DIVX, INC. (“Licensor”) LICENSE
THE FOLLOWING TERMS AND CONDITIONS (THE “EULA”) SET FORTH THE RIGHTS BEING LICENSED TO YOU (THE “CUSTOMER”) FOR USE OF THIS SOFTWARE. THESE RIGHTS ARE THE ONLY RIGHTS YOU HAVE TO THE SOFTWARE, SO IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS EULA, DO NOT USE THE SOFTWARE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS". THERE ARE NO WARRANTIES UNDER THIS EULA, AND LICENSOR DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.
ASSENT: By clicking “I Agree” below, or by opening the file package containing the Software, you agree that this EULA is a legally binding and valid contract, agree to abide by all of the terms and conditions of this EULA, and further agree to take all necessary steps to ensure that the terms and conditions of this EULA are not violated by any person or entity under your control or in your service.
GRANT OF LICENSE: Licensor grants to you this personal, limited, non-exclusive, non-transferable, non-assignable license solely to use in a single copy of the Software on a single computer or device for use by a single concurrent user only, and solely provided that you adhere to all of the terms and conditions of this EULA. The Third-Party Software distributed along with the Software is distributed pursuant to the respective license grants accompanying such Third-Party Software. “Software” means computer software or device firmware, together with any related documentation (including design, systems and user documentation) and other materials for use in connection with such software distributed pursuant to this EULA. “Third-Party Software” means Software created and licensed to you by a company other than DivX, Inc., which may be distributed and/or installed along with the Software distributed pursuant to this EULA. The foregoing is an express limited use license and not an assignment, sale, or other transfer of the Software or any Intellectual Property Rights (as defined below) of Licensor.
RESTRICTIONS:
(a) You are expressly prohibited from copying, modifying, merging, selling, leasing, redistributing, assigning, or transferring in any matter, the Software or any portion thereof.
(b) You may take a single copy of materials within the package or otherwise related to the Software only as required for backup purposes.
(c) You are expressly prohibited from reverse engineering, decompiling, translating, disassembling, deciphering, decrypting, or otherwise attempting to discover the source code of the Software as such Software contains proprietary material of Licensor. You may not otherwise modify, alter, adapt, port, or merge the Software.
(d) You may not remove, alter, deface, overprint or otherwise obscure Licensor patent, trademark, service mark or copyright notices.
(f) You may not publish or distribute in any form of electronic or printed communication the materials within or otherwise related to the Software, including but not limited to the object code, documentation, help files, examples, and benchmarks.
NO COMMERCIAL USE: This EULA grants you the right to use the Software for personal use only. Commercial use of the Software or of the work products resulting from its use is not permitted under this EULA.
NO TRANSCODING: You are prohibited from using the Software with software or hardware products whose purpose is to "transcode" or convert DivX video or DivX Media Format content into an alternate format.
COMPLIANCE WITH LAWS: You agree that in obtaining, installing, distributing, running, or otherwise making use of the Software, you will abide by all applicable laws, including without limitation intellectual property laws and export control laws.
OWNERSHIP OF SOFTWARE: The Licensor and/or its affiliates or subsidiaries own all rights that may exist from time to time in this or any other jurisdiction, whether foreign or domestic, under patent law, copyright law, publicity rights law, moral rights law, trade secret law, trademark law, unfair competition law or other similar protections, regardless of whether or not such rights or protections are registered or perfected (the "Intellectual Property Rights"), in the Software. ALL INTELLECTUAL PROPERTY RIGHTS IN AND TO THE SOFTWARE ARE AND SHALL REMAIN IN LICENSOR.
TRIALS: Components included in the Software may be subject to trial periods for the purposes of evaluation prior to purchase. Trial periods may begin either upon installation, upon first use of a component, or as the user elects when prompted by a product or its subcomponents. Upon expiration of a trial period, the Software may cease to function or continue to operate with reduced functionality. Duration of trial periods is as marketed by Licensor, indicated during installation, specified in the Software documentation, or displayed on the Software GUI.
PRODUCT REGISTRATION: Use of some components in the Software may be governed by product registration technology. Unregistered Software may be non-functional or subject to trials. During registration, a serial number will be issued to you by Licensor or its affiliates for one or more components. Upon entering a valid serial number for a component (“registering” the component), the registered component will be released of its trial and/or non-functional limitations. You agree not to disclose any serial number issued to you to any third-party for any reason, except for the purposes of acquiring product support from Licensor or its affiliates.
PRIVACY POLICY: During the installation process and through use of the software covered hereunder, we may collect non-personally identifiable information, as well as personally-identifiable information, all as set forth in our Privacy Policy, available at http://www.divx.com/legal/privacy.php; please read it.
NOTICES: USE OF THIS PRODUCT IN ANY MANNER THAT COMPLIES WITH THE MPEG-4 VISUAL STANDARD IS PROHIBITED, EXCEPT FOR USE BY A CONSUMER ENGAGING IN PERSONAL AND NON-COMMERCIAL ACTIVITIES. The Software contains MP3 audio coding technology and mp3 Surround audio coding technology (the “MP3 Technology”) subject to patents licensed from Fraunhofer IIS (“Fraunhofer”), Agere, and/or Thomson Licensing S.A. (“TLS”).
AFFILIATE OFFERS: During the installation process you may be offered software components on behalf of Licensor's affiliates. Such offers are optional and do not affect your use of the Software or your eligibility for trials and product registration. Installation and use of affiliate software is subject to the terms of use, end user license agreement and/or privacy policy set by the affiliate for their products. In addition, you agree not to: (a) tamper or modify the installation screen displays or display flows for such affiliate products; and (b) distribute the Software or affiliate software with any adware, third party peer-to-peer software, spyware, malware or other malicious programs or code.
TERM: This EULA is effective until terminated. You may terminate this EULA at any time by uninstalling the Software and destroying all copies of the Software. Upon any termination, you agree to uninstall the Software and return or destroy all copies of the Software, any accompanying documentation, and all other associated materials.
GOVERNING LAW: This EULA shall be governed by the laws of the State of California and by the laws of the United States, excluding their conflicts of law principles. The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to this License.
WARRANTIES AND DISCLAIMER:
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE LIMITATIONS AT THE TOP OF THIS EULA MAY NOT APPLY TO YOU OR MAY ONLY APPLY TO YOU IN PART. IF CALIFORNIA LAW IS NOT HELD TO APPLY TO THIS AGREEMENT FOR ANY REASON, THEN IN JURISDICTIONS WHERE WARRANTIES, GUARANTEES, REPRESENTATIONS, AND/OR CONDITIONS OF ANY TYPE MAY NOT BE DISCLAIMED, ANY SUCH WARRANTY, GUARANTEE, REPRESENTATION AND/OR WARRANTY IS: (1) HEREBY LIMITED TO THE PERIOD OF EITHER (A) THIRTY (30) DAYS FROM THE DATE OF OPENING THE PACKAGE CONTAINING THE SOFTWAREOR (B) THE SHORTEST PERIOD ALLOWED BY LAW IN THE APPLICABLE JURISDICTION IF A THIRTY (30) DAY LIMITATION WOULD BE UNENFORCEABLE; AND (2) LICENSOR’S SOLE LIABILITY FOR ANY BREACH OF ANY SUCH WARRANTY, GUARANTEE, REPRESENTATION, AND/OR CONDITION SHALL BE TO PROVIDE YOU WITH A NEW COPY OF THE SOFTWARE.
IN NO EVENT SHALL LICENSOR OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT LICENSOR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SOFTWARE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
SEVERABILITY: In the event any provision of this EULA is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of any of the remaining provisions shall not in any way be affected or impaired and a valid, legal and enforceable provision of similar intent and economic impact shall be substituted therefore.
ENTIRE AGREEMENT: This EULA sets forth the entire understanding and agreement between you and Licensor, supersedes all prior agreements, whether written or oral, with respect to the Software, and may be amended only in a writing signed by both parties.
DivX, Inc.
4780 Eastgate Mall
San Diego, California 92121
December 5, 2007
Wednesday, January 16, 2008
CodeWrights FF H1 Communications DTM
LEGAL NOTICE
IMPORTANT LEGAL NOTICE; PLEASE READ CAREFULLY
The company CodeWrights GmbH is the Supplier of this software
Supplementary clauses: surrendering software products for industrial automation (actuating, measuring, switching and controlling).
Re "General Terms and Conditions of Delivery for Products and Services of the Electrical Engineering Industry"
1.Preamble
Software shall be protected not only via the copyright and international copyrights but also via additional laws and contracts pertaining to the intellectual property. Consequently, software shall not be sold, but surrendered for use (licensed).
2. Supplements regarding existing regulations
2.1 Re Article V Passing of risk, supplement regarding a new number 3.
3. Electronic communication media
In the case of surrendering software via electronic communication media (e.g. via the Internet), the time at which the risk passes shall be deemed the time at which the software leaves the Supplier's sphere of influence (e.g. the server in the case of downloading).
2.2 Supplement regarding Article XI Other liability
1. Loss of data
In the case of the loss of, or damage to, data and programmes as a result of an error in the supplied software, the obligation to pay compensation does not apply to the expenses incurred for the replacement of lost or damaged data and programmes.
2. Consequential damage
The Supplier shall not be liable for consequential damage unless a case of mandatory liability is given in accordance with Article XI of the "General Terms and Conditions of Delivery for Products and Services of the Electrical Engineering Industry".
3. Additional provisions
XIV. Licenses
1. Basic license
1.1 The Buyer shall be granted the utilisation rights to the software products and, if applicable, data carriers (hereinafter referred to as the "Software") that are stated in the confirmation of order or the Software product certificate. The documentation pertaining to the Software is to be procured separately unless it is stated in the confirmation of order that such documentation shall be supplied with the Software.
1.2 The following shall apply contrary to Article I.3 of the "General Terms and Conditions of Delivery for Products and Services of the Electrical Engineering Industry": the Buyer is granted the non-exclusive right, which is not restricted in time, to use the software on the equipment which, where applicable, is stated in the confirmation of order or in the Software product certificate. In this respect any Software simultaneously surrendered to the Buyer may only be used in each case on one piece of equipment.
1.3 The following shall apply contrary to Article I.3 of the "General Terms and Conditions of Delivery for Products and Services of the Electrical Engineering Industry": if the data carrier is not equipped with a notice to the contrary, the Buyer may make duplicates of every Software copy and such duplicates may only be used for back-up purposes. In other respects the Buyer may only make copies of the Software if the Supplier has previously provided the Buyer with a multiple license.
1.4 The Buyer may not alter the Software, restore it to a previous version or translate it and may not remove any parts from it. Furthermore the Buyer may not remove alphanumerical codes from the data carriers and, insofar as he is entitled to make copies, he shall leave the codes in such carriers unchanged. The aforementioned provision shall apply accordingly to the documentation supplied in accordance with Number 1.1.
1.5 The Supplier grants the Buyer the revocable right to assign to third parties the rights of use that have been assigned to the Buyer. In the event that the Software was purchased together with a piece of equipment, the Software may only be forwarded to third parties for use with such a piece of equipment. In any case the Buyer is to enter into an agreement with the third party on the basis of which the third party submits to the obligations resulting from this contract.
1.6 If the Buyer further surrenders the Software, the Buyer shall be responsible with regard to abiding by export requirements that may apply as a result of legal provisions and official directives.
2. Multi license
2.1 If the Supplier has granted the Buyer a multi license regarding Software, the Buyer shall receive written confirmation of the number of copies that it may make of the data carriers supplied with a basic license, which constitutes the basic requirement for a multi license. The Buyer is granted a non-exclusive and non-assignable right, which is not restricted in time, to make the number of copies stated in the written confirmation, to use the made copies in accordance with the provisions for basic licenses and, insofar as nothing to the contrary is specified in the contract - to surrender these for use to third parties.
2.2 The Buyer shall abide by the instructions regarding copies given to it in conjunction with the multi license. The Buyer shall furthermore keep records on the whereabouts of all copies. On request the Supplier may inspect such records.
3. Software service contracts
In this contract the Supplier shall not assume any obligation to render software services. These shall remain subject to a separate agreement.
4. Replacement of existing provisions
Insofar as Software is affected, the following provisions shall apply in place of Article VII, except nos. 3,4,6 and 7:
1. If supplied data carriers are faulty, the Supplier shall replace the faulty copies with ones that are free from faults.
2. In other respects the warranty for the Software shall be based on the warranty class. In this respect a distinction is made between Software with an entitlement to individual rectification of defects and Software without such an entitlement. The classification arises on the basis of the confirmation of order or the Software product certificate or the product descriptions that are valid at the time of delivery.
Software faults shall be deemed to be faults that are proven by the Buyer and which are comprehensible to the party intending to rectify them, and which do not constitute inconsiderable variations from the appertaining documentation that was last surrendered to the Buyer.
3. In the case of Software with an entitlement to individual rectification of defects, the Supplier shall rectify defects by way of surrendering a new version status (Update). The Supplier is also entitled to deliver a new version (Upgrade) as replacement. Until the delivery of a new version status or a new version, the Supplier shall make available an interim solution to bypass the defect if such action is possible at a reasonable cost and if the Buyer can no longer process pressing tasks as a result of the defect.
The Supplier shall not be under obligation to rectify defects in the case of Software without entitlement to individual rectification of defects. This shall not affect the Buyer's rights to rescind the contract or reduce the purchase price.
4. If the Supplier has granted the Buyer a multi license, the Buyer may make copies of the new version, the number of which shall be in line with a multi license surrendered in accordance with the provision stated above (Number 3). In other respects Number 2 is deemed applicable.
5. Detecting errors and rectifying faults as part of the warranty shall be carried out at the Supplier's discretion at the Buyer's or the Supplier's premises. The Buyer shall provide the Supplier with the documents and information that are available at the Buyer's premises and which are required to rectify the defects. If the Supplier rectifies the defect at the Buyer's premises, the Buyer shall gratuitously make available all the required hardware and software and other operating conditions that may be required, including suitable operating personnel, so that the work can be carried out swiftly. If a service contract has not been entered into, the Buyer shall reimburse the Supplier with the costs incurred for transport, travelling and subsistence as a result of the dispatch to the place of installation.
6. If the rectification of defects fails in the case of Software with an entitlement to individual rectification of defects, the Buyer shall be entitled to rescind the contract or reduce the purchase price.
7. The Supplier shall provide warranty up to the interface in the case of Software which the Buyer or a third party has extended via an interface specified for such purposes by the Supplier. The Supplier shall not in any manner ensure that the supplied Software is compatible with data processing environment used by the Buyer, in particular that it is compatible- with the software and hardware production in use at the Buyer's premises.
8. The Buyer is to undertake all appropriate measures to avoid or limit consequential damages as a result of faults in the Software, in particular inform the Supplier without delay of the fault and ensure that the programmes and entered data, and such that are to be processed, are secured.
9. The warranty period is 12 months for any software. The deadline shall commence at the time at which the risk passes. With regard to copies made as part of a multi license, the warranty period shall be deemed that of the original that has been copied (basic license).
10. The Supplier may request that the testing costs be reimbursed on the basis of an error message on the part of the Buyer if an error is not comprehensible to the party intending to rectify it or if it is attributable to incorrect operation on the part of the Buyer or if warranty is not given in accordance with Number 7. Furthermore, the Buyer shall reimburse the Supplier with the costs incurred for transport, travelling and subsistence as a result of the dispatch to the place of installation.
11. Further-reaching warranty claims against the Supplier and its vicarious agents are excluded in accordance with Article XI of the "General Terms and Conditions of Delivery for Products and Services of the Electrical Engineering Industry".
Applicable laws; Place of jurisdiction
This agreement pertaining to licenses for ultimate users is subject to the laws of the Federal Republic of Germany. Karlsruhe is deemed the place of jurisdiction.
IMPORTANT LEGAL NOTICE; PLEASE READ CAREFULLY
The company CodeWrights GmbH is the Supplier of this software
Supplementary clauses: surrendering software products for industrial automation (actuating, measuring, switching and controlling).
Re "General Terms and Conditions of Delivery for Products and Services of the Electrical Engineering Industry"
1.Preamble
Software shall be protected not only via the copyright and international copyrights but also via additional laws and contracts pertaining to the intellectual property. Consequently, software shall not be sold, but surrendered for use (licensed).
2. Supplements regarding existing regulations
2.1 Re Article V Passing of risk, supplement regarding a new number 3.
3. Electronic communication media
In the case of surrendering software via electronic communication media (e.g. via the Internet), the time at which the risk passes shall be deemed the time at which the software leaves the Supplier's sphere of influence (e.g. the server in the case of downloading).
2.2 Supplement regarding Article XI Other liability
1. Loss of data
In the case of the loss of, or damage to, data and programmes as a result of an error in the supplied software, the obligation to pay compensation does not apply to the expenses incurred for the replacement of lost or damaged data and programmes.
2. Consequential damage
The Supplier shall not be liable for consequential damage unless a case of mandatory liability is given in accordance with Article XI of the "General Terms and Conditions of Delivery for Products and Services of the Electrical Engineering Industry".
3. Additional provisions
XIV. Licenses
1. Basic license
1.1 The Buyer shall be granted the utilisation rights to the software products and, if applicable, data carriers (hereinafter referred to as the "Software") that are stated in the confirmation of order or the Software product certificate. The documentation pertaining to the Software is to be procured separately unless it is stated in the confirmation of order that such documentation shall be supplied with the Software.
1.2 The following shall apply contrary to Article I.3 of the "General Terms and Conditions of Delivery for Products and Services of the Electrical Engineering Industry": the Buyer is granted the non-exclusive right, which is not restricted in time, to use the software on the equipment which, where applicable, is stated in the confirmation of order or in the Software product certificate. In this respect any Software simultaneously surrendered to the Buyer may only be used in each case on one piece of equipment.
1.3 The following shall apply contrary to Article I.3 of the "General Terms and Conditions of Delivery for Products and Services of the Electrical Engineering Industry": if the data carrier is not equipped with a notice to the contrary, the Buyer may make duplicates of every Software copy and such duplicates may only be used for back-up purposes. In other respects the Buyer may only make copies of the Software if the Supplier has previously provided the Buyer with a multiple license.
1.4 The Buyer may not alter the Software, restore it to a previous version or translate it and may not remove any parts from it. Furthermore the Buyer may not remove alphanumerical codes from the data carriers and, insofar as he is entitled to make copies, he shall leave the codes in such carriers unchanged. The aforementioned provision shall apply accordingly to the documentation supplied in accordance with Number 1.1.
1.5 The Supplier grants the Buyer the revocable right to assign to third parties the rights of use that have been assigned to the Buyer. In the event that the Software was purchased together with a piece of equipment, the Software may only be forwarded to third parties for use with such a piece of equipment. In any case the Buyer is to enter into an agreement with the third party on the basis of which the third party submits to the obligations resulting from this contract.
1.6 If the Buyer further surrenders the Software, the Buyer shall be responsible with regard to abiding by export requirements that may apply as a result of legal provisions and official directives.
2. Multi license
2.1 If the Supplier has granted the Buyer a multi license regarding Software, the Buyer shall receive written confirmation of the number of copies that it may make of the data carriers supplied with a basic license, which constitutes the basic requirement for a multi license. The Buyer is granted a non-exclusive and non-assignable right, which is not restricted in time, to make the number of copies stated in the written confirmation, to use the made copies in accordance with the provisions for basic licenses and, insofar as nothing to the contrary is specified in the contract - to surrender these for use to third parties.
2.2 The Buyer shall abide by the instructions regarding copies given to it in conjunction with the multi license. The Buyer shall furthermore keep records on the whereabouts of all copies. On request the Supplier may inspect such records.
3. Software service contracts
In this contract the Supplier shall not assume any obligation to render software services. These shall remain subject to a separate agreement.
4. Replacement of existing provisions
Insofar as Software is affected, the following provisions shall apply in place of Article VII, except nos. 3,4,6 and 7:
1. If supplied data carriers are faulty, the Supplier shall replace the faulty copies with ones that are free from faults.
2. In other respects the warranty for the Software shall be based on the warranty class. In this respect a distinction is made between Software with an entitlement to individual rectification of defects and Software without such an entitlement. The classification arises on the basis of the confirmation of order or the Software product certificate or the product descriptions that are valid at the time of delivery.
Software faults shall be deemed to be faults that are proven by the Buyer and which are comprehensible to the party intending to rectify them, and which do not constitute inconsiderable variations from the appertaining documentation that was last surrendered to the Buyer.
3. In the case of Software with an entitlement to individual rectification of defects, the Supplier shall rectify defects by way of surrendering a new version status (Update). The Supplier is also entitled to deliver a new version (Upgrade) as replacement. Until the delivery of a new version status or a new version, the Supplier shall make available an interim solution to bypass the defect if such action is possible at a reasonable cost and if the Buyer can no longer process pressing tasks as a result of the defect.
The Supplier shall not be under obligation to rectify defects in the case of Software without entitlement to individual rectification of defects. This shall not affect the Buyer's rights to rescind the contract or reduce the purchase price.
4. If the Supplier has granted the Buyer a multi license, the Buyer may make copies of the new version, the number of which shall be in line with a multi license surrendered in accordance with the provision stated above (Number 3). In other respects Number 2 is deemed applicable.
5. Detecting errors and rectifying faults as part of the warranty shall be carried out at the Supplier's discretion at the Buyer's or the Supplier's premises. The Buyer shall provide the Supplier with the documents and information that are available at the Buyer's premises and which are required to rectify the defects. If the Supplier rectifies the defect at the Buyer's premises, the Buyer shall gratuitously make available all the required hardware and software and other operating conditions that may be required, including suitable operating personnel, so that the work can be carried out swiftly. If a service contract has not been entered into, the Buyer shall reimburse the Supplier with the costs incurred for transport, travelling and subsistence as a result of the dispatch to the place of installation.
6. If the rectification of defects fails in the case of Software with an entitlement to individual rectification of defects, the Buyer shall be entitled to rescind the contract or reduce the purchase price.
7. The Supplier shall provide warranty up to the interface in the case of Software which the Buyer or a third party has extended via an interface specified for such purposes by the Supplier. The Supplier shall not in any manner ensure that the supplied Software is compatible with data processing environment used by the Buyer, in particular that it is compatible- with the software and hardware production in use at the Buyer's premises.
8. The Buyer is to undertake all appropriate measures to avoid or limit consequential damages as a result of faults in the Software, in particular inform the Supplier without delay of the fault and ensure that the programmes and entered data, and such that are to be processed, are secured.
9. The warranty period is 12 months for any software. The deadline shall commence at the time at which the risk passes. With regard to copies made as part of a multi license, the warranty period shall be deemed that of the original that has been copied (basic license).
10. The Supplier may request that the testing costs be reimbursed on the basis of an error message on the part of the Buyer if an error is not comprehensible to the party intending to rectify it or if it is attributable to incorrect operation on the part of the Buyer or if warranty is not given in accordance with Number 7. Furthermore, the Buyer shall reimburse the Supplier with the costs incurred for transport, travelling and subsistence as a result of the dispatch to the place of installation.
11. Further-reaching warranty claims against the Supplier and its vicarious agents are excluded in accordance with Article XI of the "General Terms and Conditions of Delivery for Products and Services of the Electrical Engineering Industry".
Applicable laws; Place of jurisdiction
This agreement pertaining to licenses for ultimate users is subject to the laws of the Federal Republic of Germany. Karlsruhe is deemed the place of jurisdiction.
Saturday, January 12, 2008
Microsoft ® Windows Server® 2003 R2 Platform SDK Web Install
MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT PLATFORM SOFTWARE DEVELOPMENT KIT FOR WINDOWS SERVER 2003 R2
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 this 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. USE RIGHTS.
a. Use. You may install the software on any number of devices to design, develop and test your programs that run on a Microsoft Windows operating system.
b. Other Microsoft Programs. The software may contain other Microsoft programs that include license terms. The license terms with those programs apply to your use of them.
c. Distributable Code. The software contains code that you are permitted to copy and 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.” You may:
· REDIST.TXT Files. Copy and distribute the object code form of code listed in REDIST.TXT files;
· Sample Code. Modify, copy and distribute the source and object code form of code marked as “sample” except for files identified as MFCs, ATLs and CRTs (see below);
· MFCs, ATLs and CRTs. Modify the source code form of Microsoft Foundation Classes (MFCs), Active Template Libraries (ATLs), and C runtimes (CRTs) to design, develop and test your programs, and copy and distribute the object code form of your modified files under a new name; and
· Third Party Distribution. 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;
· only invoke the software via interfaces described in the software documentation;
· for any Distributable Code having a filename extension of .lib, distribute only the results of running such Distributable Code through a linker with your application;
· 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;
· for Distributable Code from the Windows Media Services SDK portions of the software, include in your program’s Help-About box (or in another obvious place if there is no box) the following copyright notice: “Portions utilize Microsoft Windows Media Technologies. Copyright (c) 1999-2005 Microsoft Corporation. All Rights Reserved”; 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 the Windows platform;
· 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:
o the code be disclosed or distributed in source code form, or
o others have the right to modify it.
2. TRANSFER. The first user of the software may transfer it and this agreement directly to a third party. Before the transfer, that party must agree that this agreement applies to the transfer and use of the software. The first user must uninstall the software before transferring it separately from the device. The first user may not retain any copies.
3. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software.
4. DOCUMENTATION. You may copy and use the documentation for your internal, reference purposes.
5. 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.
6. SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it.
7. 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.
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.
Please note: As this software is distributed in Quebec, Canada, some of the clauses in this agreement are provided below in French.
Remarque: Ce logiciel étant distribué au Québec, Canada, certaines des clauses dans ce contrat sont fournies ci-dessous en français.
EXONÉRATION DE GARANTIE. Le logiciel visé par une licence est offert « tel quel ». Toute utilisation de ce logiciel est à votre seule risque et péril. Microsoft n’accorde aucune garantie ou condition expresse. Vous pouvez disposer de droits de consommateur additionnels que vous conférent vos lois locales, que la présente licence ne peut modifier. Dans la mesure permise par vos lois locales, les garanties implicites de qualité marchande, d’adaptation à un usage particulier et d’absence de contrefaçon sont exclues.
LIMITATION DES DOMMAGES-INTÉRÊTS ET EXCLUSION DE RESPONSABILITÉ POUR LES DOMMAGES. Vous pouvez obtenir de Microsoft et de ses fournisseurs une indemnisation en cas de dommages directs uniquement à hauteur de 5,00 $ US. Vous ne pouvez prétendre à aucune indemnisation pour les autres dommages, y compris les dommages spéciaux, indirects ou accessoires et pertes de bénéfices. Cette limitation concerne :
· toute matière reliée au logiciel, aux services ou au contenu (y compris le code) figurant sur des sites Internet d’une tièrce partie ou dans des programmes d’une tièrce partie, et
· les réclamations au titre de violation de contrat ou de garantie, ou au titre de responsabilité stricte, de négligence ou d’une autre faute dans la limite autorisée par la loi en vigueur.
Elle s’applique également, même si Microsoft connaissait ou devrait connaître l’éventualité d’un tel dommage. Si votre pays n’autorise pas l’exclusion ou la limitation de responsabilité pour les dommages indirects, accessoires ou de quelque nature que ce soit, il se peut que la limitation ou l’exclusion ci-dessus ne s’appliquera pas à votre égard.
EFFET JURIDIQUE. Le présent contrat décrit certains droits juridiques. Vous pourriez avoir d’autres droits prévus par les lois de votre pays. Le présent contrat ne modifie pas les droits que vous confèrent les lois de votre pays si celles-ci ne le permettent pas.
MICROSOFT PLATFORM SOFTWARE DEVELOPMENT KIT FOR WINDOWS SERVER 2003 R2
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 this 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. USE RIGHTS.
a. Use. You may install the software on any number of devices to design, develop and test your programs that run on a Microsoft Windows operating system.
b. Other Microsoft Programs. The software may contain other Microsoft programs that include license terms. The license terms with those programs apply to your use of them.
c. Distributable Code. The software contains code that you are permitted to copy and 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.” You may:
· REDIST.TXT Files. Copy and distribute the object code form of code listed in REDIST.TXT files;
· Sample Code. Modify, copy and distribute the source and object code form of code marked as “sample” except for files identified as MFCs, ATLs and CRTs (see below);
· MFCs, ATLs and CRTs. Modify the source code form of Microsoft Foundation Classes (MFCs), Active Template Libraries (ATLs), and C runtimes (CRTs) to design, develop and test your programs, and copy and distribute the object code form of your modified files under a new name; and
· Third Party Distribution. 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;
· only invoke the software via interfaces described in the software documentation;
· for any Distributable Code having a filename extension of .lib, distribute only the results of running such Distributable Code through a linker with your application;
· 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;
· for Distributable Code from the Windows Media Services SDK portions of the software, include in your program’s Help-About box (or in another obvious place if there is no box) the following copyright notice: “Portions utilize Microsoft Windows Media Technologies. Copyright (c) 1999-2005 Microsoft Corporation. All Rights Reserved”; 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 the Windows platform;
· 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:
o the code be disclosed or distributed in source code form, or
o others have the right to modify it.
2. TRANSFER. The first user of the software may transfer it and this agreement directly to a third party. Before the transfer, that party must agree that this agreement applies to the transfer and use of the software. The first user must uninstall the software before transferring it separately from the device. The first user may not retain any copies.
3. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software.
4. DOCUMENTATION. You may copy and use the documentation for your internal, reference purposes.
5. 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
6. SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it.
7. 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.
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.
Please note: As this software is distributed in Quebec, Canada, some of the clauses in this agreement are provided below in French.
Remarque: Ce logiciel étant distribué au Québec, Canada, certaines des clauses dans ce contrat sont fournies ci-dessous en français.
EXONÉRATION DE GARANTIE. Le logiciel visé par une licence est offert « tel quel ». Toute utilisation de ce logiciel est à votre seule risque et péril. Microsoft n’accorde aucune garantie ou condition expresse. Vous pouvez disposer de droits de consommateur additionnels que vous conférent vos lois locales, que la présente licence ne peut modifier. Dans la mesure permise par vos lois locales, les garanties implicites de qualité marchande, d’adaptation à un usage particulier et d’absence de contrefaçon sont exclues.
LIMITATION DES DOMMAGES-INTÉRÊTS ET EXCLUSION DE RESPONSABILITÉ POUR LES DOMMAGES. Vous pouvez obtenir de Microsoft et de ses fournisseurs une indemnisation en cas de dommages directs uniquement à hauteur de 5,00 $ US. Vous ne pouvez prétendre à aucune indemnisation pour les autres dommages, y compris les dommages spéciaux, indirects ou accessoires et pertes de bénéfices. Cette limitation concerne :
· toute matière reliée au logiciel, aux services ou au contenu (y compris le code) figurant sur des sites Internet d’une tièrce partie ou dans des programmes d’une tièrce partie, et
· les réclamations au titre de violation de contrat ou de garantie, ou au titre de responsabilité stricte, de négligence ou d’une autre faute dans la limite autorisée par la loi en vigueur.
Elle s’applique également, même si Microsoft connaissait ou devrait connaître l’éventualité d’un tel dommage. Si votre pays n’autorise pas l’exclusion ou la limitation de responsabilité pour les dommages indirects, accessoires ou de quelque nature que ce soit, il se peut que la limitation ou l’exclusion ci-dessus ne s’appliquera pas à votre égard.
EFFET JURIDIQUE. Le présent contrat décrit certains droits juridiques. Vous pourriez avoir d’autres droits prévus par les lois de votre pays. Le présent contrat ne modifie pas les droits que vous confèrent les lois de votre pays si celles-ci ne le permettent pas.
Monday, January 07, 2008
Send Text Terms of Use at O2
http://www.o2.co.uk/termsconditions/productsandservices
These terms and conditions set out the rules which apply to your use of the Send Text service (the "Service"). Please ensure that you read these terms and conditions carefully as your use in any way of the Service constitutes your agreement to all terms, conditions, and notices contained or referenced herein. You also agree to be bound by O2's general terms and conditions located at www.o2.co.uk/termsconditions (including the WAP, Web and i-mode terms located at www.o2.co.uk/termsconditions/webwapandimode). If you do not agree to these Terms of Use please do not use this Service.
1. Description of Service and Charges
1. 1.1 Send Text is a service that allows a customer of any UK network (excluding a customer of a Mobile Virtual Network Operator) who has completed the registration of their mobile phone number on www.o2.co.uk to send free SMS over the web to a customer of any UK mobile network.
2. 1.2 You can send 10 free SMS via the Service every calendar month. If you are an O2 Broadband primary user, you can send 100 free SMS via the Service every calendar month.
3. 1.3 You can purchase additional bundles of 30 messages for £1.50 per bundle ("Paid SMS") online via the Send Text page. You will be charged for the additional bundles:
1. if you are an O2 Pay As You Go customer or a prepaid customer of another UK network, by receiving a premium text which will deduct £1.50 from your prepaid credit. You will not be able to purchase Paid SMS unless you have sufficient credit ; or
2. if you are an O2 Pay Monthly customer or a pay monthly customer of another UK network, on your next monthly invoice as a premium text.
4. 1.4 Free SMS which are not used in a calendar month will not be carried over to subsequent months. Unused Paid SMS will not be refunded but will be automatically carried over to subsequent months.
5. 1.5 Each SMS will be a maximum of 160 characters, including the information detailed in clause 1.6. If your message is longer than one SMS, several SMS will be sent and deducted from your balance. The maximum length of your message is the equivalent of three SMS, including the information detailed in clause 1.6.
6. 1.6 Your mobile phone number will appear at the beginning of the first SMS containing your message. All free SMS will include a tagline at the end of the message of no more than 30 characters.
2. No Replies
1. 2.1 The recipient will not be able to reply to SMS sent via the Service.
2. 2.2 If you used the Service prior to 8 July 2007, the replies sent to you before 8 July 2007 are still available in the Inbox section of the Service. We may delete these replies in future upgrades of the Service and we will inform you with reasonable notice of the deletion.
3. Termination
1. O2 reserves the right to suspend or terminate your access to the Service in accordance with the WAP, Web and i-mode terms.
4. General
1. 4.1 We will attempt to deliver your SMS for 24 hours only. The receiving mobile phone must be switched on and in network coverage during this period to receive the SMS. We will use our best efforts to deliver your SMS but we do not warrant that the service will be fault-free and available at all times or that your SMS will be delivered, or delivered in a timely manner. In any event, a sent but undelivered or not received SMS will be deducted from the balance of SMS available in that month.
2. 4.2 The Sent Items section will only display the last 10 messages sent via the Service. If you have sent fewer than 10 messages in the last 90 days, the Sent Items section will only display the messages sent in the last 90 days via the Service.
3. 4.3 O2 will not be liable for any loss or charge incurred by you as a result of your access or non-access to the Services or receipt, non-receipt or delay in receipt of any SMS sent via the Services.
4. 4.4 These Terms of Use are governed by English law. Both O2 and you submit to the exclusive jurisdiction of the English courts.
These terms and conditions set out the rules which apply to your use of the Send Text service (the "Service"). Please ensure that you read these terms and conditions carefully as your use in any way of the Service constitutes your agreement to all terms, conditions, and notices contained or referenced herein. You also agree to be bound by O2's general terms and conditions located at www.o2.co.uk/termsconditions (including the WAP, Web and i-mode terms located at www.o2.co.uk/termsconditions/webwapandimode). If you do not agree to these Terms of Use please do not use this Service.
1. Description of Service and Charges
1. 1.1 Send Text is a service that allows a customer of any UK network (excluding a customer of a Mobile Virtual Network Operator) who has completed the registration of their mobile phone number on www.o2.co.uk to send free SMS over the web to a customer of any UK mobile network.
2. 1.2 You can send 10 free SMS via the Service every calendar month. If you are an O2 Broadband primary user, you can send 100 free SMS via the Service every calendar month.
3. 1.3 You can purchase additional bundles of 30 messages for £1.50 per bundle ("Paid SMS") online via the Send Text page. You will be charged for the additional bundles:
1. if you are an O2 Pay As You Go customer or a prepaid customer of another UK network, by receiving a premium text which will deduct £1.50 from your prepaid credit. You will not be able to purchase Paid SMS unless you have sufficient credit ; or
2. if you are an O2 Pay Monthly customer or a pay monthly customer of another UK network, on your next monthly invoice as a premium text.
4. 1.4 Free SMS which are not used in a calendar month will not be carried over to subsequent months. Unused Paid SMS will not be refunded but will be automatically carried over to subsequent months.
5. 1.5 Each SMS will be a maximum of 160 characters, including the information detailed in clause 1.6. If your message is longer than one SMS, several SMS will be sent and deducted from your balance. The maximum length of your message is the equivalent of three SMS, including the information detailed in clause 1.6.
6. 1.6 Your mobile phone number will appear at the beginning of the first SMS containing your message. All free SMS will include a tagline at the end of the message of no more than 30 characters.
2. No Replies
1. 2.1 The recipient will not be able to reply to SMS sent via the Service.
2. 2.2 If you used the Service prior to 8 July 2007, the replies sent to you before 8 July 2007 are still available in the Inbox section of the Service. We may delete these replies in future upgrades of the Service and we will inform you with reasonable notice of the deletion.
3. Termination
1. O2 reserves the right to suspend or terminate your access to the Service in accordance with the WAP, Web and i-mode terms.
4. General
1. 4.1 We will attempt to deliver your SMS for 24 hours only. The receiving mobile phone must be switched on and in network coverage during this period to receive the SMS. We will use our best efforts to deliver your SMS but we do not warrant that the service will be fault-free and available at all times or that your SMS will be delivered, or delivered in a timely manner. In any event, a sent but undelivered or not received SMS will be deducted from the balance of SMS available in that month.
2. 4.2 The Sent Items section will only display the last 10 messages sent via the Service. If you have sent fewer than 10 messages in the last 90 days, the Sent Items section will only display the messages sent in the last 90 days via the Service.
3. 4.3 O2 will not be liable for any loss or charge incurred by you as a result of your access or non-access to the Services or receipt, non-receipt or delay in receipt of any SMS sent via the Services.
4. 4.4 These Terms of Use are governed by English law. Both O2 and you submit to the exclusive jurisdiction of the English courts.
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