportionate to the infringement) to disclose that information for the purpose of the BBC tracing infringement of these Terms by you. This may include informing relevant third parties (such as your email provider, or the administrator of a message board) about an infringement of the Terms and getting information from these parties that will enable the BBC to identify you and remove your access to BBC iPlayer.
· The BBC's Privacy & Cookies Policy http://www.bbc.co.uk/iplayer/help/legal/privacycookiespolicy.shtml , as amended and supplemented by these Terms, applies to BBC iPlayer.
Software that the BBC provides to you
14. So that you can download BBC Content the BBC has provided you with the Download Manager.
15. When you install the Download Manager you will also install peer-to-peer file sharing software from Verisign Inc. This software has a file share feature that enables other BBC iPlayer users to download BBC Content through your personal computer (using part of your upload bandwidth), via a secure link, to their personal computers. Other BBC iPlayer users and the BBC will not have the ability to access any files on your computer other than those relating to BBC iPlayer Content. The peer-to-peer functionality is automatically turned on as a default setting. You can change your settings so that the peer-to-peer functionality does not share files automatically when your computer boots up or when you close the BBC iPlayer Download Manager. Please go to the BBC iPlayer FAQ section http://iplayersupport.external.bbc.co.uk/cgi-bin/bbciplayer.cfg/php/enduser/home.php?p_sid=R3_m_BTi for further information about how peer-to-peer sharing works and how to change your peer-to-peer file sharing options.
16. Provided you comply with the Terms, the BBC grants you a limited, non-exclusive, personal, non-sub-licensable, non-assignable licence to install and use the Download Manager on a personal computer for personal, non-commercial purposes. You may make copies of the BBC iPlayer in machine-readable form for backup purposes only. The backup copy must include all copyright information contained on the original.
17. When the BBC offers you updates to the Download Manager you are solely responsible for installing that update. You acknowledge that you may not be able to access and use BBC iPlayer until you install an update. Please note, you may no longer be able to use the BBC Content you downloaded prior to installation of an update and you acknowledge BBC shall have no liability to you if that occurs.
Intellectual Property
18. BBC owns all intellectual property in the Download Manager and you agree not to copy, disclose, provide or otherwise make available for unauthorised use the Download Manager, the BBC Content, BBC's name, BBC's logo and all other trade marks appearing on BBC iPlayer.
Liability
19. BBC iPlayer and BBC Content is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied or statutory (to the extent permitted by law), including but not limited to warranties of fitness for a particular purpose, satisfactory quality, the BBC's rights to use any of the BBC Content in the BBC iPlayer or in respect of the availability or performance of BBC iPlayer. Any data you download through the Download Manager is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download or use of any such data.
20. The BBC does not represent or warrant that the BBC iPlayer or the BBC Content or the server(s) that make them available will be uninterrupted, timely, secure and free from bugs, viruses and errors.
21. Under no circumstances will the BBC or its service providers be liable to you or any third party for any of the following losses or damage, whether such losses or damage were foreseen, foreseeable, known or otherwise: (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of reputation or goodwill; or (f) any indirect, incidental, consequential, special or exemplary damages arising from your access and use of BBC iPlayer. You agree that this exclusion of liability is a fair allocation of risk. Nothing in these Terms shall exclude or limit either party's liability for the tort of deceit, death or personal injury caused by negligence.
22. You are solely responsible for adequate protection and backup of your data and equipment used with BBC iPlayer, and BBC will not be liable for any damages that you may incur by installing and using the Download Manager (including Verisign's peer-to-peer file sharing software).
23. You are solely responsible for your internet service provider charges.
24. You agree to fully indemnify the BBC from all actions, claims, threats, proceedings, costs (including legal costs and expenses properly incurred), damages, charges, losses, expenses, demands or liabilities brought against, suffered or incurred by the BBC as a result of: (1) any breach or non-observance or suspected breach by you of any of your obligations or undertakings contained in these Terms; (2) your negligence or wilful default; or (3) any claims from third parties made as a result of your acts or omissions whatsoever arising from the use of the BBC Content and/or the BBC iPlayer under these Terms (including without limitation any claims arising from or incurred because of any infringement or alleged infringement of intellectual property rights).
Termination
25. The BBC reserves the right to remove your access to BBC iPlayer and terminate your membership with immediate effect and without notice including terminating your licence to use the Download Manager if:
· in its sole opinion the BBC Content and/or BBC iPlayer is used inappropriately, incompetently or in any manner that might constitute derogatory treatment of the BBC or the BBC Content or might bring the BBC into disrepute or in a manner that might be construed to be prejudicial to the image of the BBC; or
· you commit an irremediable breach of the Terms or fail to remedy a remediable breach within a reasonable period having been requested to do so by the BBC; or
· you commit an irremediable breach of the Terms or fail to remedy a remediable breach within a reasonable period having been requested to do so by the BBC; or
· there is, in the BBC's reasonable opinion, any financial, editorial or other substantial reason why the BBC iPlayer needs to be withdrawn early.
Upon termination of your licence to use the Download Manager the BBC shall cease to make the BBC Content available to you. You shall be required to promptly delete the Download Manager and all BBC Content from your personal computer.
General
26. The BBC may change these terms at any time by posting changes online. Please review these terms regularly to ensure you are aware of any changes made by the BBC. Your continued use of BBC iPlayer after changes are posted means you agree to be legally bound by these terms as updated and/or amended.
27. The BBC's Terms of Use http://www.bbc.co.uk/iplayer/help/legal/bbctermsofuse.shtml form part of these Terms as BBC iPlayer forms part of bbc.co.uk, and together are the entire understanding between you and the BBC in relation to BBC iPlayer, and supersedes all prior agreements, negotiations and arrangements made by you and the BBC whether oral or written. To the extent of any inconsistency, these terms shall prevail over the BBC Terms of use http://www.bbc.co.uk/iplayer/help/legal/bbctermsofuse.shtml.
28. The failure or delay of the BBC to exercise or enforce any right in the Terms does not waive BBC's right to enforce that right.
29. Apart from the exclusion of liability to BBC's service providers as set out at Clause 20 above, these Terms do not create or infer any rights under the Contracts (Rights of Third Parties) Act 1999 that are enforceable by any person who is not party to the Terms.
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