Hurgando la compu

Peso

2012-01-19T17:33:00.000-08:00

83.5 kg
29.2 % FAT
48.1 % TBW
#
83.5 kg
30.8
47
"Fat Head"

Comida de hoy: curry de cerdo con verduras. almuerzo de hoy: chorizo, escabeche, manzana

peso pasado

2012-01-15T17:41:00.000-08:00

15 Enero 2012
83.0 kg
31.1% grasa

19 enero 2012
83.8 kg
28 % grasa
48.9 TBW

leo 17.5 kg
ber 22.5 kg

Get rid of '.svn' directories without find

2010-04-06T17:38:00.001-07:00

Bash script

shopt -s dotglob ; f () { for file in * ; do [[ $file = ".svn" ]] && rm -r "$file" || { [[ -d $file ]] && f "$file" ; } ; done ; } ; f /root/dir

Turned up on ##bash (freenode)

AAdvantage American Airways

2009-07-03T17:09:00.000-07:00

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.

Adding up the first colum of wc output (only java files)

2009-02-05T05:32:00.000-08:00

#!/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");

VMWare Player

2008-11-24T03:14:00.000-08:00

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?

Rebtel

2008-06-27T13:48:00.000-07:00

Terms of service

Welcome to Rebtel. These Terms of Service constitute your agreement with Rebtel Services S.à.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.à.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.

Mozilla Firefox 3.0

2008-06-25T15:14:00.000-07:00

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.

Microsoft Visual C# 2008 Express Edition

2008-06-25T08:36:00.000-07:00

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 Office Visio Viewer 2007

2008-05-14T04:44:00.000-07:00

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

BBC iPlayer

2008-04-07T13:48:00.000-07:00

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 http://iplayersupport.external.bbc.co.uk/cgi-bin/bbciplayer.cfg/php/enduser/home.php?p_sid=19H*_BTi. Alternatively, you can discuss BBC iPlayer on its dedicated messageboard http://www.bbc.co.uk/dna/mbiplayer/.

Top Cashback

2008-03-15T16:34:00.000-07:00

Terms and Conditions

The use of www.topcashback.co.uk is subject to the following terms and conditions. www.topcashback.co.uk is owned and operated by UKC Systems Ltd (referred to as ‘we’ or ‘us’ below). By entering our site or enrolling, you as a user (referred to as ‘you’ below) are accepting our terms and conditions.

1. Site Membership and Termination of Accounts
We only allow one account per person. You must be a resident of the UK, living in the UK to qualify for an account and receive cashback. Accounts are provided for personal use only, accounts used for business are not allowed unless prior authorisation has been requested and approved. If you're going to make excessive purchases on behalf of other people or third parties, you must seek prior approval from us. We reserve the right to refuse membership. Further, we reserve the right to terminate your account without notice at any time.

2. Cashback Rewards

As an enrolled TopCashBack member you may earn a percentage 'cashback' or cash reward from a number of retailers as illustrated on the website. TopCashBack endeavor to be upfront and transparent. Note that all transactions you make are not with us, but with the individual retailer. 100% of all credit we earn from retailers which can be traced back to you, will be credited to your account. From time to time retailers may increase or decrease the commission paid – in which case the cashback offer illustrated on our site may be incorrect. We will always credit your account in line with whatever credit we receive from the retailer – be it more or less than indicated on our site.

When we have traced a paying transaction to your account, we will credit your account with a ‘pending payment’. Once the retailer confirms the transaction, the payment will be marked as ‘confirmed’ – this can take 30 days or more from the date of the purchase. If the goods are returned or the sale reversed by any means then the cashback payment will not be made.

Please remember that cashback can only be earned when you click through to a retailer’s website from a link on our site HAVING BEEN LOGGED INTO OUR SITE. Some retailers may not pay commission for repeat purchases on their site, we have no control over this.

Please note that you can maximize your chances of earning commission over several purchases if you click through to the retailer site from TopCashBack directly before each purchase. In addition, you will only receive cashback if you've followed a direct link to a merchant from TopCashBack. If you visit a retailer via another site (even if the other site is listed on topcashback) then you will only receive the cashback offered from the direct site you have visited, an example would be a comparison service where you're paid a low amount simply to search for a product, purchases made via links on the comparison site will not be eligible for additional cashback.

We cannot be held responsible if the retailer fails to report your sale to us.
Retailers have their own rules upon which they determine transactions to be genuine, i.e. An attempt to simply earn money by clicking/registering with no intention to continue to use/buy from their website could be deemed as non-genuine. These rules may or may not be advertised by ourselves or the retailer and may be discretionary.

If your computer is used for more than one TopCashBack account (i.e husband and wife) then allowed transaction recurrences may be determined across these multiple accounts as part of fraudulent usage prevention.

Whilst we will endeavour to recouperate non-payments from the retailer, the decision of ourselves, the retailer or retailers tracking agent is final. Whilst we will try and recuperate missing commissions, at any point we reserve the right not to chase missing commission payments, particularly where no purchase is made. If missing payments are paid later by the retailer then your account will be credited. We will always pay our members their commission where money has been received from a retailer and tracked to a members account provided your account with us remains active, your transactions are deemed by ourselves and the retailers to be to be genuine and you meet the terms of the payment schedule.

Where a commission enquiry has been sucessfully paid by a retailer, you may receive a lower amount than expected, this is due to the amounts received by ourselves possibly being lower than the original claim. We do allow you to query this with us. If a retailer still hasn't paid a manual commission claim after a period of six months then we reserve the right to close the enquiry.
3. Payment Schedule
Cashback payments will be issued at your request. You will be able to request a cashback payment once your PAYABLE account balance reaches the thresholds for the selected payment type, at time of writing, this is £25 for paper cheques and 1p for Paypal and BACS payments. Should a retailer delay payment or cease trading then we will make every reasonable effort to recover your cashback but we can make no guarantees to payment until funds have been received from the retailer or their agents. Any funds in your account will become forfeit should your account become dormant or terminated, see below. Individual payment methods may be limited or withdrawn on a discretionary basis to ensure only UK payment transactions are made as per our membership terms. Payment details must be kept accurate by yourself to avoid losing any due payments. Payments made to incorrect destinations are not always recoverable and may be subject to a recovery fee. We will not be held liable for any delays, or consequences of delays in payment.

Where a charity donation is made, we will batch up donations until the total donation to an individual charity totals more than £25. Batching up donations will minimise the administration for the chosen charity as well as for ourselves. Once the threshold is reached, we will pass on the entire total of the donation(s) directly to the charity with no charge for administration. 100% of your donation will therefore go to your chosen charity.

4. Dormant Accounts
In order to minimize our administration overhead, we reserve the right to terminate dormant accounts. In order to keep an account active we do not require purchase transactions, but we do require you to log in to your account at least once every 6 months.

5. Modification of Agreement
We may modify any of the terms and conditions contained in this Agreement, at any time and at our sole discretion for any reason. We will post the revised agreement on this website.

6. Miscellaneous
Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

7. Privacy Policy
Our Privacy Policy outlines exactly how we handle your account information and the steps we take to ensure your privacy.

8. Copyright
www.topcashback.co.uk is protected by copyright. The site, in whole or in part, is for your personal use only. You may not reproduce, or make available any part of the site, with or without amendments, other than for your own private use. Nor may you reproduce or make available any of the data contained within the site without our express written consent. You may not distribute or commercially exploit this site, without the express written consent of UKC Systems Ltd. We reserve all other rights.

9. Indemnification
You agree to indemnify UKC Systems Ltd against any loss, liability, claim, demand, damage or expense (including legal fees) that may occur in connection with the use of this site. We take reasonable care and skill to ensure that the data provided on this site is accurate and up to date. However, we give no warranty of the accuracy of any information on the site and do not accept liability for any errors or omissions, neither do we accept liability for any resulting damage or loss.

10. Linking from External Websites
www.topcashback.co.uk is happy for other websites to link to it; however, it does not permit pages to be loaded into frames on other sites. It does not permit links from any websites that contain material which could be construed as offensive.

11. Links to External Websites
www.topcashback.co.uk links to many other websites for information and as a service to our users. The external websites are not under our control and we are not responsible for the content of any linked site. By listing or linking to another site, we are not making any kind of endorsement and we accept no liability in respect of the content. We do not guarantee that links will work all of the time and cannot control the availability of the linked pages. If you deem any link inappropriate or offensive, or find any link to not work, then please let us know so that we may remove the link.

12. Un-Authorised Use Of Our Website
If it is found that the TopCashBack website is being tamperd with in any way including modification of URLs, posting unauthorised URLs on public media, pages being spidered, automatic scripts or anything deemed by ourselves to be abnormal use then we may terminate your account and any earnings maybecome forfeit. To protect our retailers, any abuse of an offer may lead to transactions being revoked. Any transactions deemed to be of a suspicious nature may require verification by ourselves and/or the merchants involved, and further information on your transactions may be requested from yourself. For this reason, we may pass on any details which you have provided in communications with the merchant and its agencies.

13. Virus Disclaimer
We take all reasonable effort to test material before placing on our website. In the very unlikely event of any loss, disruption or damage, we cannot be held responsible for any loss, disruption or damage to your data or computer system which may occur whilst using material derived from this website.

14. Disclaimer
The www.topcashback.co.uk website is provided ‘as is’, without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. We do not warrant that the functions contained in the material contained in this site will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or represent the full functionality, accuracy, reliability of the materials. In no event will we be liable for any loss or damage including, without limitation, indirect or consequential loss or damage, or any loss or damages whatsoever arising from use or loss of use of, data or profits arising out of or in connection with the use of www.topcashback.co.uk. These terms and conditions shall be governed by the laws of England. Any dispute arising under these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England. You hereby consent to the exclusive jurisdiction of the England courts in all disputes arising out of or relating to the use of this website. Use of this web site is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Flash Player

2008-03-05T05:22:00.001-08:00

ADOBE® SOFTWARE LICENSE AGREEMENT

NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY. BY USING, COPYING OR DISTRIBUTING ALL OR ANY PORTION OF THE ADOBE SOFTWARE ("SOFTWARE") YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, IN PARTICULAR THE LIMITATIONS ON: USE CONTAINED IN SECTION 2; TRANSFERABILITY IN SECTION 4; WARRANTY IN SECTION 7; AND LIABILITY IN SECTION 8. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND ANY LEGAL ENTITY THAT OBTAINED THE SOFTWARE AND ON WHOSE BEHALF IT IS USED. IF YOU DO NOT AGREE, DO NOT USE THIS SOFTWARE.

Adobe and its suppliers own all intellectual property in the Software. Adobe permits you to Use the Software only in accordance with the terms of this Agreement. Use of some third party materials included in the Software may be subject to other terms and conditions typically found in a separate license agreement, a “Read Me” file located near such materials or in the “Third Party Software Notices and/or Additional Terms and Conditions” found at www.adobe.com/go/thirdparty/

1. Definitions. "Software" means (a) all of the contents of the files (provided either by electronic download, on physical media or any other method of distribution), disk(s), CD-ROM(s) or other media with which this Agreement is provided, including but not limited to (i) Adobe or third party computer information or software, including the Adobe Reader® ("Adobe Reader"), Adobe Flash® Player, Shockwave® Player and Authorware® Player (collectively, the Flash, Shockwave and Authorware players, are the "Web Players"); (ii) related explanatory written materials or files ("Documentation"); and (iii) fonts; and (b) upgrades, modified versions, updates, additions, and copies of the Software, if any, licensed to you by Adobe (collectively, "Updates"). "Use" or "Using" means to access, install, download, copy, or otherwise benefit from using the functionality of the Software in accordance with the Documentation. "Permitted Number" means one (1) unless otherwise indicated under a valid license (e.g., volume license) granted by Adobe. "Computer" means an electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions. "Adobe" means Adobe Systems Incorporated, a Delaware corporation, 345 Park Avenue, San Jose, California 95110, if subsection 9(a) of this Agreement applies; otherwise it means Adobe Systems Software Ireland Limited, Unit 3100, Lake Drive, City West Campus, Saggart D24, Republic of Ireland, a company organized under the laws of Ireland and an affiliate and licensee of Adobe Systems Incorporated.
2. Software License. If you obtained the Software from Adobe or one of its authorized licensees, and subject to your compliance with the terms of this agreement (this "Agreement"), including the restrictions in Setion 3, Adobe grants to you a non-exclusive license to Use the Software for the purposes described in the Documentation as follows.

2.1 General Use. You may install and Use a copy of the Software on your compatible Computer, up to the Permitted Number of computers. The Software may not be shared, installed or used concurrently on different computers. See Section 3 for important restrictions on the Use of Adobe Reader and Web Players.

2.2 Server Use and Distribution.

2.2.1 You may install one copy of the Adobe Reader on a computer file server within your internal network for the sole and exclusive purpose of (a) using the Software (from an unlimited number of client computers on your internal network) via (i) the Network File System (NFS) for UNIX versions of the Software or (ii) Windows Terminal Services and (b) allowing for printing within your internal network. Unless otherwise expressly permitted hereunder, no other server or network use of the Software is permitted, including but not limited to use of the Software (i) either directly or through commands, data or instructions from or to another computer or (ii) for internal network, internet or web hosting services.

2.2.2 For information on how to distribute the Software on tangible media or through an internal network please refer to the sections entitled "How to Distribute Adobe Reader" at http://www.adobe.com/products/acrobat/distribute.html; or "Distribute Macromedia Web Players" at http://www.adobe.com/licensing.

2.3 Backup Copy. You may make one backup copy of the Software, provided your backup copy is not installed or used on any Computer. You may not transfer the rights to a backup copy unless you transfer all rights in the Software as provided under Section 4.

2.4 Portable or Home Computer Use. If and only if the Software is Adobe Reader, in addition to the single copy permitted under Sections 2.1 and 2.2, the primary user of the Computer on which the Software is installed may make a second copy of the Software for his or her exclusive Use on either a portable Computer or a Computer located at his or her home, provided the Software on the portable or home Computer is not used at the same time as the Software on the primary computer.

2.5 No Modification.

2.5.1 You may not modify, adapt, translate or create derivative works based upon the Software. You may not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software except to the extent you may be expressly permitted to decompile under applicable law, it is essential to do so in order to achieve operability of the Software with another software program, and you have first requested Adobe to provide the information necessary to achieve such operability and Adobe has not made such information available. Adobe has the right to impose reasonable conditions and to request a reasonable fee before providing such information. Any such information supplied by Adobe and any information obtained by you by such permitted decompilation may only be used by you for the purpose described herein and may not be disclosed to any third party or used to create any software which is substantially similar to the expression of the Software. Requests for information should be directed to the Adobe Customer Support Department.

2.5.2 As an exception to the above, you may customize or extend the functionality of the installer for the Adobe Reader as specifically allowed by instructions found at http://www.adobe.com/support/main.html or http://partners.adobe.com (e.g., installation of additional plug-in and help files). You may not otherwise alter or modify the Software or create a new installer for the Software. The Adobe Reader is licensed and distributed by Adobe for viewing, distributing and sharing PDF files.

2.6 Third Party Website Access. The Software may allow you to access third party websites ("Third Party Sites"). Your access to and use of any Third Party Sites, including any goods, services or information made available from such sites, is governed by the terms and conditions found at each Third Party Site, if any. Third Party Sites are not owned or operated by Adobe. YOUR USE OF THIRD PARTY SITES IS AT YOUR OWN RISK. ADOBE MAKES NO WARRANTIES, CONDITIONS, INDEMNITIES, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, INTEGRATION, ACCURACY, SECURITY, AVAILABILITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE THIRD PARTY SITES.

2.7 Certified Documents.

2.7.1 Certified Documents and CD Services. The Software may allow you to validate Certified Documents. A "Certified Document" or “CD” is a PDF file that has been digitally signed using (a) a certificate and (b) a “private” encryption key that corresponds to the “public” key in the certificate. Validation of a CD requires CD Services from the CD Service Provider that issued the certificate. “CD Service Provider” is an independent third party service vendor listed at http://www.adobe.com/security/partners_cds.html. “CD Services” are services provided by CD Service Providers, including without limitation (i) certificates issued by such CD Service Provider for use with the Software's CD feature set, (ii) services related to issuance of certificates, and (iii) other services related to certificates, including without limitation verification services.

2.7.2 CD Service Providers. Although the Software may provide validation features, Adobe does not supply the necessary CD Services required to use these features. Purchasing, availability and responsibility for the CD Services are between you and the CD Service Provider. Before you rely upon any CD, any digital signature applied thereto, and/or any related CD Services, you must first review and agree to the applicable Issuer Statement and this Agreement. “Issuer Statement” means the terms and conditions under which each CD Service Provider offers CD Services (see the links on http://www.adobe.com/security/partners_cds.html), including for example any subscriber agreements, relying party agreements, certificate policies and practice statements, and Section 2.7 of this Agreement. By validating a CD using CD Services, you acknowledge and agree that (a) the certificate used to digitally sign a CD may be revoked at the time of verification, making the digital signature on the CD appear valid when in fact it is not, (b) the security or integrity of a CD may be compromised due to an act or omission by the signer of the CD, the applicable CD Service Provider, or any other third party and (c) you must read, understand, and be bound by the applicable Issuer Statement.

2.7.3 Warranty Disclaimer. CD Service Providers offer CD Services solely in accordance with the applicable Issuer Statement. ACCESS TO THE CD SERVICES THROUGH THE USE OF THE SOFTWARE IS MADE AVAILABLE ON AN “AS IS” BASIS ONLY AND WITHOUT ANY WARRANTY OR INDEMNITY OF ANY KIND (EXCEPT AS SUPPLIED BY A CD SERVICES PROVIDER IN ITS ISSUER STATEMENT). ADOBE AND EACH CD SERVICE PROVIDER (EXCEPT AS EXPRESSLY PROVIDED IN ITS ISSUER STATEMENT) MAKE NO WARRANTIES, CONDITIONS, INDEMNITIES, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, INTEGRATION, ACCURACY, SECURITY, AVAILABILITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE CD SERVICES.

2.7.4 Indemnity. You agree to hold Adobe and any applicable CD Service Provider (except as expressly provided in its Issuer Statement) harmless from any and all liabilities, losses, actions, damages, or claims (including all reasonable expenses, costs, and attorneys fees) arising out of or relating to any use of, or reliance on, any CD Service, including, without limitation (a) reliance on an expired or revoked certificate, (b) improper verification of a certificate, (c) use of a certificate other than as permitted by any applicable Issuer Statement, this Agreement or applicable law; (d) failure to exercise reasonable judgment under the circumstances in relying on the CD Services or (e) failure to perform any of the obligations as required in an applicable Issuer Statement.

2.7.5 Limit of Liability. UNDER NO CIRCUMSTANCES WILL ADOBE OR ANY CD SERVICE PROVIDER (EXCEPT AS EXPRESSLY SET FORTH IN ITS ISSUER STATEMENT) BE LIABLE TO YOU, OR ANY OTHER PERSON OR ENTITY, FOR ANY LOSS OF USE, REVENUE OR PROFIT, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, STATUTORY, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER RELATED TO YOUR USE OR RELIANCE UPON CD SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES ARE FORESEEABLE. THIS LIMITATION SHALL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OR A BREACH OF THE FUNDAMENTAL OR MATERIALTERMS OF THIS AGREEMENT.

2.7.6 Third Party Beneficiaries. You agree that any CD Service Provider you utilize shall be a third party beneficiary with respect to this Section 2.7 of this Agreement, and that such CD Service Provider shall have the right to enforce such provisions in its own name as if the CD Service Provider were Adobe.
3. Restrictions.

3.1 Web Player Prohibited Devices. You may not Use any Web Player on any non-PC device or with any embedded or device version of any operating system. For the avoidance of doubt, and by example only, you may not use a Web Player on any (a) mobile devices, set top boxes (STB), handhelds, phones, web pads, tablets and Tablet PCs that are not running Windows XP Tablet PC Edition, game consoles, TVs, DVD players, media centers (excluding Windows XP Media Center Edition and its successors), electronic billboards or other digital signage, internet appliances or other internet-connected devices, PDAs, medical devices, ATMs, telematic devices, gaming machines, home automation systems, kiosks, remote control devices, or any other consumer electronics device, (b) operator-based mobile, cable, satellite, or television systems or (c) other closed system devices.

3.2 Notices. You shall not copy the Software except as set forth in Section 2. Any copy of the Software that you make must contain the same copyright and other proprietary notices that appear on or in the Software.

3.3 Document Features. The Software may contain features and functionality (the “Document Features”) that appear disabled or “grayed out.” These Document Features will only activate when opening a PDF document that was created using corresponding enabling technology available only from Adobe (“Keys”). You agree not to access, or attempt to access, disabled Document Features or otherwise circumvent the permissions that control activation of such Document Features. You may only use the Document Features with PDF documents that have been enabled using Keys obtained under a valid license from Adobe. No other use is permitted.

3.4 Adobe Reader Restrictions. You are not authorized to integrate or use the Adobe Reader with any other software, plug-in or enhancement that uses or relies upon the the Adobe Reader when converting or transforming PDF files into other file formats (e.g., a PDF file into a TIFF, JPEG, or SVG file). You are not authorized to integrate or use the Adobe Reader with any plug-in software not developed in accordance with the Adobe Integration Key License Agreement. Further, you are not permitted to integrate or use the Adobe Reader with other software, or access PDF files that contain instructions (e.g., JavaScript), in order to (a) save data locally (on the same Computer), (b) create a file that contains data (e.g., an XML or comments file) or (c) save modifications to a PDF file, except when such saving or creation is allowed through the use of Document Feature(s) enabled by Adobe.
4. Transfer. You may not rent, lease, sublicense, assign or transfer your rights in the Software, or authorize all or any portion of the Software to be copied onto another user's Computer except as may be expressly permitted herein. You may, however, transfer all your rights to Use the Software to another person or legal entity provided that: (a) you also transfer (i) this Agreement, and (ii) the Software and all other software or hardware bundled or pre-installed with the Software, including all copies, Updates and prior versions, to such person or entity, (b) you retain no copies, including backups and copies stored on a Computer, and (c) the receiving party accepts the terms and conditions of this Agreement and any other terms and conditions upon which you legally purchased a license to the Software. Notwithstanding the foregoing, you may not transfer education, pre-release, or not for resale copies of the Software.
5. Intellectual Property Ownership, Copyright Protection. The Software and any authorized copies that you make are the intellectual property of and are owned by Adobe Systems Incorporated and its suppliers. The structure, organization and code of the Software are the valuable trade secrets and confidential information of Adobe Systems Incorporated and its suppliers. The Software is protected by law, including without limitation the copyright laws of the United States and other countries, and by international treaty provisions. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the Software and all rights not expressly granted are reserved by Adobe and its suppliers.
6. Updates. If the Software is an Update to a previous version of the Software, you must possess a valid license to such previous version in order to Use such Update. All Updates are provided to you on a license exchange basis. You agree that by Using an Update you voluntarily terminate your right to use any previous version of the Software. As an exception, you may continue to Use previous versions of the Software on your Computer after you Use the Update but only to assist you in the transition to the Update, provided that: (a) the Update and the previous versions are installed on the same computer; (b) the previous versions or copies thereof are not transferred to another party or Computer unless all copies of the Update are also transferred to such party or Computer; and (c) you acknowledge that any obligation Adobe may have to support the previous versions of the Software may be ended upon availability of the Update.
7. NO WARRANTY. The Software is being delivered to you "AS IS" and Adobe makes no warranty as to its use or performance. Adobe provides no technical support, warranties or remedies for the Software. ADOBE AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE AND ITS SUPPLIERS MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. The provisions of Section 7 and Section 8 shall survive the termination of this Agreement, howsoever caused, but this shall not imply or create any continued right to Use the Software after termination of this Agreement.
8. LIMITATION OF LIABILITY. IN NO EVENT WILL ADOBE OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN ADOBE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. ADOBE'S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY. Nothing contained in this Agreement limits Adobe's liability to you in the event of death or personal injury resulting from Adobe's negligence or for the tort of deceit (fraud). Adobe is acting on behalf of its suppliers for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in this Agreement, but in no other respects and for no other purpose. For further information, please see the jurisdiction specific information at the end of this Agreement, if any, or contact Adobe's Customer Support Department.
9. Export Rules. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations (collectively the "Export Laws"). In addition, if the Software is identified as export controlled items under the Export Laws, you represent and warrant that you are not a citizen, or otherwise located within, an embargoed nation (including without limitation Iran, Syria, Sudan, Libya, Cuba, and North Korea) and that you are not otherwise prohibited under the Export Laws from receiving the Software. All rights to Use the Software are granted on condition that such rights are forfeited if you fail to comply with the terms of this Agreement.
10. Governing Law. This Agreement will be governed by and construed in accordance with the substantive laws in force: (a) in the State of California, if a license to the Software is obtained when you are in the United States, Canada, or Mexico; or (b) in Japan, if a license to the Software is obtained when you are in Japan, China, Korea, or other Southeast Asian country where all official languages are written in either an ideographic script (e.g., hanzi, kanji, or hanja), and/or other script based upon or similar in structure to an ideographic script, such as hangul or kana; or (c) England, if a license to the Software is purchased when you are in any other jurisdiction not described above. The respective courts of Santa Clara County, California when California law applies, Tokyo District Court in Japan, when Japanese law applies, and the competent courts of England, when the law of England applies, shall each have non-exclusive jurisdiction over all disputes relating to this Agreement. This Agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
11. General Provisions. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of this Agreement, which shall remain valid and enforceable according to its terms. This Agreement shall not prejudice the statutory rights of any party dealing as a consumer. This Agreement may only be modified by a writing signed by an authorized officer of Adobe. Updates may be licensed to you by Adobe with additional or different terms. This is the entire agreement between Adobe and you relating to the Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software.
12. Notice to U.S. Government End Users. The Software and Documentation are "Commercial Items," as that term is defined at 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 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States. Adobe Systems Incorporated, 345 Park Avenue, San Jose, CA 95110-2704, USA. For U.S. Government End Users, Adobe agrees to comply with all applicable equal opportunity laws including, if appropriate, the provisions of Executive Order 11246, as amended, Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC 4212), and Section 503 of the Rehabilitation Act of 1973, as amended, and the regulations at 41 CFR Parts 60-1 through 60-60, 60-250, and 60-741. The affirmative action clause and regulations contained in the preceding sentence shall be incorporated by reference in this Agreement.
13. Compliance with Licenses. If you are a business or organization, you agree that upon request from Adobe or Adobe's authorized representative, you will within thirty (30) days fully document and certify that use of any and all Software at the time of the request is in conformity with your valid licenses from Adobe.
14. Specific Provisions and Exceptions.

14.1 Limited Warranty for Users Residing in Germany or Austria. If you obtained the Software in Germany or Austria, and you usually reside in such country, then Section 7 does not apply, instead, Adobe warrants that the Software provides the functionalities set forth in the Documentation (the "agreed upon functionalities") for the limited warranty period following receipt of the Software when used on the recommended hardware configuration. As used in this Section, "limited warranty period" means one (1) year if you are a business user and two (2) years if you are not a business user. Non-substantial variation from the agreed upon functionalities shall not be considered and does not establish any warranty rights. THIS LIMITED WARRANTY DOES NOT APPLY TO SOFTWARE PROVIDED TO YOU FREE OF CHARGE, FOR EXAMPLE, UPDATES, PRE-RELEASE, TRYOUT, PRODUCT SAMPLER, NOT FOR RESALE (NFR) COPIES OF SOFTWARE, OR SOFTWARE THAT HAS BEEN ALTERED BY YOU, TO THE EXTENT SUCH ALTERATIONS CAUSED A DEFECT. To make a warranty claim, during the limited warranty period you must return, at our expense, the Software and proof of purchase to the location where you obtained it. If the functionalities of the Software vary substantially from the agreed upon functionalities, Adobe is entitled -- by way of re-performance and at its own discretion -- to repair or replace the Software. If this fails, you are entitled to a reduction of the purchase price (reduction) or to cancel the purchase agreement (rescission). For further warranty information, please contact Adobe's Customer Support Department

14.2 Limitation of Liability for Users Residing in Germany and Austria.

14.2.1 If you obtained the Software in Germany or Austria, and you usually reside in such country, then Section 8 does not apply, Instead, subject to the provisions in Section 14.2.2, Adobe's statutory liability for damages shall be limited as follows: (i) Adobe shall be liable only up to the amount of damages as typically foreseeable at the time of entering into the purchase agreement in respect of damages caused by a slightly negligent breach of a material contractual obligation and (ii) Adobe shall not be liable for damages caused by a slightly negligent breach of a non-material contractual obligation.

14.2.2 The aforesaid limitation of liability shall not apply to any mandatory statutory liability, in particular, to liability under the German Product Liability Act, liability for assuming a specific guarantee or liability for culpably caused personal injuries.

14.2.3 You are required to take all reasonable measures to avoid and reduce damages, in particular to make back-up copies of the Software and your computer data subject to the provisions of this Agreement.

14.3 Pre-release Product Additional Terms. If the product you have received with this license is pre-commercial release or beta Software ("Pre-release Software"), then the following Section applies. To the extent that any provision in this Section is in conflict with any other term or condition in this Agreement, this Section shall supercede such other term(s) and condition(s) with respect to the Pre-release Software, but only to the extent necessary to resolve the conflict. You acknowledge that the Software is a pre-release version, does not represent final product from Adobe, and may contain bugs, errors and other problems that could cause system or other failures and data loss. Consequently, the Pre-release Software is provided to you "AS-IS", and Adobe disclaims any warranty or liability obligations to you of any kind. WHERE LIABILITY CANNOT BE EXCLUDED FOR PRE-RELEASE SOFTWARE, BUT IT MAY BE LIMITED, ADOBE'S LIABILITY AND THAT OF ITS SUPPLIERS SHALL BE LIMITED TO THE SUM OF FIFTY DOLLARS (U.S. $50) IN TOTAL. You acknowledge that Adobe has not promised or guaranteed to you that Pre-release Software will be announced or made available to anyone in the future, Adobe has no express or implied obligation to you to announce or introduce the Pre-release Software and that Adobe may not introduce a product similar to or compatible with the Pre-release Software. Accordingly, you acknowledge that any research or development that you perform regarding the Pre-release Software or any product associated with the Pre-release Software is done entirely at your own risk. During the term of this Agreement, if requested by Adobe, you will provide feedback to Adobe regarding testing and use of the Pre-release Software, including error or bug reports. If you have been provided the Pre-release Software pursuant to a separate written agreement, such as the Adobe Systems Incorporated Serial Agreement for Unreleased Products, your use of the Software is also governed by such agreement. You agree that you may not and certify that you will not sublicense, lease, loan, rent, assign or transfer the Pre-release Software. Upon receipt of a later unreleased version of the Pre-release Software or release by Adobe of a publicly released commercial version of the Software, whether as a stand-alone product or as part of a larger product, you agree to return or destroy all earlier Pre-release Software received from Adobe and to abide by the terms of the license agreement for any such later versions of the Pre-release Software. Notwithstanding anything in this Section to the contrary, if you are located outside the United States of America, you agree that you will return or destroy all unreleased versions of the Pre-release Software within thirty (30) days of the completion of your testing of the Software when such date is earlier than the date for Adobe's first commercial shipment of the publicly released (commercial) Software.

14.4 Settings Manager. Use of the Web Players, specifically the Flash Player, will enable the Software to store certain user settings as a local shared object on a your Computer. These settings are not associated with you, but allow you to configure certain settings within the Flash Player. You can find more information on local shared objects at http://www.adobe.com/software/flashplayer/security/ and more information on the Settings Manager at www.adobe.com/go/settingsmanager.

If you have any questions regarding this Agreement or if you wish to request any information from Adobe please use the address and contact information included with this product or via the web at www.adobe.com to contact the Adobe office serving your jurisdiction

Adobe, Authorware, Flash, Reader, and Shockwave are either registered trademarks or trademarks of Adobe Systems Incorporated in the United States and/or other countries.

Reader-PlayerWWEULA-en_US-20060607_2230

Silverlight

2008-03-05T04:00:00.001-08:00

MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT SILVERLIGHT 1.0

FOR INTERNET EXPLORER 6 AND 7 ON WINDOWS XP SP2 AND WINDOWS VISTA, AND FOR FIREFOX 1.5+ ON WINDOWS XP SP2 AND WINDOWS VISTA

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 (including but not limited to bug fixes, patches, updates, upgrades, enhancements, new versions, and successors to the software, collectively called “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, THIS SOFTWARE HAS AN AUTOMATIC UPDATE FEATURE THAT IS ON BY DEFAULT. UNLESS YOU EXPRESSLY OPT OUT OF THIS FEATURE, YOU CONSENT TO THE TRANSMISSION OF CERTAIN STANDARD COMPUTER INFORMATION TO MICROSOFT AND TO THE AUTOMATIC DOWNLOADING AND INSTALLATION OF UPDATES ON YOUR COMPUTER.

If you comply with these license terms, you have the rights below.

INSTALLATION AND USE RIGHTS. You may install and use any number of copies of the software only with the browser and operating system software named above.

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;

· publish the software for others to copy;

· rent, lease or lend the software; or

· transfer the software or this agreement to any third party.

AUTOMATIC UPDATES. This software contains an Automatic Update feature that is on by default. Microsoft may change or cancel it at any time. For more information about this feature, see http://go.microsoft.com/fwlink/?LinkId=87026. You may turn off this feature while the software is running (“opt-out”). Unless you expressly opt out of this feature, this feature will (a) connect to Microsoft or service provider computer systems over the Internet, (b) use Internet protocols to send to the appropriate systems your 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, and (c) automatically download and install, or prompt you to download and/or install, current Updates to a previous version of the software. By installing the software and not opting out of this feature, you consent to the transmission of your computer information and the automatic downloading and installation of Updates.

NOTICE ABOUT VC-1 VISUAL STANDARDS. This software may include VC-1 visual decoding technology. MPEG LA, L.L.C. requires this notice:
THIS PRODUCT IS LICENSED UNDER THE VC-1 PATENT PORTFOLIO LICENSES FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (A) ENCODE VIDEO IN COMPLIANCE WITH THE VC-1 STANDARD (“VC-1 VIDEO”) OR (B) DECODE VC-1 VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE VC-1 VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE.

If you have questions about the VC-1 visual standard, please contact MPEG LA, L.L.C., 250 Steele Street, Suite 300, Denver, Colorado 80206; http://www.mpegla.com.

BENCHMARK TESTING. You may conduct internal benchmark testing of the software. You may disclose the results of any benchmark test of those components, provided that you comply with the conditions set forth at http://go.microsoft.com/fwlink/?LinkID=66406. 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 software, provided it complies with the same conditions set forth at http://go.microsoft.com/fwlink/?LinkID=66406.

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.

SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it.

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.

APPLICABLE LAW.

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.

Outside the United States. If you acquired the software in any other country, the laws of that country apply.

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.

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.

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

2008-03-05T03:59:00.000-08:00

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.

· MFCs, ATLs and CRTs. You may 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.

· 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.

Java

2008-03-05T03:49:00.001-08:00

Sun Microsystems, Inc. Binary Code License Agreement

for the JAVA SE RUNTIME ENVIRONMENT (JRE) VERSION 6

SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE THE SOFTWARE IDENTIFIED BELOW TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS BINARY CODE LICENSE AGREEMENT AND SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY "AGREEMENT").� PLEASE READ THE AGREEMENT CAREFULLY.� BY DOWNLOADING OR INSTALLING THIS SOFTWARE, YOU ACCEPT THE TERMS OF THE AGREEMENT. INDICATE ACCEPTANCE BY SELECTING THE "ACCEPT" BUTTON AT THE BOTTOM OF THE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY ALL THE TERMS, SELECT THE "DECLINE" BUTTON AT THE BOTTOM OF THE AGREEMENT AND THE DOWNLOAD OR INSTALL PROCESS WILL NOT CONTINUE.

1. DEFINITIONS. "Software" means the identified above in binary form, any other machine readable materials (including, but not limited to, libraries, source files, header files, and data files), any updates or error corrections provided by Sun, and any user manuals, programming guides and other documentation provided to you by Sun under this Agreement. "Programs" mean Java applets and applications intended to run on the Java Platform, Standard Edition (Java SE) on Java-enabled general purpose desktop computers and servers.

2. LICENSE TO USE. Subject to the terms and conditions of this Agreement, including, but not limited to the Java Technology Restrictions of the Supplemental License Terms, Sun grants you a non-exclusive, non-transferable, limited license without license fees to reproduce and use internally Software complete and unmodified for the sole purpose of running Programs. Additional licenses for developers and/or publishers are granted in the Supplemental License Terms.

3. RESTRICTIONS. Software is confidential and copyrighted. Title to Software and all associated intellectual property rights is retained by Sun and/or its licensors. Unless enforcement is prohibited by applicable law, you may not modify, decompile, or reverse engineer Software.� You acknowledge that Licensed Software is not designed or intended for use in the design, construction, operation or maintenance of any nuclear facility. Sun Microsystems, Inc. disclaims any express or implied warranty of fitness for such uses. No right, title or interest in or to any trademark, service mark, logo or trade name of Sun or its licensors is granted under this Agreement. Additional restrictions for developers and/or publishers licenses are set forth in the Supplemental License Terms.

4. LIMITED WARRANTY.� Sun warrants to you that for a period of ninety (90) days from the date of purchase, as evidenced by a copy of the receipt, the media on which Software is furnished (if any) will be free of defects in materials and workmanship under normal use.� Except for the foregoing, Software is provided "AS IS".� Your exclusive remedy and Sun's entire liability under this limited warranty will be at Sun's option to replace Software media or refund the fee paid for Software. Any implied warranties on the Software are limited to 90 days. Some states do not allow limitations on duration of an implied warranty, so the above may not apply to you. This limited warranty gives you specific legal rights. You may have others, which vary from state to state.

5. DISCLAIMER OF WARRANTY.� UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.

6. LIMITATION OF LIABILITY.� TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.� In no event will Sun's liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you for Software under this Agreement.� The foregoing limitations will apply even if the above stated warranty fails of its essential purpose. Some states do not allow the exclusion of incidental or consequential damages, so some of the terms above may not be applicable to you.

7. TERMINATION.� This Agreement is effective until terminated.� You may terminate this Agreement at any time by destroying all copies of Software.� This Agreement will terminate immediately without notice from Sun if you fail to comply with any provision of this Agreement.� Either party may terminate this Agreement immediately should any Software become, or in either party's opinion be likely to become, the subject of a claim of infringement of any intellectual property right. Upon Termination, you must destroy all copies of Software.

8. EXPORT REGULATIONS. All Software and technical data delivered under this Agreement are subject to US export control laws and may be subject to export or import regulations in other countries.� You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain such licenses to export, re-export, or import as may be required after delivery to you.

9. TRADEMARKS AND LOGOS. You acknowledge and agree as between you and Sun that Sun owns the SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET trademarks and all SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET-related trademarks, service marks, logos and other brand designations ("Sun Marks"), and you agree to comply with the Sun Trademark and Logo Usage Requirements currently located at http://www.sun.com/policies/trademarks. Any use you make of the Sun Marks inures to Sun's benefit.

10. U.S. GOVERNMENT RESTRICTED RIGHTS.� If Software is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), then the Government's rights in Software and accompanying documentation will be only as set forth in this Agreement; this is in accordance with 48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD) acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions).

11. GOVERNING LAW.� Any action related to this Agreement will be governed by California law and controlling U.S. federal law.� No choice of law rules of any jurisdiction will apply.

12. SEVERABILITY. If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate.

13. INTEGRATION.� This Agreement is the entire agreement between you and Sun relating to its subject matter.� It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement.� No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.

SUPPLEMENTAL LICENSE TERMS

These Supplemental License Terms add to or modify the terms of the Binary Code License Agreement. Capitalized terms not defined in these Supplemental Terms shall have the same meanings ascribed to them in the Binary Code License Agreement . These Supplemental Terms shall supersede any inconsistent or conflicting terms in the Binary Code License Agreement, or in any license contained within the Software.

A. Software Internal Use and Development License Grant. Subject to the terms and conditions of this Agreement and restrictions and exceptions set forth in the Software "README" file incorporated herein by reference, including, but not limited to the Java Technology Restrictions of these Supplemental Terms, Sun grants you a non-exclusive, non-transferable, limited license without fees to reproduce internally and use internally the Software complete and unmodified for the purpose of designing, developing, and testing your Programs.

B. License to Distribute Software. Subject to the terms and conditions of this Agreement and restrictions and exceptions set forth in the Software README file, including, but not limited to the Java Technology Restrictions of these Supplemental Terms, Sun grants you a non-exclusive, non-transferable, limited license without fees to reproduce and distribute the Software, provided that (i) you distribute the Software complete and unmodified and only bundled as part of, and for the sole purpose of running, your Programs, (ii) the Programs add significant and primary functionality to the Software, (iii) you do not distribute additional software intended to replace any component(s) of the Software, (iv) you do not remove or alter any proprietary legends or notices contained in the Software, (v) you only distribute the Software subject to a license agreement that protects Sun's interests consistent with the terms contained in this Agreement, and (vi) you agree to defend and indemnify Sun and its licensors from and against any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results from the use or distribution of any and all Programs and/or Software.

C. Java Technology Restrictions. You may not create, modify, or change the behavior of, or authorize your licensees to create, modify, or change the behavior of, classes, interfaces, or subpackages that are in any way identified as "java", "javax", "sun" or similar convention as specified by Sun in any naming convention designation.

D. Source Code. Software may contain source code that, unless expressly licensed for other purposes, is provided solely for reference purposes pursuant to the terms of this Agreement. Source code may not be redistributed unless expressly provided for in this Agreement.

E. Third Party Code. Additional copyright notices and license terms applicable to portions of the Software are set forth in the THIRDPARTYLICENSEREADME.txt file. In addition to any terms and conditions of any third party opensource/freeware license identified in the THIRDPARTYLICENSEREADME.txt file, the disclaimer of warranty and limitation of liability provisions in paragraphs 5 and 6 of the Binary Code License Agreement shall apply to all Software in this distribution.

F. Termination for Infringement. Either party may terminate this Agreement immediately should any Software become, or in either party's opinion be likely to become, the subject of a claim of infringement of any intellectual property right.

G. Installation and Auto-Update. The Software's installation and auto-update processes transmit a limited amount of data to Sun (or its service provider) about those specific processes to help Sun understand and optimize them. Sun does not associate the data with personally identifiable information. You can find more information about the data Sun collects at http://java.com/data/.

For inquiries please contact: Sun Microsystems, Inc., 4150 Network Circle, Santa Clara, California 95054, U.S.A.

PDF Creator

2008-03-05T03:15:00.001-08:00

PDFCreator

About PDFCreator

With PDFCreator you can create Adobe® Acrobat® files, also known as Portable Document Format (PDF) files on Windows PC.

PDFCreator is a printer driver; it transforms the generic printer commands generated by programs into PDF commands and stores them in a PDF file. The result is that you can now create PDF files from almost all programs that can print.

You can set a number of properties of the PDF file.

WARRANTY AND LICENSE
This program is under GNU GENERAL PUBLIC LICENSE (see below).
Other Software used in the Project may be released under different licenses:
AFPL Ghostscript: Aladdin Free Public License (AFPL), see AFPL License.txt
GNU Ghostscript: GNU GENERAL PUBLIC LICENSE, see below
RedMon: Aladdin Free Public License (AFPL), see AFPL License.txt
pdfenc: GNU General Public License (GPL), see below
pdfforge: FairPlay License, see below

PDFCreator Toolbar: PDFCreator Toolbar Terms of use, see far below
Please also note the Toolbar FAQ (http://www.pdfcreator-toolbar.org/faqs) and Privacy Policy (http://www.pdfcreator-toolbar.org/privacy)

Authors: Philip Chinery, Frank Heindörfer
Homepage http://www.pdfforge.org

GNU GENERAL PUBLIC LICENSE
Version 2, June 1991

Copyright (C) 1989, 1991 Free Software Foundation, Inc.
59 Temple Place - Suite 330, Boston, MA 02111-1307, USA

Everyone is permitted to copy and distribute verbatim copies
of this license document, but changing it is not allowed.

Preamble
The licenses for most software are designed to take away your freedom to share and change it. By contrast, the GNU General Public License is intended to guarantee your freedom to share and change free software--to make sure the software is free for all its users. This General Public License applies to most of the Free Software Foundation's software and to any other program whose authors commit to using it. (Some other Free Software Foundation software is covered by the GNU Library General Public License instead.) You can apply it to your programs, too.

When we speak of free software, we are referring to freedom, not price. Our General Public Licenses are designed to make sure that you have the freedom to distribute copies of free software (and charge for this service if you wish), that you receive source code or can get it if you want it, that you can change the software or use pieces of it in new free programs; and that you know you can do these things.

To protect your rights, we need to make restrictions that forbid anyone to deny you these rights or to ask you to surrender the rights. These restrictions translate to certain responsibilities for you if you distribute copies of the software, or if you modify it.

For example, if you distribute copies of such a program, whether gratis or for a fee, you must give the recipients all the rights that you have. You must make sure that they, too, receive or can get the source code. And you must show them these terms so they know their rights.

We protect your rights with two steps: (1) copyright the software, and (2) offer you this license which gives you legal permission to copy, distribute and/or modify the software.

Also, for each author's protection and ours, we want to make certain that everyone understands that there is no warranty for this free software. If the software is modified by someone else and passed on, we want its recipients to know that what they have is not the original, so that any problems introduced by others will not reflect on the original authors' reputations.

Finally, any free program is threatened constantly by software patents. We wish to avoid the danger that redistributors of a free program will individually obtain patent licenses, in effect making the program proprietary. To prevent this, we have made it clear that any patent must be licensed for everyone's free use or not licensed at all.

The precise terms and conditions for copying, distribution and modification follow.

TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
0. This License applies to any program or other work which contains a notice placed by the copyright holder saying it may be distributed under the terms of this General Public License. The "Program", below, refers to any such program or work, and a "work based on the Program" means either the Program or any derivative work under copyright law: that is to say, a work containing the Program or a portion of it, either verbatim or with modifications and/or translated into another language. (Hereinafter, translation is included without limitation in the term "modification".) Each licensee is addressed as "you".

Activities other than copying, distribution and modification are not covered by this License; they are outside its scope. The act of running the Program is not restricted, and the output from the Program is covered only if its contents constitute a work based on the Program (independent of having been made by running the Program). Whether that is true depends on what the Program does.

1. You may copy and distribute verbatim copies of the Program's source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty; keep intact all the notices that refer to this License and to the absence of any warranty; and give any other recipients of the Program a copy of this License along with the Program.

You may charge a fee for the physical act of transferring a copy, and you may at your option offer warranty protection in exchange for a fee.

2. You may modify your copy or copies of the Program or any portion of it, thus forming a work based on the Program, and copy and distribute such modifications or work under the terms of Section 1 above, provided that you also meet all of these conditions:

a) You must cause the modified files to carry prominent notices stating that you changed the files and the date of any change.

b) You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License.

c) If the modified program normally reads commands interactively when run, you must cause it, when started running for such interactive use in the most ordinary way, to print or display an announcement including an appropriate copyright notice and a notice that there is no warranty (or else, saying that you provide a warranty) and that users may redistribute the program under these conditions, and telling the user how to view a copy of this License. (Exception: if the Program itself is interactive but does not normally print such an announcement, your work based on the Program is not required to print an announcement.)
These requirements apply to the modified work as a whole. If identifiable sections of that work are not derived from the Program, and can be reasonably considered independent and separate works in themselves, then this License, and its terms, do not apply to those sections when you distribute them as separate works. But when you distribute the same sections as part of a whole which is a work based on the Program, the distribution of the whole must be on the terms of this License, whose permissions for other licensees extend to the entire whole, and thus to each and every part regardless of who wrote it.
Thus, it is not the intent of this section to claim rights or contest your rights to work written entirely by you; rather, the intent is to exercise the right to control the distribution of derivative or collective works based on the Program.

In addition, mere aggregation of another work not based on the Program with the Program (or with a work based on the Program) on a volume of a storage or distribution medium does not bring the other work under the scope of this License.

3. You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following:

a) Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,

b) Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,

c) Accompany it with the information you received as to the offer to distribute corresponding source code. (This alternative is allowed only for noncommercial distribution and only if you received the program in object code or executable form with such an offer, in accord with Subsection b above.)
The source code for a work means the preferred form of the work for making modifications to it. For an executable work, complete source code means all the source code for all modules it contains, plus any associated interface definition files, plus the scripts used to control compilation and installation of the executable. However, as a special exception, the source code distributed need not include anything that is normally distributed (in either source or binary form) with the major components (compiler, kernel, and so on) of the operating system on which the executable runs, unless that component itself accompanies the executable.
If distribution of executable or object code is made by offering access to copy from a designated place, then offering equivalent access to copy the source code from the same place counts as distribution of the source code, even though third parties are not compelled to copy the source along with the object code.

4. You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance.

5. You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to modify or distribute the Program or its derivative works. These actions are prohibited by law if you do not accept this License. Therefore, by modifying or distributing the Program (or any work based on the Program), you indicate your acceptance of this License to do so, and all its terms and conditions for copying, distributing or modifying the Program or works based on it.

6. Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties to this License.

7. If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Program at all. For example, if a patent license would not permit royalty-free redistribution of the Program by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Program.

If any portion of this section is held invalid or unenforceable under any particular circumstance, the balance of the section is intended to apply and the section as a whole is intended to apply in other circumstances.

It is not the purpose of this section to induce you to infringe any patents or other property right claims or to contest validity of any such claims; this section has the sole purpose of protecting the integrity of the free software distribution system, which is implemented by public license practices. Many people have made generous contributions to the wide range of software distributed through that system in reliance on consistent application of that system; it is up to the author/donor to decide if he or she is willing to distribute software through any other system and a licensee cannot impose that choice.

This section is intended to make thoroughly clear what is believed to be a consequence of the rest of this License.

8. If the distribution and/or use of the Program is restricted in certain countries either by patents or by copyrighted interfaces, the original copyright holder who places the Program under this License may add an explicit geographical distribution limitation excluding those countries, so that distribution is permitted only in or among countries not thus excluded. In such case, this License incorporates the limitation as if written in the body of this License.

9. The Free Software Foundation may publish revised and/or new versions of the General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns.

Each version is given a distinguishing version number. If the Program specifies a version number of this License which applies to it and "any later version", you have the option of following the terms and conditions either of that version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of this License, you may choose any version ever published by the Free Software Foundation.

10. If you wish to incorporate parts of the Program into other free programs whose distribution conditions are different, write to the author to ask for permission. For software which is copyrighted by the Free Software Foundation, write to the Free Software Foundation; we sometimes make exceptions for this. Our decision will be guided by the two goals of preserving the free status of all derivatives of our free software and of promoting the sharing and reuse of software generally.

NO WARRANTY

11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

END OF TERMS AND CONDITIONS
How to Apply These Terms to Your New Programs
If you develop a new program, and you want it to be of the greatest possible use to the public, the best way to achieve this is to make it free software which everyone can redistribute and change under these terms.

To do so, attach the following notices to the program. It is safest to attach them to the start of each source file to most effectively convey the exclusion of warranty; and each file should have at least the "copyright" line and a pointer to where the full notice is found.

one line to give the program's name and an idea of what it does.
Copyright (C) yyyy name of author

This program is free software; you can redistribute it and/or
modify it under the terms of the GNU General Public License
as published by the Free Software Foundation; either version 2
of the License, or (at your option) any later version.

This program is distributed in the hope that it will be useful,
but WITHOUT ANY WARRANTY; without even the implied warranty of
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the
GNU General Public License for more details.

You should have received a copy of the GNU General Public License
along with this program; if not, write to the Free Software
Foundation, Inc., 59 Temple Place - Suite 330, Boston, MA 02111-1307, USA.

Also add information on how to contact you by electronic and paper mail.

If the program is interactive, make it output a short notice like this when it starts in an interactive mode:

Gnomovision version 69, Copyright (C) year name of author
Gnomovision comes with ABSOLUTELY NO WARRANTY; for details
type `show w'. This is free software, and you are welcome
to redistribute it under certain conditions; type `show c'
for details.

The hypothetical commands `show w' and `show c' should show the appropriate parts of the General Public License. Of course, the commands you use may be called something other than `show w' and `show c'; they could even be mouse-clicks or menu items--whatever suits your program.

You should also get your employer (if you work as a programmer) or your school, if any, to sign a "copyright disclaimer" for the program, if necessary. Here is a sample; alter the names:

Yoyodyne, Inc., hereby disclaims all copyright
interest in the program `Gnomovision'
(which makes passes at compilers) written
by James Hacker.

signature of Ty Coon, 1 April 1989
Ty Coon, President of Vice

This General Public License does not permit incorporating your program into proprietary programs. If your program is a subroutine library, you may consider it more useful to permit linking proprietary applications with the library. If this is what you want to do, use the GNU Library General Public License instead of this License.

PDFCreator Toolbar Terms of Use
(posted: http://www.pdfcreator-toolbar.org/termsofuse)

These TOOLBAR TERMS OF USE govern your use of the Toolbar only. Other terms of use govern any other software that you may choose to install on your computer.

IMPORTANT: READ CAREFULLY BEFORE INSTALLING AND/OR USING THE TOOLBAR (AS DEFINED BELOW). Your use of the PDFCreator Toolbar software and any updates thereto (the "Toolbar") constitutes your acceptance of these terms of use of this Toolbar ("Toolbar Terms of Use") provided to you by PDFCreator ("we", "us", or "the Company"), and the Third Party Beneficiary (defined below) and the licensor of the Toolbar, Candeo Technologies Ltd. ("Candeo"). By clicking on our "I Agree" or "Accept" button, installing, copying or otherwise using the Toolbar, you agree to be bound by these Toolbar Terms of Use. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY OR USE THE TOOLBAR.

Toolbar Functionality
The Toolbar is a browser plug-in powered for us by Candeo, which provides you easy access to search results from anywhere on the web by installing a space-efficient search box just to the right of your browser's address bar. Search queries are directed to search.pdfcreator-toolbar.org, and the search results from the leading search providers appear immediately on your screen in response to any such queries. The Toolbar also includes a pop-up blocker to help you surf the web more easily and efficiently. The Toolbar does not serve pop-up or pop-under advertising to you of any kind nor does it collect any personally identifiable information or information about your web usage (i.e., "surfing") behavior.

Removal of Toolbar
YOU CAN UNINSTALL THE TOOLBAR AT ANY TIME BY USING THE STANDARD 'ADD/REMOVE PROGRAMS' FUNCTIONALITY WITHIN YOUR WINDOWS CONTROL PANEL OR BY SELECTING 'UNINSTALL' FROM THE TOOLBAR'S MAIN PULLDOWN MENU.

IF YOU EXPERIENCE ANY DIFFICULTY IN UNINSTALLING THE TOOLBAR, PLEASE REFER TO http://www.pdfcreator-toolbar.org/help OR CONTACT US AT support@pdfcreator-toolbar.org.

Privacy
Your privacy is very important. The Toolbar will NOT install any third party applications to your computer. We do NOT collect, receive or store any personally identifiable information about you or any information about your general Internet usage or computer usage via the Toolbar. We will not serve any advertisements to you via a "pop-up" or "pop-under" window via the Toolbar. If you choose to use the Toolbar, you may receive sponsored search results based on your search requests on the search results page delivered by the Toolbar. The information we (or a third party acting on our behalf) may collect and receive is limited to non-personally identifiable information including: unique Toolbar ID, your IP address, the Toolbar's source ID, version of the Toolbar you downloaded, type of operating system and version of IE that you are running, end-user machine specific ID ("unique hash"), time and date of the Toolbar's original activation or update/update check-in, whether the Toolbar is hidden, and search terms you used to search using the Toolbar. Furthermore, the Toolbar's search results pages will only set a cookie onto your computer if you select a "Preference" from our search results pages to customize how our search results are delivered to you. Please refer to our full privacy policy for the Toolbar at http://www.pdfcreator-toolbar.org/privacy for more information.

Authority
You represent and warrant that you are duly authorized and have the authority or consent from the owner of the computer on which you wish to download and install the Toolbar.

Third Party Beneficiary
Candeo has authorized us to distribute and sublicense the Toolbar to you and other end users as provided in these Toolbar Terms of Use and is an intended third party beneficiary ("Third Party Beneficiary"). As a Third Party Beneficiary to these Toolbar Terms of Use, Candeo is entitled to directly enforce, in its own name, the rights and obligations undertaken by end users and to seek all legal and equitable remedies as are afforded to us.

Rights Granted
We grant you a nonexclusive, nontransferable, limited license permitting you to download and install the Toolbar solely for your personal use. You shall not use the Toolbar in any manner that could damage, disable, overburden, or impair the search services. The rights granted to you hereunder shall not be assigned, sublicensed, or otherwise conveyed to any other person, organization, or entity. You may not sell, assign, grant a security interest in or otherwise transfer any right in the Toolbar. You may not copy the Toolbar. You may not translate, reverse-engineer or decompile, make derivative works from, or otherwise attempt to discover any source code in the Toolbar. You may not modify the Toolbar or use it in any way not expressly authorized by these Toolbar Terms of Use or us. Finally, you may not authorize or assist any third party to do any of the things described in this paragraph. You understand that the introduction of software features, components and upgrades may not be consistent across all platforms and that the performance and features offered may vary depending on your computer and related equipment.

Amendment
We may modify or otherwise amend these Toolbar Terms of Use at any time without prior notice to you. Any such modifications shall be deemed effective immediately upon publishing on the website located at http://www.pdfcreator-toolbar.org/termsofuse (the "Site"). For clarity, should any of these Toolbar Terms of Use differ from the Toolbar Terms of Use published on the Site, the version published on the Site shall govern. You agree to the amended Toolbar Terms of Use by continuing your use of the Toolbar. If you do not agree with the modified terms, your only remedy is to discontinue using the Toolbar or to remove it from your computer.

Export Restriction
You will not export or re-export, directly or indirectly, the Toolbar into any country prohibited by the United States Export Administration Act and the regulations thereunder or those of any foreign agency or authority.

Ownership
You do not become the owner of the Toolbar. As between you and us, we are the owner or licensee of all intellectual property rights in and to the Toolbar (excluding the Content). By these Toolbar Terms of Use, you are conveyed only a limited right to access and use the Toolbar. All rights not specifically granted herein, including Federal and International copyrights, are reserved by us or our licensors, as applicable..

Content and Disclosure
You understand that all content resulting from your search queries, including, without limitation all data, links, articles, search results, photographs or other materials ("Content") made available or accessible through the Toolbar, is the sole responsibility of the entity from whom it originated. You understand and agree that by using the Toolbar, you may be exposed to Content that may be offensive, indecent or objectionable in your community. You agree to accept all risks associated with the use of any Content, including any risks associated with the integrity, quality, legality, accuracy or completeness of such Content. You acknowledge that we do not control or have knowledge of the Content made available or accessible through the Toolbar.

Toolbar Updates
The Toolbar will automatically communicate with our, Candeo's or a third party's servers to check for and install updates to the Toolbar, such as bug fixes, new features, registry settings, and other modifications only if you opt-in to automatically receive such updates when first prompted after initially installing the product. Otherwise, you will be prompted for every such update, and you may choose when so prompted to accept or decline the update. When you consent to the receipt and installation of such updates, you agree that all such updates to the Toolbar shall be governed by these Toolbar Terms of Use.

Content
We may provide links to Internet sites or resources not owned or controlled by us, including the search results you receive. Because we have no control over such sites and resources, you acknowledge and agree that neither Candeo nor we are responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Neither Candeo nor we shall be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by the use of or reliance on any such content, goods, or services available on or through any such site or resource.

Disclaimer of Warranties and Limitation of Liability
THE TOOLBAR, DOCUMENTATION, SERVICES AND CONTENT ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND AND ARE PROVIDED ON AN 'AS IS' BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND CANDEO FURTHER DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE TOOLBAR, DOCUMENTATION, SERVICES AND CONTENT REMAINS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR CANDEO BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE TOOLBAR, THE SERVICES OR THE CONTENT, EVEN IF WE OR CANDEO HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT OR ANYTHING ELSE), THE ENTIRE LIABILITY OF EITHER OF CANDEO AND ANY OF ITS AFFILIATES AND US UNDER ANY PROVISION OF THESE TOOLBAR TERMS OF USE AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO U.S.$5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

Indemnification
You agree to release, indemnify, defend, and hold us harmless and hold harmless Candeo, its parents, shareholders, subsidiaries, affiliates, officers, directors, employees, agents, and advisors, from and against any and all losses, liabilities, claims, demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, execution and licenses, including reasonable attorneys' fees and costs due to or arising out of your use, installation, or download of the Toolbar or your breach of these Toolbar Terms of Use.

Termination
You may terminate these Toolbar Terms of Use at any time by uninstalling the Toolbar from the computer. Please note that you may also be required to uninstall other software programs you chose to install from us at the same time.

General
These Toolbar Terms of Use shall be governed by the laws of England and Wales. These Toolbar Terms of Use contain the complete agreement between the parties with respect to the subject matter hereof and supersede all prior or contemporaneous agreements or understandings, whether written or oral. If any provision in these Toolbar Terms of Use shall be found or be held to be invalid or unenforceable, then the meaning of said provision shall be construed, to the extent feasible, so as to render the provision enforceable, and if no feasible interpretation would save such provision, it shall be severed from the remainder of these Toolbar Terms of Use, which shall remain in full force and effect. In such event, the parties shall negotiate in good faith, a substitute, valid, and enforceable provision that most nearly effect the parties' intent in entering into these Toolbar Terms of Use.

Updated: May 25, 2006

FairPlay License Version 1.0

This software is available as source code, but the licensing differs in some parts strongly from other OpenSource Licenses like the GPL. Please read this license even more carefully, if you have experience with other licenses.

1. This package is provided "as is" and without any express or implied warranties, including, without limitation, the implied warranties of MERCHANTIBILITY and FITNESS FOR A PARTICULAR PURPOSE.

2. The Software may be used in and distributed for personal and commercial use (like in companies). Linking the software with free programs is allowed and may be distributed with them, even if the programs are used in a commercial environment.

3. Using the software in commercial applications, whether used directly or linked into the application, requires seperate licensing.

4. The software is available as source code. That means that the code required for building the software is publicly available. Changes to the source by others must be documented in the source and the authors must be notified of this. This is not required for changes for internal use.

5. The software and the source may be distributed in unmodified form. You may charge a small amount of money for the CD, bandwidth and similar costs. Selling the source or the compiled software is prohibited without written
permission of the copyright holder. Modified versions of this software may only be distributed under the terms of this license. This means, that selling the modified source code and resultant compiled software is prohibited without written permission of the copyright holder, too.The compiled software has to be distributed together with the source or a prominent notice where to find it.

6. The name of the copyright holder may not be used to support or advertise software that was derived from the original without written permission as successor.

foxit reader

2008-03-05T03:12:00.000-08:00

Foxit Reader End User License Agreement

This agreement is made between Foxit Software Company of San Jose, California, USA ("Foxit") and you, the person who make use of Foxit Reader ("You").

You must agree all terms in this agreement in order to use Foxit Reader legally. If you don't agree all terms in the agreement, please don't use Foxit Reader, and delete all related files from your computer.

1. OWNERSHIP: Foxit Reader is fully owned by Foxit, this license agreement doesn't change the ownership.

2. LICENSE: Foxit grants You the license to use Foxit Reader, free of charge, if you meet all the conditions listed in section 3, "Conditions".

3. CONDITIONS: To be licensed to use Foxit Reader, You must:
a) Not modify any part of Foxit Reader;
b) Agree to release Foxit from all liability caused directly or indirectly by using Foxit Reader;
c) Not controlling Foxit Reader from other application, except launching Foxit Reader;

4. REDISTRIBUTION: You can not redistribute Foxit Reader under this agreement, please contact sales@foxitsoftware.com for information on our free redistribution agreement.

firefox

2008-03-05T02:59:00.000-08:00

MOZILLA FIREFOX END-USER SOFTWARE LICENSE AGREEMENT
Version 2.0

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://mozilla.org. 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/firefox/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. 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.

6. 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.

7. 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.

8. 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.

9. 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.

Office Professional 2003

2008-03-05T02:31:00.000-08:00

END-USER LICENSE AGREEMENT FOR MICROSOFT SOFTWARE
IMPORTANT—READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Microsoft Corporation for the Microsoft software that accompanies this EULA, which includes associated media and Microsoft Internet-based services ("Software"). An amendment or addendum to this EULA may accompany the Software. YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE; YOU MAY RETURN IT TO YOUR PLACE OF PURCHASE FOR A FULL REFUND, IF APPLICABLE.
1. GRANT OF LICENSE. Microsoft grants you the following rights provided that you comply with all terms and conditions of this EULA:
1.1 Installation and use. You may:
(a) install and use a copy of the Software on one personal computer or other device; and
(b) install an additional copy of the Software on a second, portable device for the exclusive use of the primary user of the first copy of the Software.
1.2 Alternative Rights for Storage/Network Use. As an alternative to Section 1.1(a), you may install a copy of the Software on a network storage device, such as a server computer, and allow one access device, such as a personal computer, to access and use that licensed copy of the Software over a private network. You must obtain a license to the Software for each additional device that accesses and uses the Software installed on the network storage device, except as permitted by Section 1.4 of this EULA.
1.3 License Grant for Remote Desktop. You may use remote access technologies, such as the Remote Desktop features in Microsoft Windows or NetMeeting, to access and use your licensed copy of the Software, provided that only the primary user of the device hosting the remote desktop session accesses and uses the Software with a remote access device. These remote desktop rights do not permit you to use the Software on both the device hosting the remote desktop session and the access device at the same time.
1.4 License Grant for Remote Assistance. You may permit any device to access and use your licensed copy of the Software for the sole purpose of providing you with technical support and maintenance services.
1.5 License Grant for Media Elements. The Software may include certain photographs, clip art, shapes, animations, sounds, music and video clips that are identified in the Software for your use (together "Media Elements"). You may copy and modify the Media Elements, and license, display and distribute them, along with your modifications as part of your software products and services, including your web sites, but you are not licensed to do any of the following:
• You may not sell, license or distribute copies of the Media Elements by themselves or as part of any collection, product or service if the primary value of the product or service is in the Media Elements.
• You may not grant customers of your product or service any rights to license or distribute the Media Elements.
• You may not license or distribute any of the Media Elements that include representations of identifiable individuals, governments, logos, initials, emblems, trademarks, or entities for any commercial purposes or to express or imply any endorsement or association with any product, service, entity, or activity.
• You may not create obscene or scandalous works, as defined by federal law at the time the work is created, using the Media Elements.
In addition, you must (a) indemnify and defend Microsoft from and against any claims or lawsuits, including attorneys' fees that arise from or result from the licensing, use or distribution of Media Elements as modified by you, and (b) include a valid copyright notice on your products and services that include the Media Elements.
1.6 License Grant for Documentation. The documentation that accompanies the Software is licensed for internal, non-commercial reference purposes only.
1.7 License Grant for Templates. The Software may include document templates. You may copy and modify the document templates available as part of the Microsoft software that accompanies this EULA and distribute such templates along with your modifications for use by other licensees of the Software. You also may copy, modify and distribute the templates available through related Internet-based services along with your modifications for use by other licensees of the Software, but only for personal or commercial correspondence involving person-to-person communication. You are not licensed to do any of the following:
• You may not sell, resell, license, rent, lease, lend, or otherwise transfer for value, the templates.
• You may not distribute the templates available via Internet-based services as part of any product or service.
• You may not copy or post any templates available through Internet-based services on any network computer or broadcast it in any media.
You must indemnify and defend Microsoft against any claims or lawsuits, including attorneys' fees, that arise from or result from the licensing or distribution of the templates as modified by you.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
2.1 Mandatory Activation. THERE ARE TECHNOLOGICAL MEASURES IN THIS SOFTWARE THAT ARE DESIGNED TO PREVENT UNLICENSED USE OF THE SOFTWARE. You may not be able to exercise your rights to the Software under this EULA after a finite number of product launches unless you activate your copy of the Software in the manner described during the launch sequence. You may also need to reactivate the Software if you modify your computer hardware or alter the Software. Microsoft will use those measures to confirm you have a legally licensed copy of the Software. If you are not using a licensed copy of the Software, you are not allowed to install the Software or future Software updates. Microsoft will not collect any personally identifiable information from your device during this process.
2.2 Internet-Based Services. You may not use any Microsoft Internet-based services associated with the Software in any manner that could damage, disable, overburden, or impair such services or interfere with any other party's use and enjoyment of them. You may not attempt to gain unauthorized access to any service, account, computer systems or networks associated with the Internet-based services.
2.3 Speech/Handwriting Recognition. If the Software includes speech and/or handwriting recognition component(s), you should understand that speech and handwriting recognition are inherently statistical processes; that recognition errors are inherent in the processes; that it is your responsibility to provide for the handling of such errors and to monitor the recognition processes and correct any errors. Neither Microsoft nor its suppliers shall be liable for any damages arising out of errors in the speech and handwriting recognition processes.
2.4 Report-Writing Runtime Software Limitations. The Software may contain report-writing runtime software ("Runtime Software"). Other than use with the Software, you may not use the Runtime Software with any other software application nor use the Runtime Software as part of any process or system that is used to automatically deliver, share or distribute documents or other work created using the Runtime Software.
3. RESERVATION OF RIGHTS AND OWNERSHIP. Microsoft reserves all rights not expressly granted to you in this EULA. The Software is protected by copyright and other intellectual property laws and treaties. Microsoft or its suppliers own the title, copyright, and other intellectual property rights in the Software. The Software is licensed, not sold. This EULA does not grant you any rights to trademarks or service marks of Microsoft.
4. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
5. NO RENTAL/COMMERCIAL HOSTING. You may not rent, lease, lend or provide commercial hosting services with the Software.
6. CONSENT TO USE OF DATA. You agree that Microsoft and its affiliates may collect and use technical information gathered as part of the product support services provided to you, if any, related to the Software. Microsoft may use this information solely to improve our products or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you.
7. LINKS TO THIRD PARTY SITES. Microsoft is not responsible for the contents of any third-party sites or services, any links contained in third-party sites or services, or any changes or updates to third-party sites or services. Microsoft is providing these links and access to third-party sites and services to you only as a convenience, and the inclusion of any link or access does not imply an endorsement by Microsoft of the third-party site or service.
8. ADDITIONAL SOFTWARE/SERVICES. This EULA applies to updates, supplements, add-on components, or Internet-based services components, of the Software that Microsoft may provide to you or make available to you after the date you obtain your initial copy of the Software, unless they are accompanied by separate terms. Microsoft reserves the right to discontinue Internet-based services provided to you or made available to you through the use of the Software.
9. UPGRADES. To use Software identified as an upgrade, you must first be licensed for the software identified by Microsoft as eligible for the upgrade. After installing the upgrade, you may no longer use the original software that formed the basis for your upgrade eligibility, except as part of the upgraded software.
10. NOT FOR RESALE SOFTWARE. Software identified as "Not for Resale" or "NFR," may not be sold or otherwise transferred for value, or used for any purpose other than demonstration, test or evaluation.
11. ACADEMIC EDITION SOFTWARE. To use Software identified as "Academic Edition" or "AE," you must be a "Qualified Educational User." For qualification-related questions, please contact the Microsoft Sales Information Center/One Microsoft Way/Redmond, WA 98052-6399 or the Microsoft subsidiary serving your country.
12. EXPORT RESTRICTIONS. You acknowledge that the Software is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments. For additional information see .
13. SEPARATION OF COMPONENTS. The Software is licensed as a single product. Its component parts may not be separated for use on more than one device.
14. SOFTWARE TRANSFER. Internal. You may transfer your copy of the Software to a different device. After the transfer, you must completely remove the Software from the former device. Transfer to Third Party. If you are the person who initially licensed the Software, you may make a one-time permanent transfer of this EULA, Software and Certificate of Authenticity (if applicable) to another end user, provided that you do not retain any copies of the Software. This transfer must include all of the Software (including all component parts, the media and printed materials, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity). The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the Software must agree to all the EULA terms.
15. TERMINATION. Without prejudice to any other rights, Microsoft may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Software and all of its component parts.
16. LIMITED WARRANTY FOR SOFTWARE ACQUIRED IN THE US AND CANADA.
Microsoft warrants that the Software will perform substantially in accordance with the accompanying materials for a period of ninety (90) days from the date of receipt.
If an implied warranty or condition is created by your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (NINETY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE NINETY DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some states/jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may not apply to you.
Any supplements or updates to the Software, including without limitation, any (if any) service packs or hot fixes provided to you after the expiration of the ninety day Limited Warranty period are not covered by any warranty or condition, express, implied or statutory.
LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES. Your exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for any refund elected by Microsoft, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Software does not meet Microsoft's Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The terms of Section 18 ("Exclusion of Incidental, Consequential and Certain Other Damages") are also incorporated into this Limited Warranty. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This Limited Warranty gives you specific legal rights. You may have other rights which vary from state/jurisdiction to state/jurisdiction. YOUR EXCLUSIVE REMEDY. Microsoft's and its suppliers' entire liability and your exclusive remedy for any breach of this Limited Warranty or for any other breach of this EULA or for any other liability relating to the Software shall be, at Microsoft's option from time to time exercised subject to applicable law, (a) return of the amount paid (if any) for the Software, or (b) repair or replacement of the Software, that does not meet this Limited Warranty and that is returned to Microsoft with a copy of your receipt. You will receive the remedy elected by Microsoft without charge, except that you are responsible for any expenses you may incur (e.g. cost of shipping the Software to Microsoft). This Limited Warranty is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use or a virus. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer, and Microsoft will use commercially reasonable efforts to provide your remedy within a commercially reasonable time of your compliance with Microsoft's warranty remedy procedures. Outside the United States or Canada, neither these remedies nor any product support services offered by Microsoft are available without proof of purchase from an authorized international source. To exercise your remedy, contact: Microsoft, Attn. Microsoft Sales Information Center/One Microsoft Way/Redmond, WA 98052-6399, or the Microsoft subsidiary serving your country.

17. DISCLAIMER OF WARRANTIES. The Limited Warranty that appears above is the only express warranty made to you and is provided in lieu of any other express warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other communications. Except for the Limited Warranty and to the maximum extent permitted by applicable law, Microsoft and its suppliers provide the Software and support services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Software, and the provision of or failure to provide support or other services, information, software, and related content through the Software or otherwise arising out of the use of the Software. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.
18. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MICROSOFT OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATON, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF MICROSOFT OR ANY SUPPLIER, AND EVEN IF MICROSOFT OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
19. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct or general damages in contract or anything else), the entire liability of Microsoft and any of its suppliers under any provision of this EULA and your exclusive remedy hereunder (except for any remedy of repair or replacement elected by Microsoft with respect to any breach of the Limited Warranty) shall be limited to the greater of the actual damages you incur in reasonable reliance on the Software up to the amount actually paid by you for the Software or US$5.00. The foregoing limitations, exclusions and disclaimers (including Sections 16, 17 and 18) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
20. U.S. GOVERNMENT LICENSE RIGHTS. All Software provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described elsewhere herein. All Software provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with "Restricted Rights" as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
21. APPLICABLE LAW. If you acquired this Software in the United States, this EULA is governed by the laws of the State of Washington. If you acquired this Software in Canada, unless expressly prohibited by local law, this EULA is governed by the laws in force in the Province of Ontario, Canada; and, in respect of any dispute which may arise hereunder, you consent to the jurisdiction of the federal and provincial courts sitting in Toronto, Ontario. If you acquired this Software in the European Union, Iceland, Norway, or Switzerland, then local law applies. If you acquired this Software in any other country, then local law may apply.
22. ENTIRE AGREEMENT; SEVERABILITY. This EULA (including any addendum or amendment to this EULA which is included with the Software) is the entire agreement between you and Microsoft relating to the Software and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. To the extent the terms of any Microsoft policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
Si vous avez acquis votre produit Microsoft au CANADA, la garantie limitée suivante vous concerne :
GARANTIE LIMITÉE
Microsoft garantit que le Logiciel fonctionnera conformément aux documents inclus pendant une période de 90 jours suivant la date de réception.
Si une garantie ou condition implicite est créée par votre État ou votre territoire et qu'une loi fédérale ou provinciale ou État en interdit le déni, vous jouissez également d'une garantie ou condition implicite, MAIS UNIQUEMENT POUR LES DÉFAUTS DÉCOUVERTS DURANT LA PÉRIODE DE LA PRÉSENTE GARANTIE LIMITÉE (QUATRE-VINGT-DIX JOURS). IL N'Y A AUCUNE GARANTIE OU CONDITION DE QUELQUE NATURE QUE CE SOIT QUANT AUX DÉFAUTS DÉCOUVERTS APRÈS CETTE PÉRIODE DE QUATRE-VINGT-DIX JOURS. Certains États ou territoires ne permettent pas de limiter la durée d'une garantie ou condition implicite de sorte que la limitation cidessus peut ne pas s'appliquer à vous.
Tous les suppléments ou toutes les mises à jour relatifs au Logiciel, notamment, les ensembles de services ou les réparations à chaud (le cas échéant) qui vous sont fournis après l'expiration de la période de quatre-vingt-dix jours de la garantie limitée ne sont pas couverts par quelque garantie ou condition que ce soit, expresse ou implicite.
LIMITATION DES RECOURS; ABSENCE DE DOMMAGES INDIRECTS OU AUTRES. Votre recours exclusif pour toute violation de la présente garantie limitée est décrit ciaprès. Sauf pour tout remboursement au choix de Microsoft, si le Logiciel ne respecte pas la garantie limitée de Microsoft et, dans la mesure maximale permise par les lois applicables, même si tout recours n'atteint pas son but essentiel, VOUS N'AVEZ DROIT À AUCUNS DOMMAGES, NOTAMMENT DES DOMMAGES INDIRECTS. Les modalités de la clause «Exclusion des dommages accessoires, indirects et de certains autres dommages » sont également intégrées à la présente garantie limitée. Certains États ou territoires ne permettent pas l'exclusion ou la limitation des dommages indirects ou accessoires de sorte que la limitation ou l'exclusion cidessus peut ne pas s'appliquer à vous. La présente garantie limitée vous donne des droits légaux spécifiques. Vous pouvez avoir d'autres droits qui peuvent varier d'un territoire ou d'un État à un autre. VOTRE RECOURS EXCLUSIF. L'obligation intégrale de Microsoft et de ses fournisseurs et votre recours exclusif seront, selon le choix de Microsoft de temps à autre sous réserve de toute loi applicable, a) le remboursement du prix payé, le cas échéant, pour le Logiciel ou b) la réparation ou le remplacement du Logiciel qui ne respecte pas la présente garantie limitée et qui est retourné à Microsoft avec une copie de votre reçu. Vous recevrez la compensation choisie par Microsoft, sans frais, sauf que vous êtes responsable des dépenses que vous pourriez engager (p. ex., les frais d'envoi du Logiciel à Microsoft). La présente garantie limitée est nulle si la défectuosité du Logiciel est causée par un accident, un usage abusif, une mauvaise application, un usage anormal ou un virus. Tout Logiciel de remplacement sera garanti pour le reste de la période de garantie initiale ou pendant trente (30) jours, selon la plus longue entre ces deux périodes. À l'extérieur des États-Unis ou du Canada, ces recours ou l'un quelconque des services de soutien technique offerts par Microsoft ne sont pas disponibles sans preuve d'achat d'une source internationale autorisée. Pour exercer votre recours, vous devez communiquer avec Microsoft et vous adresser au Microsoft Sales Information Center/One Microsoft Way/Redmond, WA 98052-6399, ou à la filiale de Microsoft de votre pays.
DÉNI DE GARANTIES. La garantie limitée mentionnée ci-dessus constitue la seule garantie expresse qui vous est donnée et remplace toutes autres garanties expresses (s'il en est) mentionnées dans un document ou sur un emballage. Sauf en ce qui a trait à la garantie limitée et dans la mesure maximale permise par les lois applicables, le Logiciel et les services de soutien technique (le cas échéant) sont fournis TELS QUELS ET AVEC TOUS LES DÉFAUTS par Microsoft et ses fournisseurs, lesquels par les présentes dénient toutes autres garanties et conditions expresses, implicites ou en vertu de la loi, notamment (le cas échéant) les garanties, devoirs ou conditions implicites de qualité marchande, d'adaptation à un usage particulier, d'exactitude ou d'exhaustivité des réponses, des résultats, des efforts déployés selon les règles de l'art, d'absence de virus et de négligence, le tout à l'égard du Logiciel et de la prestation des services de soutien technique ou de l'omission d'une telle prestation. PAR AILLEURS, IL N'Y A AUCUNE GARANTIE OU CONDITION QUANT AU TITRE DE PROPRIÉTÉ, À LA JOUISSANCE OU LA POSSESSION PAISIBLE, À LA CONCORDANCE À UNE DESCRIPTION NI QUANT À UNE ABSENCE DE CONTREFAÇON CONCERNANT LE LOGICIEL.
EXCLUSION DES DOMMAGES ACCESSOIRES, INDIRECTS ET DE CERTAINS AUTRES DOMMAGES. DANS LA MESURE MAXIMALE PERMISE PAR LES LOIS APPLICABLES, EN AUCUN CAS MICROSOFT OU SES FOURNISSEURS NE SERONT RESPONSABLES DES DOMMAGES SPÉCIAUX, CONSÉCUTIFS, ACCESSOIRES OU INDIRECTS DE QUELQUE NATURE QUE CE SOIT (NOTAMMENT, LES DOMMAGES À L'ÉGARD DU MANQUE À GAGNER OU DE LA DIVULGATION DE RENSEIGNEMENTS CONFIDENTIELS OU AUTRES, DE LA PERTE D'EXPLOITATION, DE BLESSURES CORPORELLES, DE LA VIOLATION DE LA VIE PRIVÉE, DE L'OMISSION DE REMPLIR TOUT DEVOIR, Y COMPRIS D'AGIR DE BONNE FOI OU D'EXERCER UN SOIN RAISONNABLE, DE LA NÉGLIGENCE ET DE TOUTE AUTRE PERTE PÉCUNIAIRE OU AUTRE PERTE DE QUELQUE NATURE QUE CE SOIT) SE RAPPORTANT DE QUELQUE MANIÈRE QUE CE SOIT À L'UTILISATION DU LOGICIEL OU À L'INCAPACITÉ DE S'EN SERVIR, À LA PRESTATION OU À L'OMISSION D'UNE TELLE PRESTATION DE SERVICES DE SOUTIEN TECHNIQUE OU AUTREMENT AUX TERMES DE TOUTE DISPOSITION DU PRÉSENT EULA OU RELATIVEMENT À UNE TELLE DISPOSITION, MÊME EN CAS DE FAUTE, DE DÉLIT CIVIL (Y COMPRIS LA NÉGLIGENCE), DE RESPONSABILITÉ STRICTE, DE VIOLATION DE CONTRAT OU DE VIOLATION DE GARANTIE DE MICROSOFT OU DE TOUT FOURNISSEUR ET MÊME SI MICROSOFT OU TOUT FOURNISSEUR A ÉTÉ AVISÉ DE LA POSSIBILITÉ DE TELS DOMMAGES.
LIMITATION DE RESPONSABILITÉ ET RECOURS. Malgré les dommages que vous puissiez subir pour quelque motif que ce soit (notamment, tous les dommages susmentionnés et tous les dommages directs ou généraux), l'obligation intégrale de Microsoft et de l'un ou l'autre de ses fournisseurs aux termes de toute disposition du présent EULA et votre recours exclusif à l'égard de tout ce qui précède (sauf en ce qui concerne tout recours de réparation ou de remplacement choisi par Microsoft à l'égard de tout manquement à la garantie limitée) se limite au plus élevé entre les montants suivants : le montant que vous avez réellement payé pour le Logiciel ou 5,00 $US. Les limites, exclusions et dénis qui précèdent (y compris les clauses ci-dessus), s'appliquent dans la mesure maximale permise par les lois applicables, même si tout recours n'atteint pas son but essentiel.
La présente Convention est régie par les lois de la province d'Ontario, Canada. Chacune des parties à la présente reconnaît irrévocablement la compétence des tribunaux de la province d'Ontario et consent à instituer tout litige qui pourrait découler de la présente auprès des tribunaux situés dans le district judiciaire de York, province d'Ontario.
Au cas où vous auriez des questions concernant cette licence ou que vous désiriez vous mettre en rapport avec Microsoft pour quelque raison que ce soit, veuillez contacter la succursale Microsoft desservant votre pays, dont l'adresse est fournie dans ce produit, ou écrivez à : Microsoft Sales Information Center, One Microsoft Way, Redmond, Washington 98052-6399.

The following MICROSOFT GUARANTEE applies to you if you acquired this Software in any other country:
Statutory rights not affected - The following guarantee is not restricted to any territory and does not affect any statutory rights that you may have from your reseller or from Microsoft if you acquired the Software directly from Microsoft. If you acquired the Software or any support services in Australia, New Zealand or Malaysia, please see the "Consumer rights" section below.
The guarantee - The Software is designed and offered as a general-purpose software, not for any user's particular purpose. You accept that no Software is error free and you are strongly advised to back-up your files regularly. Provided that you have a valid license, Microsoft guarantees that a) for a period of 90 days from the date of receipt of your license to use the Software or the shortest period permitted by applicable law it will perform substantially in accordance with the written materials that accompany the Software; and b) any support services provided by Microsoft shall be substantially as described in applicable written materials provided to you by Microsoft and Microsoft support engineers will use reasonable efforts, care and skill to solve any problem issues. In the event that the Software fails to comply with this guarantee, Microsoft will either (a) repair or replace the Software or (b) return the price you paid. This guarantee is void if failure of the Software results from accident, abuse or misapplication. Any replacement Software will be guaranteed for the remainder of the original guarantee period or 30 days, whichever period is longer. You agree that the above guarantee is your sole guarantee in relation to the Software and any support services.
Exclusion of All Other Terms - To the maximum extent permitted by applicable law and subject to the guarantee above, Microsoft disclaims all warranties, conditions and other terms, either express or implied (whether by statute, common law, collaterally or otherwise) including but not limited to implied warranties of satisfactory quality and fitness for particular purpose with respect to the Software and the written materials that accompany the Software. Any implied warranties that cannot be excluded are limited to 90 days or to the shortest period permitted by applicable law, whichever is greater.
Limitation of Liability - To the maximum extent permitted by applicable law and except as provided in the Microsoft Guarantee, Microsoft and its suppliers shall not be liable for any damages whatsoever (including without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) arising out of the use or inability to use the Software, even if Microsoft has been advised of the possibility of such damages. In any case Microsoft's entire liability under any provision of this Agreement shall be limited to the amount actually paid by you for the Software. These limitations do not apply to any liabilities that cannot be excluded or limited by applicable laws.
Consumer rights - Consumers in Australia, New Zealand or Malaysia may have the benefit of certain rights and remedies by reason of the Trade Practices Act and similar state and territory laws in Australia, the Consumer Guarantees Act in New Zealand and the Consumer Protection Act in Malaysia in respect of which liability cannot lawfully be modified or excluded. If you acquired the Software in New Zealand for the purposes of a business, you confirm that the Consumer Guarantees Act does not apply. If you acquired the Software in Australia and if Microsoft breaches a condition or warranty implied under any law which cannot lawfully be modified or excluded by this agreement then, to the extent permitted by law, Microsoft's liability is limited, at Microsoft's option, to: (i) in the case of the Software: a) repairing or replacing the Software; or b) the cost of such repair or replacement; and (ii) in the case of support services: a) re-supply of the services; or b) the cost of having the services supplied again.
Should you have any questions concerning this EULA, or if you desire to contact Microsoft for any reason, please use the address information enclosed in this Software to contact the Microsoft subsidiary serving your country or visit Microsoft on the World Wide Web at http://www.microsoft.com.

Google Toolbar

2008-03-04T10:08:00.000-08:00

1. Introduction

1.1 With your new PC comes the Google Toolbar.
Thank you for trying out the Google Toolbar software!

1.2 In order to use this software, including any third
party software made available in conjunction with
this software, (collectively referred to below
as the "Google Toolbar") you must firstly agree
to bebound by the following terms and conditions
(the "Terms and Conditions"). By using the Google
Toolbar, you are evidencing your unqualified
agreement to be legally bound by the Terms
and Conditions.

1.3 Before you continue, you should print and/or save a
local copy of the Terms and Conditions for your
records. The Terms and Conditions form a legally
binding agreement between you and Google in relation
to your use of the Google Toolbar, and it is very
important that you take the time to read them
carefully.

2. Default Settings and Information

2.1 The Google Toolbar that comes with your new PC is
by default configured with the “Advanced Features”
disabled. This means that the Google Toolbar
does not send any information to Google
which identifies web pages that you view.

2.2 The Google Toolbar may, however, periodically
contact the Google servers to provide Google
with information about your Google Toolbar
(like whether you are running the
most current version).

2.3 In addition to the standard information that your
web browser will typically send to most web pages
you the Google Toolbar will send to Google a computer
visit, generated unique identifier that is stored
in your computer’s registry upon install. Google
uses that unique identifier for internal business
purposes such as auditing and security. Google does
not share it with third parties, unless Google has
to do so for legal or security reasons.

2.4 If you later choose to activate the
“Advanced Features” of the Google Toolbar, please
note that additional information will be sent to
Google, including the URL of the web page you are
visiting. Google does not share thatinformation
with third parties, unless Google has to do so
for legal or security reasons.

2.5 For more information, please refer to the
complete privacy policy which applies
to your use of the Google Toolbar at
http://www.google.com/support/
toolbar/?quick=privacy&v=4.0&hl=en_GB.

3. Additional Terms

Google Toolbar is designed to be used in
conjunction with Google's search services and
other Google services. Accordingly, you agree
and acknowledge that youruse of Google Toolbar
is also subject to (a) the generalGoogle terms
of service(which can be viewed at
http://www.google.co.uk/accounts/TOS?loc=GB)
(b) Google’s overall privacy policy
(which can be viewed at and
http://www.google.co.uk/privacy policy.html),
such further provisions being hereby incorporated
into these Terms and Conditions by reference.
To the extent that there is any inconsistency or
conflict between such additional terms and these
Terms and Conditions, the provisions of these
Terms and Conditions shall take precedence.

4. Non Commercial Use Only

4.1 Google Toolbar is made available to you for your
non commercial use only. “Non commercial use” means
that Google grants you a limited right to use
Google Toolbar for your personal use at work or
at home, to search for anything you want, subject
to the restrictions set out in the Terms and
Conditions. You may not sell the Google Toolbar
or sell any information, services, or software
associated with or derived from it, or modify,
copy, license, or create derivative works from
the Google Toolbar unless you have firstly
obtained Google's written permission (which
you may request at any time by sending an
email to toolbar-feedback@google.co.uk).

4.2 You agree not to modify, adapt, translate,
prepare derivative works from, decompile,
reverse engineer,disassemble or otherwise attempt
to derive source code from the Google Toolbar,
without having firstly obtained the prior written
consent of Google in the manner outlined above.

4.3 Furthermore, you agree that you shall not use the
Google Toolbar in any manner that could damage,
disable, overburden, or impair Google's services
(e.g., you may not use the Google Toolbar in an
automated manner), nor may you use the Google
Toolbar in any manner that could interfere with
any other party's use and enjoyment of
Google's services.

4.4 If you have comments on the Google Toolbar
or ideas on how to improve it, please email
toolbar-feedback@google.co.uk.
Please note that by doing so, you also grant Google
and third parties permission to use and incorporate
your ideas or comments into the Google Toolbar
without further compensation.

4.5 You agree not to use the Google Toolbar to
transmit any content which (a) is illegal;
or(b) infringes the intellectual property
rights or other legal rights of any third
party; or (c) violates Google’s main Terms of
Service(http://www.google.co.uk/accounts/TOS?loc=GB).

5. Updates
The Google Toolbar will periodically contact
Google’s servers to download automatic updates
in order to keep the installed version of
Google Toolbar up to date. You acknowledge
and agree that you will receive and implement
these updates as part of these Terms and Conditions.

6. Intellectual Property

6.1 As between you and Google, you acknowledge and agree
that Google own all rights, title and interest
in and to Google Toolbar, including without
limitation all Intellectual Property Rights which
subsist therein. "Intellectual Property Rights"
means rights in inventions, patents, trade marks
and service marks, rights in designs, rights in
trade names and business names, copyrights (including,
for the avoidance of doubt, rights in computer
software) and database rights (whether or not any
of these is registered and including applications
for registrations) and all rights or forms of
protection of a similar nature or having equivalent
or similar effect to any of these which may subsist
anywhere in the world.

6.2 You also agree that you shall not remove, obscure,
or otherwise alter any proprietary rights notices
affixed to, contained within, or which are accessed
by you in conjunction with, or through your use of,
Google Toolbar (including, without limitation,
copyright notices or trade mark notices in relation
to any rights owned by Google or any third party).

7. Exclusion of Warranties

7.1 Google Toolbar is provided "as is" and Google
gives no warranties with respect to it. Without
limiting the generality of the foregoing, Google
does not represent or warrant that: (i) the use
of Google Toolbar will meet your requirements or
be uninterrupted, secure or free from error, (ii)
that defects in the operation or functionality of
the Google Toolbar will be corrected, (iii) that
the Google Toolbar is free of viruses or other
malicious software contaminants, or (iv) that the
use of Google Toolbar (and any information which
is made available to you through your use of the
Google Toolbar) will be correct, accurate,
timely or otherwise reliable.

7.2 No conditions, warranties or other terms
(including any implied terms as to satisfactory
quality, fitness for purpose or conformance with
description) apply to the Google Toolbar except
to the extent that they are expressly set out
in these Terms and Conditions.

8. Limitation of Liability

Nothing in these Terms and Conditions shall
exclude or limit Google’s liability for death
or personal injury resulting from Google’s
negligence or for fraud or fraudulent
misrepresentation by Google. Subject to this,
Google shall not be liable to you for (a) any
indirect or consequential losses; (b) any
economic losses; or (c) any loss of goodwill
or reputation which you may suffer and which
arises in connection with your use of the
Google Toolbar, irrespective of whether or
not Google has been advised of the possibility
of such losses arising. Additionally, Google shall
not be liable to you for any error or defect with
regard to your use of the Google Toolbar, or for
any interruption, suspension, termination, failure
or delay in the operation of the Google Toolbar.

9. Miscellaneous Provisions

9.1 The Terms and Conditions constitute the entire
agreement between you and Google and govern your
use of the Google Toolbar, superseding any prior
agreements between you and Google in relation
to the Google Toolbar.

9.2 The failure of Google to exercise or enforce
any right or remedy granted to Google in the
Terms and Conditions shall not constitute a
waiver of such right or provision. If any
provision of the Terms and Conditions is found
by a court of competent jurisdiction to be
invalid, such part will be severed from the
remainder of the Terms and Conditions, which
will continue to be valid and enforceable to
the fullest extent permitted by law.

9.3 The Terms and Conditions and the relationship
between you and Google shall be governed by
English law. You and Google agree to submit
to the exclusive jurisdiction of the courts
of England. Notwithstanding the preceding
sentence, nothing in these Terms and
Conditions shall restrict or limit Google
seeking injunctive or similar relief in
any jurisdiction.

9.4 You agree and acknowledge that the
English language version of these Terms
and Conditions (the “Original Version”)
shall have precedence over any translation
which is provided to you, that such
translation is provided for your
convenience only, and that in the event
of any dispute or conflict between the
Original Version and the version provided
in any other language, the terms of the
Original Version shall prevail to the extent
necessary to resolve such dispute of conflict.
The section headings in the Terms and
Conditions are for convenience only and have
no legal or contractual effect.

Terms and conditions

2008-02-23T12:51:00.000-08:00

The agreement

By using our website and comparison technology you are agreeing to these terms and conditions so that we can deliver to you the cover you require where it is available from online providers for UK insurance and financial service providers.
The service

We provide a fully independent and online insurance search engine, designed to save you time and money when it comes to reviewing your insurance. Not only will we endeavour to find you the most competitive quotes but also provide you with all the information required to make an informed choice on which policy best suits your needs.
The company

Gocompare.com Limited is registered in England and Wales, registration number 05799376, registered address 1 Imperial Courtyard, Imperial Park, Newport, NP10 8UL, United Kingdom. Authorised and regulated by the Financial Services Authority, registration number 465053. This can be confirmed at www.fsa.gov.uk/register.
The responsibility

We will provide you with a quotation based on the information you have provided to us. It is essential that all information and answers are true and accurate and that you also disclose all relevant facts. Failure to provide accurate information could lead to your insurance being invalid and you being liable for any third party costs in the event of an accident.

In order to accept a quotation provided by our price comparison technology you will need to link to the underlying insurer website and retrieve your details to accept the policy, or where applicable, contact them by phone. Before accepting a policy it is of the utmost importance that all the information the insurer holds on you is accurate. It is your responsibility to ensure all details are correct. Failure to do so could result in your insurance being invalid. It is also important that you read the insurers terms or conditions as they will differ from ours and are the terms that you will be agreeing to.

The technology used is very sophisticated but not infallible. If the information passed is not correct it is your responsibility to identify the mistake and, as such, we relinquish all liability which by law we can exclude, in respect of all losses you may incur.

If you have any doubt whether further information about you, not requested during the Gocompare.com service is required to be disclosed, or that something may be incorrect, please contact the proposed insurer before you accept the quotation.
Complaints

We set ourselves very high standards and look to provide these high standards in everything we do, but we also know there may be occasions when you feel we have not achieved this. In these rare cases we want you to tell us as this is the only way we'll be able to improve our service. How do you do this? Well, you can write or send an email to us and we will look to resolve the matter as quickly and fairly as possible.
Gocompare.com
Imperial Courtyard
Newport, Gwent, NP10 8UL
United Kingdom

Email to not-happy@gocompare.com

If the complaint is of a more serious nature, or you're not happy with your reply, then you should write to the Compliance Officer at the above address.

The Compliance Officer is responsible for monitoring the quality of our service and will ensure that your complaint is dealt with correctly. We will acknowledge your complaint within five business days and inform you who is dealing with your complaint. If our investigations take longer that this we will provide a full written response within 4 weeks, or explain the current position of your complaint and provide you with an indication as to when we expect to provide our final response.

If your complaint relates to the insurer or the insurance policy then you will be advised and given full details of how to contact your insurer.

If you have been given a final response and you are still dissatisfied then you are entitled to refer your complaint to the Financial Ombudsman Service (FOS) who can be contacted at:

Financial Ombudsman Service,
183 Marsh Wall
South Quay Plaza
London, E14 9SR
United Kingdom

Any decision made by the Financial Ombudsman Service is only binding on the Insurers and Gocompare.com limited. You may remain free to take legal action in court.
Other important information
Intended use

This site is intended for use of UK residents only and due to this, applications from non-UK residents will, unless otherwise stated, not be accepted. These terms and conditions shall be governed by and interpretted in accordance with the Laws of England and Wales.
Links to other sites

We provide links to third party websites as part of our service. We accept no liability for any statements, information, content, products or services that are published on, or may be accessible from, these third party sites. We can also give no guarantee they are free from viruses or anything else that could be infectious or destructive.
Website content

We have taken every step to ensure the information contained and displayed on our website is accurate and up-to-date. However, we can accept no liability for any errors or omissions. We reserve the right to add, amend or delete content from the site at any time.
Copyright

The copyright in the material contained on the site belongs to Gocompare.com Limited. Any person may copy any part of this material, subject to the following conditions:

* the material may not be used for commercial purposes
* the copies must retain any copyrights or other intellectual property notices contained in the original material
* any images on the site are protected by copyright and may not be reproduced or used in any manner without written permission from the owner

Commercial use

Please note this web site is for non-commercial, personal use only.
Intellectual property

All Intellectual Property Rights pertaining to Gocompare.com Limited are hereby reserved.
Amendments

We reserve the right to amend our terms and conditions at any time. The amended terms will be effective from the date they are posted on our site.
Privacy statement
Data protection

This policy has been developed because we want you to feel confident about the privacy and security of your personal information entered on our site. We follow strict security procedures in the storage and disclosure of your information as required by law. Our security procedures mean that we may ask for proof of your identity before we will disclose information about you, or to you, be this on our site or over the telephone.

In order to provide our service to you we need to collect and process personal information about you and disclose that information to a number of third party service providers. This information is necessary to provide you with the quotations you have requested. All personal information will be held in strictest confidence and used only for the purposes for providing you the service requested with certain caveats as described below.
Information disclosure

Our comparison technology will disclose the information you have entered into the Gocompare.com website to our partner websites for the purpose of providing us with quotations on the requested product. We will also be using your data for our own research and for tracking any purchased policies. By using our site you are giving us permission to use your data in this way.

We will not disclose any of your information to other parties without your permission unless we are legally required to do so by, for example, a court order or for the purposes of prevention of fraud or other crime. By submitting information into our site, you consent to the processing of this data about you by us and the product providers. We may also use the information you supply to us to keep you informed of any new products or remind you when your renewal may be due.

If you are not happy for your data to be used in this way, please click on the unsubscribe me link and you be able to remove your details from out contact list. If you have further queries with regards to your personal data, please feel free to email us on unsubscribe@gocompare.com or write to us at :

Data Protection Officer
Gocompare.com
Imperial Courtyard
Newport, Gwent, NP10 8UL
United Kingdom
Unsolicited e-mails

Most sites will send a confirmation email once a quote has been completed on their site, but as we go to a large number of sites with our technology, you could be bombarded by emails from our partners. To prevent this from happening we will not opt-in to marketing communications on any of the underlying sites. By taking this route for you, you should not receive any communication from any of the providers other than those outlined in this Privacy Statement. Although we cannot guarantee this we do have contractual arrangements in place to prevent our partners doing this, so please let us know if you do experience any problems.
Your personal data

Gocompare.com complies with and is registered under the data protection laws in the United Kingdom and takes all reasonable care to prevent any unauthorised access to your personal data. Under the terms of the Data Protection Act 1998. If you require a copy of the information we have concerning you, please write to the Data Protection Officer and enclose a cheque for the administration fee of £10.00 made payable to Gocompare.com. We are entitled to charge you this fee under the Data Protection Act 1998 to cover our administrative costs. We reserve the right to amend or modify this privacy policy statement at any time and in response to changes in applicable data protection and privacy legislation.
How we use your personal data

Your personal information is used for the purpose of getting you an insurance quote. Additionally, Gocompare.com and other carefully selected third parties may use your information to keep you informed by post, telephone, SMS or email about current and new products and services which may be of interest to you. Your information may also be disclosed and used for these purposes after your policy has lapsed.

If you are not happy for your data to be used in this way, please click on the unsubscribe me link and you be able to remove your details from out contact list. If you have further queries with regards to your personal data, please feel free to email us on unsubscribe@gocompare.com or write to us at:

Data Protection Officer
Gocompare.com
Imperial Courtyard
Newport, Gwent, NP10 8UL
United Kingdom
Removing data

If you would like us to remove any personal information from our records, then please write to us at:

Data Protection Officer
Gocompare.com
Imperial Courtyard
Newport, Gwent, NP10 8UL
United Kingdom

Please supply your full name, address and date of birth when contacting us. We will make all reasonable efforts to delete your information from our files if it is deemed appropriate.
Help with choosing

By agreeing to the conditions laid out in this privacy & security statement you agree that your details may be used by the top two competing individual service providers who provided you with the cheapest quotes to contact you with a view to seeing if you are interested in purchasing the quote. They may also highlight any special offers or ways they might be able to help you get an even cheaper price with them. Please note that the companies contacting you are solely based on the cheapest price retrieved not exclusively based on the cover you selected. They are only entitled to contact you on this particular quotation and only for a limited period of time, after which they are obliged to consider your details as 'off limits' i.e. opted-out under the terminology of the Data Protection Act 1998. Some partners may also contact you by telephone if you click through to their website to help you with any queries you may have, regardless of their position in the results.
Monitoring

Monitoring or recording of your calls, emails, text messages and other communications may take place in accordance with UK law, and in particular for business purposes, such as for quality control and training; processing necessary for the entering into or the performance of a contract; to prevent unauthorised use of our telecommunication systems and web sites; to ensure effective systems operation; to meet any legal obligation; in order to prevent or detect crime; and for the purposes of the legitimate interests of the data controller. Please visit the following web sites for further information www.ico.gov.uk/ and www.berr.gov.uk.
Confidentiality

We will endeavour to treat all your personal information as private and confidential. Other than under the terms of this Privacy Statement we will not disclose any of your information to anyone. We would like to bring your attention though to our obligations to disclose information in the following four exceptional cases permitted by law. These are where we are legally compelled to do so; where there is a duty to the public to disclose; where disclosure is required to protect our interest; and where disclosure is made at your request or with your consent.

If relevant, your policy details will be added to the Motor Insurance Database (MID), run by the Motor Insurers Information Centre (MIIC).

This may be consulted by the Police in order to establish who is insured to drive the vehicle.

If you are involved in an accident, (in the UK or abroad), other UK Insurers, the Motor Insurers Bureau and MIIC may search the MID to ascertain relevant policy information. Persons with a valid claim in respect of a road traffic accident (including citizens of other countries) may also obtain certain information which is held on the MID. You can find out more about this at www.miic.org.uk

Should you take the decision to make a complaint about the service we have provided, we may be obliged to forward details about your complaint, including your personal information, to the relevant ombudsman in existence at the time. You can be assured that they are similarly obliged to adhere to the Data Protection Act 1998 and keep your information strictly confidential.
Credit searches

Many insurance and financial services providers operate a credit scoring system and will carry out checks with credit reference and fraud prevention agencies. These checks will include electoral roll and credit information. The insurance checks are registered as general insurance searches and may be viewed by other companies when you apply for credit or insurance. Often the financial services quotes you request will only do a credit check once you have decided on a particular supplier. Every application you submit for a loan or credit card may affect your credit scoring so you may wish to keep applications to a minimum for your credit rating. Again, this is not happening specifically because you are using our service. This may happen regardless of whether you get a quote via the internet or phone for any of these services.
Cookies and IP addresses

A cookie is a small text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.

Your IP address is a series of numbers which identify a computer on the internet. We use IP addresses to help diagnose possible service interruptions and administer our service and website.
Law

These terms of trading are subject to English law and to the exclusive jurisdiction of the English courts. You acknowledge that by providing data to us, you consent to the processing of your data in accordance with this privacy and security statement.
Security statement
Site security

We use the industry standard secure sockets layer (SSL) 128-bit encryption technology to ensure that all your personal and transactional information is encrypted before transmission. To check that you are in a secure area of our site look at the bottom of your browser and you will see a closed padlock. All this technology and our policies are to safeguard your privacy from unauthorised access/improper use and we will continue to update these measures as new technology becomes available.
Third party site security

We cannot be responsible for the privacy policies and practices of other websites, even if you access them using links from our website and recommend that you check the policy of each site you visit.
Passwords

In order to provide you with maximum protection, we ask you to choose a password to access your data on our site. In many instances, this password will also access the quotes we find for you on the web. Some providers might allocate you a different password, which we will send you information about. Your password is unique to you and helps us to protect your personal information. You must keep this password safe and must not disclose it to anyone. You will need your password to access your personal information and potentially to buy cover through one of the insurance providers. Please contact us if you want to change your password for any reason.

If you forget your password don't panic! Simply click on "forgotten password".
Be aware

Please be aware that communications over the Internet, such as emails/webmails, are not secure unless they have been encrypted. Your communications may route through a number of countries before being delivered - this is the nature of the World Wide Web/Internet. We cannot accept responsibility for any unauthorised access or loss of personal information that is beyond our control.

Privacy Statement

2008-02-23T12:49:00.000-08:00

Data protection

This policy has been developed because we want you to feel confident about the privacy and security of your personal information entered on our site. We follow strict security procedures in the storage and disclosure of your information as required by law. Our security procedures mean that we may ask for proof of your identity before we will disclose information about you, or to you, be this on our site or over the telephone.

In order to provide our service to you we need to collect and process personal information about you and disclose that information to a number of third party service providers. This information is necessary to provide you with the quotations you have requested. All personal information will be held in strictest confidence and used only for the purposes for providing you the service requested with certain caveats as described below.
Information disclosure

Our comparison technology will disclose the information you have entered into the Gocompare.com website to our partner websites for the purpose of providing us with quotations on the requested product. We will also be using your data for our own research and for tracking any purchased policies. By using our site you are giving us permission to use your data in this way.

We will not disclose any of your information to other parties without your permission unless we are legally required to do so by, for example, a court order or for the purposes of prevention of fraud or other crime. By submitting information into our site, you consent to the processing of this data about you by us and the product providers. We may also use the information you supply to us to keep you informed of any new products or remind you when your renewal may be due.

If you are not happy for your data to be used in this way, please click on the unsubscribe me link and you be able to remove your details from out contact list. If you have further queries with regards to your personal data, please feel free to email us on unsubscribe@gocompare.com or write to us at:

Data Protection Officer
Gocompare.com
Imperial Courtyard
Newport, Gwent, NP10 8UL
United Kingdom
Unsolicited e-mails

Most sites will send a confirmation email once a quote has been completed on their site, but as we go to a large number of sites with our technology, you could be bombarded by emails from our partners. To prevent this from happening we will not opt-in to marketing communications on any of the underlying sites. By taking this route for you, you should not receive any communication from any of the providers other than those outlined in this Privacy Statement. Although we cannot guarantee this we do have contractual arrangements in place to prevent our partners doing this, so please let us know if you do experience any problems.
Your personal data

Gocompare.com complies with and is registered under the data protection laws in the United Kingdom and takes all reasonable care to prevent any unauthorised access to your personal data. Under the terms of the Data Protection Act 1998. If you require a copy of the information we have concerning you, please write to the Data Protection Officer and enclose a cheque for the administration fee of £10.00 made payable to Gocompare.com. We are entitled to charge you this fee under the Data Protection Act 1998 to cover our administrative costs. We reserve the right to amend or modify this privacy policy statement at any time and in response to changes in applicable data protection and privacy legislation.
How we use your personal data

Your personal information is used for the purpose of getting you an insurance quote. Additionally, Gocompare.com and other carefully selected third parties may use your information to keep you informed by post, telephone, SMS or email about current and new products and services which may be of interest to you. Your information may also be disclosed and used for these purposes after your policy has lapsed.

If you are not happy for your data to be used in this way, please click on the unsubscribe me link and you be able to remove your details from out contact list. If you have further queries with regards to your personal data, please feel free to email us on unsubscribe@gocompare.com or write to us at:

Data Protection Officer
Gocompare.com
Imperial Courtyard
Newport, Gwent, NP10 8UL
United Kingdom
Removing data

If you would like us to remove any personal information from our records, then please write to us at:

Data Protection Officer
Gocompare.com
Imperial Courtyard
Newport, Gwent, NP10 8UL
United Kingdom

Please supply your full name, address and date of birth when contacting us. We will make all reasonable efforts to delete your information from our files if it is deemed appropriate.
Help with choosing

By agreeing to the conditions laid out in this privacy & security statement you agree that your details may be used by the top two competing individual service providers who provided you with the cheapest quotes to contact you with a view to seeing if you are interested in purchasing the quote. They may also highlight any special offers or ways they might be able to help you get an even cheaper price with them. Please note that the companies contacting you are solely based on the cheapest price retrieved not exclusively based on the cover you selected. They are only entitled to contact you on this particular quotation and only for a limited period of time, after which they are obliged to consider your details as 'off limits' i.e. opted-out under the terminology of the Data Protection Act 1998. Some partners may also contact you by telephone if you click through to their website to help you with any queries you may have, regardless of their position in the results.
Monitoring

Monitoring or recording of your calls, emails, text messages and other communications may take place in accordance with UK law, and in particular for business purposes, such as for quality control and training; processing necessary for the entering into or the performance of a contract; to prevent unauthorised use of our telecommunication systems and web sites; to ensure effective systems operation; to meet any legal obligation; in order to prevent or detect crime; and for the purposes of the legitimate interests of the data controller. Please visit the following web sites for further information www.ico.gov.uk/ and www.berr.gov.uk.
Confidentiality

We will endeavour to treat all your personal information as private and confidential. Other than under the terms of this Privacy Statement we will not disclose any of your information to anyone. We would like to bring your attention though to our obligations to disclose information in the following four exceptional cases permitted by law. These are where we are legally compelled to do so; where there is a duty to the public to disclose; where disclosure is required to protect our interest; and where disclosure is made at your request or with your consent.

If relevant, your policy details will be added to the Motor Insurance Database (MID), run by the Motor Insurers Information Centre (MIIC).

This may be consulted by the Police in order to establish who is insured to drive the vehicle.

If you are involved in an accident, (in the UK or abroad), other UK Insurers, the Motor Insurers Bureau and MIIC may search the MID to ascertain relevant policy information. Persons with a valid claim in respect of a road traffic accident (including citizens of other countries) may also obtain certain information which is held on the MID. You can find out more about this at www.miic.org.uk

Should you take the decision to make a complaint about the service we have provided, we may be obliged to forward details about your complaint, including your personal information, to the relevant ombudsman in existence at the time. You can be assured that they are similarly obliged to adhere to the Data Protection Act 1998 and keep your information strictly confidential.
Credit searches

Many insurance and financial services providers operate a credit scoring system and will carry out checks with credit reference and fraud prevention agencies. These checks will include electoral roll and credit information. The insurance checks are registered as general insurance searches and may be viewed by other companies when you apply for credit or insurance. Often the financial services quotes you request will only do a credit check once you have decided on a particular supplier. Every application you submit for a loan or credit card may affect your credit scoring so you may wish to keep applications to a minimum for your credit rating. Again, this is not happening specifically because you are using our service. This may happen regardless of whether you get a quote via the internet or phone for any of these services.
Cookies and IP addresses

A cookie is a small text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.

Your IP address is a series of numbers which identify a computer on the internet. We use IP addresses to help diagnose possible service interruptions and administer our service and website.
Law

These terms of trading are subject to English law and to the exclusive jurisdiction of the English courts. You acknowledge that by providing data to us, you consent to the processing of your data in accordance with this privacy and security statement.
Security statement
Site security

We use the industry standard secure sockets layer (SSL) 128-bit encryption technology to ensure that all your personal and transactional information is encrypted before transmission. To check that you are in a secure area of our site look at the bottom of your browser and you will see a closed padlock. All this technology and our policies are to safeguard your privacy from unauthorised access/improper use and we will continue to update these measures as new technology becomes available.
Third party site security

We cannot be responsible for the privacy policies and practices of other websites, even if you access them using links from our website and recommend that you check the policy of each site you visit.
Passwords

In order to provide you with maximum protection, we ask you to choose a password to access your data on our site. In many instances, this password will also access the quotes we find for you on the web. Some providers might allocate you a different password, which we will send you information about. Your password is unique to you and helps us to protect your personal information. You must keep this password safe and must not disclose it to anyone. You will need your password to access your personal information and potentially to buy cover through one of the insurance providers. Please contact us if you want to change your password for any reason.

If you forget your password don't panic! Simply click on "forgotten password".
Be aware

Please be aware that communications over the Internet, such as emails/webmails, are not secure unless they have been encrypted. Your communications may route through a number of countries before being delivered - this is the nature of the World Wide Web/Internet. We cannot accept responsibility for any unauthorised access or loss of personal information that is beyond our control.

CACLS command

2008-02-17T11:36:00.001-08:00

Displays or modifies access control lists (ACLs) of files

CACLS filename [/T] [/E] [/C] [/G user:perm] [/R user [...]]
[/P user:perm [...]] [/D user [...]]
filename Displays ACLs.
/T Changes ACLs of specified files in
the current directory and all subdirectories.
/E Edit ACL instead of replacing it.
/C Continue on access denied errors.
/G user:perm Grant specified user access rights.
Perm can be: R Read
W Write
C Change (write)
F Full control
/R user Revoke specified user's access rights (only valid with /E).
/P user:perm Replace specified user's access rights.
Perm can be: N None
R Read
W Write
C Change (write)
F Full control
/D user Deny specified user access.
Wildcards can be used to specify more that one file in a command.
You can specify more than one user in a command.

Abbreviations:
CI - Container Inherit.
The ACE will be inherited by directories.
OI - Object Inherit.
The ACE will be inherited by files.
IO - Inherit Only.
The ACE does not apply to the current file/directory.

Last.fm

2008-02-05T15:32:00.000-08:00

Your privacy matters

* We have a pretty simple privacy policy. We are reasonably sure this won't piss anyone off.
* The entry of personal data on this site is completely optional and will require you to setup an account with a password. Please choose a password that is not easy for someone else to guess, such as birthday, national identification number and phone number.
* An email address is not required during signup. If you do provide one, we will always provide a clear and easy way for you to opt out receiving specific emails.
* We won't pass your email address on to anyone, not even Lars Ulrich at gunpoint.
* Your pseudonymous listening habit data will be available to other Last.fm users for non-commercial use under a Creative Commons license.
* We reserve the right to sell or license pseudonymous listening data for commercial use, however we will never sell your personal data that can be traced back to a specific user. We may, for example, license our weekly charts for commercial use. This would not compromise any personal information.

Terms and conditions
Terms and conditions

It is your responsibility to read these Terms and Condition before using the Last.fm website ("Website"). By using the Website you signify your consent and agreement to these Terms and Conditions.

Please check these Terms and Conditions periodically for any changes. The continued use of the Website following the posting of changes to these Terms and Conditions will mean that you accept such changes.
1. Ownership

The Website is owned by Last.fm Limited ("Last.fm").The content and service provided on the Website including graphics, code, text products, software, audio, music and design is owned or licensed by Last.fm. Certain third party copyright materials and works are included on the Website including those works or materials belonging to licensors of Last.fm You agree that the tracks, musical works, compositions and other materials ("Last.fm Materials") are protected by international intellectual property law.
2. Use of the Website

You are granted a limited, personal, non-exclusive, revocable, licence to use the Website and to receive, by stream, tracks made available through the Website ("Last.fm Service"). You agree that you may not download, reproduce, modify, display, perform, transfer, distribute or otherwise use the Last.fm Materials, except as provided under these Terms and Conditions, and you agree to take all reasonable steps to prevent the unauthorised use of the Last.fm Materials.

No material from the Website may be modified, copied, reproduced, re-published, uploaded, posted, broadcasted, publicly performed, transmitted, re-transmitted or distributed in any way. Any such use is strictly prohibited and will constitute an infringement of the copyright and other intellectual property rights of Last.fm or in the case of material licensed to Last.fm the owner of such materials. You agree not to delete, change or modify in any way the copyright notices or trade marks contained on the Website.

For the avoidance of doubt you will not obtain any ownership interest in the Last.fm Materials, the Last.fm Service or any other materials contained on the Website, whether through these Terms and Conditions or otherwise. You agree that your use of the Last.fm service is for your own personal use and must not be used for any commercial purpose.

You agree not to place any libellous, defamatory, illegal or offensive material on the Website.
3. Control

Last.fm uses reasonable endeavours to monitor the Website but cannot be held responsible for the accuracy or reliability of any statement, opinion, or advice made on the Website or for any libellous, defamatory, illegal or offensive conduct by any customer. You agree to notify Last.fm of any such conduct which comes to your notice. You agree that Last.fm including any appointed personnel may at any time without notice:

* move or suspend the Website in whole or in part; and
* disclose any material or content contained on the Website if it considers it necessary to enforce these Terms and Conditions.

We do our best to ensure that information on the site is correct but in no circumstance do we accept any liability whatsoever for error or omission.
4. Indemnity

You agree to indemnify, defend and hold harmless Last.fm (including its successors, subsidiaries, agents, affiliates, partners and licensors) against all claims, damages, costs or other expenses which arise directly or indirectly out of or from your unauthorised use of the Website, the Last.fm Materials, the Last.fm Service and any other materials contained on the Website.
5. Termination

Your right to use the Website will be suspended or terminated immediately without notice by Last.fm if in its sole discretion you fail to comply with any term or provision of these Terms and Conditions. On termination you must destroy all materials and associated documentation obtained from the Website and all copies of such materials.
6. Miscellaneous

There will be occasions when the Website will be interrupted whether for maintenance, upgrades and emergency repairs or otherwise and you agree that Last.fm shall not be liable to you or any third party for any modification, suspension or discontinuance of the Website. Last.fm is not responsible for any disruption whatever inherent in the operation of the Internet and World Wide Web including viruses or otherwise.

These Terms and Conditions (as revised from time to time) and associated information contained on the Website contain the full and complete understanding between the parties and supersede all prior arrangements and understandings whether written or oral appertaining to the subject matter of these Terms and Conditions. Last.fm reserves the right to amend and/or vary these Terms and Conditions from time to time in its entire discretion.

These Terms and Conditions and all representations, obligations, undertakings and warranties contained in it shall enure for the benefit of any successor and assignees of Last.fm.
7. Use of Your Personal Data

We take your privacy very seriously and collection and use of personal information is governed by our Privacy Policy. For full details of how we intend to use your personal data, our Privacy Policy in full follows these Terms and conditions.
8. Infringement of Intellectual Property Rights

At Last.fm, we aim to respect the intellectual property rights of others. If you believe that your work has been copied by Last.fm in a way that constitutes infringement of your intellectual property, please provide our copyright agent with the following written information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the work that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to enable Last.fm to locate the material; (d)your full name, email address, postal address and a telephone number on which you can be contacted; (e) a statement by you that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the work or right that is allegedly infringed.

Last.fm’s agent for notice of claims of copyright infringement on or regarding the Website can be reached as follows:

By mail:
Attn: Copyright Agent
Last.fm Limited
Karen House
1-11 Baches Street
London N1 6DL

By email:
infringementcomplaint [at] last.fm

If you are unsure about your rights in respect of material, or whether there has been an infringement of your rights, we suggest you take legal advice.

If you have a complaint concerning any video content provided by YouTube on the Website, or if you believe that your work is available on the YouTube player in a way that constitutes copyright infringement, please contact YouTube in accordance with its copyright policy at:
http://www.youtube.com/t/terms
9. Third Party Content and Information

The Website contains content that is provided for your convenience and enjoyment. Third parties provide some of the content on the Website. You should be aware that content on the Website might contain errors, omissions, inaccuracies, outdated information, and inadequacies and that the content may be subject to terms and conditions which may be found on the Website or in the documents and policies of third parties. Last.fm makes no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any content on the Website and will not be liable for any lack of the foregoing.

In addition, third party advertisers may offer goods, services and other materials to you on the Website. Your correspondence and business dealings with others found on or through the Website including, without limitation, the payment and delivery of products and services, the delivery of videos, and any terms, conditions, warranties and representations associated with such dealings, are solely between you and the relevant advertiser. You agree that Last.fm will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or the offering of such products, services, and other content on the Website. Under certain circumstances, we may permit third party users to upload content, in which event you may be exposed to offensive, indecent or objectionable content.

Descriptions of, or references to, products, services or publications within the Web Sites do not imply endorsement of that product, service or publication.
10. Governing Law

These Terms and Conditions and any contracts made under them shall be governed and construed in accordance with the laws of England and Wales whose courts shall be the non-exclusive courts of competent jurisdiction.
Privacy policy

Last.fm is fully committed to respecting your privacy and to protecting any information you provide to it. We treat both privacy and security as a priority and make every effort to ensure that all the information provided by you is protected. This Privacy Policy (the "Policy") respects and protects the privacy of all visitors to Last.fm and intends to give you as much information and control as possible.

The Policy explains how Last.fm collects and uses information. We hope that our candour will remove any concerns you may have and will make visiting Last.fm a rewarding experience.

Although we endeavour to keep you up-to-date on all changes made to the website, this Policy may be amended from time to time without notice to you. It is your responsibility to read the Policy carefully and review any changes that may have been made.

What information does Last.fm collect and how does Last.fm use this information?
1. Personal Information

In order to listen to Last.fm you will need to create a profile. When creating the profile you will be asked to provide an email address and create a username and password. If you choose to purchase music or other goods or service by clicking on a third party link (i.e. Amazon) provided on the website, we will not collect any personal information related to the transaction (i.e. credit card number, address, etc.). The only information that we will collect with respect to such third party links is (a) the number of generic Last.fm users who utilised such links and (b) the number of purchases made by these generic users.
2. Record Collection

From the moment you create your profile and begin listening to music on Last.fm, our Profile Navigation software will begin to create and maintain your record collection. This is accomplished by monitoring your activity on the website (i.e. which songs you listen to, which songs you skip, and the degree of difference or similarity you request when you choose to skip a particular song). In addition, your record collection will be affected by other actions you take on the website, such as sending a song recommendation to another user or manually selecting certain songs, albums or artists to be included in your record collection. All of the information that is generated by your activity on the website is fed back into Profile Navigation in order to fine tune your profile so that Last.fm can play more of what you like and less of what you don't like.

Last.fm does not process any personally identifiable information related to your record collection and/or profile in any manner other than as described in the preceding paragraph. We do not, for example, provide third parties with your name, location (if we know it), the contents of your record collection and a historical record of your song skipping activity. However, please note that your record collection (including your skipping history) may be viewed by all other users of Last.fm (who may include other organisations or representatives of other organisations who have registered as Last.fm users) and that they may easily associate this information with your Last.fm username. Please see the Statistical Information section below to learn more on this subject and to learn how we log and use information related to your record collection and/or profile in the aggregate.
3. Location-based Information

We keep track of the domains from which people visit Last.fm, but we cannot see a user's zip code, post code, city or country unless the user chooses to explicitly provide this information to us.
4. Browser Information

We collect data regarding the anonymous users of Last.fm, including: a. The Internet Protocol (IP) address of the user's computer. This may or may not be associated with a particular Internet Service Provider (ISP). b. The referring URL, if any. c. The browser software identification (i.e. the brand and version of your browser software).
5. Statistical Information

As discussed above, we log (but do not use) personally identifiable information with respect to the listening, skipping and music-sharing activities of users whilst they are on Last.fm. For example, it is possible for us to know which records you listen to, which you skip, which you recommend to other users and which you add to your record collection. We do not use this information in any manner in conjunction with your personal information (i.e. although we here at Last.fm can connect your username to your email address, we don't use a personally identifiable activity log in any manner whatsoever and no third parties are given access to it). Please note, however, the fact that information related to your listening, skipping and music-sharing activities may be viewed by all other users (who may include other organisations or representatives of other organisations who have registered as Last.fm users) in conjunction with your Last.fm username. Thus, with respect to other users, we don't view this information as personally identifiable because of the veil of anonymity afforded by your username. If you take any action which destroys the anonymity of your username, we cannot be held responsible for the fact that others may as a result be able to personally identify you with your username (and therefore with your record collection and Last.fm profile). If you realise that you have taken action which has destroyed or may destroy the anonymity of your username, please notify us and we will issue you either a new username and/or password.

Please note that we do log and use statistical information in the aggregate. For example, we know the number of users who skip a particular song. From this information we are able to compile statistics in the form of percentages of all users (i.e. 29% of our users skipped song XYZ). We can of course compare the skipping statistics of one song to those of another song. We are also able to perform more sophisticated statistical operations based on the information collected. For example, we can know the raw number (and associated percentages) of users who listen to one particular song that also listen to other particular songs. From this information we are able to determine which songs are "neighbours" in terms of overall listener taste and we can see which genres of music tend to be neighbours. As a service, we may supply certain aggregate statistical information to record labels and artists that allow us to stream their music on Last.fm in order to help them understand the likes and dislikes of music listeners.
6. Message Boards / Chat / Communications With Other Users

We currently offer message board functionality and in the future we may offer other interactive features such as instant messaging and chat. Please note that all personal information you display or communicate using such functionality becomes public information and we are not responsible for any information you choose to make public. We may monitor such traffic via electronic software or otherwise in order to check for obscenity, defamation or abusive language, which we reserve the right to remove at any time. In addition, if you choose to personally communicate or meet with any other Last.fm user by exchanging postal/email addresses, telephone numbers or otherwise via the interactive functionality of Last.fm, you do so at your own risk. Last.fm cannot be held responsible for any consequences which flow from your decision to communicate or interact with other Last.fm users in places or under circumstances which we do not control. We advise you to use extreme caution whenever you socialise or interact with people whom you have met via the internet.
7. Software Updates

In order to ensure that Last.fm is functioning at its best, from time to time we may ask you to upgrade to a newer version of our software. In addition, we may find it necessary to send you automatic fixes or support files. If we make a modification that materially affects your privacy, we will endeavour to notify you of such modification and we will update the Policy accordingly.
8. Links

We may display links to third party sites, however we cannot control and cannot be held responsible for those other sites, their privacy policies or how they treat information about their users. We advise you to check their privacy policies to find out how they are treating your personal information.
9. Data Protection

Last.fm complies with the Data Protection Act 1998, including all UK amending legislation and EU directives. Pursuant to the Act, you have the right to be informed of and to have access to all of the personally identifiable information we hold about you.
10. Last.fm Software

If you choose to download the Last.fm software, it will monitor all the music you listen to on your computer (even if you are not online). It will then send this information to Last.fmvia Audioscrobbler. This information will then be integrated into Last.fm to enhance the depth of your record collection and the accuracy of your profile. The Last.fmsoftware cannot and will not collect and transfer any other information from your computer other than as described above. For the avoidance of doubt, however, please be advised that Last.fmLtd. cannot be held liable for any damage which may occur to your computer as a result of downloading the Last.fmsoftware, nor shall it be liable for any invasion of privacy related to the same.
11. Does Last.fm use cookies?

We use cookies to help you use Last.fm but do not use cookies to capture personally identifiable information. Currently, we only use “session” cookies, which means that they only last for as long as you are online. We use these cookies to identify you as a valid user, to ensure that no one else can simultaneously log in and use your profile and to help personalise your Last.fm experience in conjunction with your profile. In the future we may decide to employ "persistent" cookies which stay on your computer after you have gone offline. In the event that we introduce “persistent” cookies we will update this Policy accordingly so that you are made aware of such a change.

Most browsers have cookies turned on as a default, but you can always disable cookies via your browser preferences. If you choose to disable cookies, however, you won't be able enjoy a significant proportion of Last.fm's functionality. Please remember that cookies cannot read your hard drive or give any information collected to any third party. A cookie can only be read by the organisation that sets it.
12. Security

Last.fm endeavours to protect the security of your information as much as we endeavour to protect our own information and network. We employ firewalls and store all of our files and information on secure terminals. In addition, all user passwords are protected by encryption technology.
13. Last.fm Policy for Young People

We realise and understand that many young people love music and will therefore visit Last.fm, however we encourage all persons under 12 to consult with their parents before submitting any information to Last.fm and indeed any other website. Having said this, we believe that ultimately it is the responsibility of parents to supervise children when online and we therefore recommend that parental control tools be put in place.
14. Disclaimer

We believe in privacy and therefore will take all reasonable measures to ensure that your personally identifiable information remains private. However, in the event that we are forced to disclose personally identifiable information by law (i.e. by court order), we will make such a disclosure without being in violation of this Policy.
15. Business Transitions

If Last.fm is acquired by another company or sells a portion of its assets to another company, it is likely that user information will be a part of the assets transferred. If as a result of such a business transition information is to be collected, used or disclosed in a manner or for a purpose different from that stated above, Last.fm will endeavour to notify all users of such changes.
16. Consent

By disclosing any information to Last.fm through the website you consent to the collection, storage and use of such information by Last.fm as set out in this Policy and the Terms and Conditions. If Last.fm makes any changes to this Policy these changes will be detailed on this page in order to ensure that you are fully aware of what information is collected, how it is used and under what circumstances it will be disclosed. If you are concerned about how your information is collected, used or disclosed, you should periodically check back at this page. If you have any specific concerns not addressed in the Policy, please contact us using the feedback page on the website.

Matlab

2008-02-05T07:11:00.001-08:00

The MathWorks, Inc.
Software License Agreement

IMPORTANT NOTICE

READ THE TERMS AND CONDITIONS OF YOUR LICENSE AGREEMENT CAREFULLY
BEFORE COPYING, INSTALLING, OR USING THE PROGRAMS OR DOCUMENTATION.

THE LICENSE AGREEMENT TOGETHER WITH ANY APPLICABLE ADDENDUM
REPRESENTS THE ENTIRE AGREEMENT BETWEEN YOU (THE "LICENSEE") AND THE
MATHWORKS, INC. ("MATHWORKS") CONCERNING THE PROGRAM(S) AND
DOCUMENTATION.

BY COPYING, INSTALLING, OR USING THE PROGRAMS AND DOCUMENTATION, YOU
ACCEPT THE TERMS OF THIS AGREEMENT. IF YOU ARE NOT WILLING TO DO SO, DO
NOT COPY, INSTALL, OR USE THE PROGRAMS AND DOCUMENTATION.

_________________________________________________________________

The MathWorks, Inc. Software License Agreement

Installation and Use Addendum (if applicable)

Academic Installation and Use Addendum (if applicable)

Student Version Installation and Use Addendum (if applicable)

Deployment Addendum

The MathWorks, Inc. Software License Agreement

1. DEFINITIONS.

1.1. "Licensee" means you, whether an individual or an entity, to whom
MathWorks grants the License, and who is responsible for complying
with the contractual obligations of the License, and ensuring that
anyone permitted access to the Programs also complies with such
obligations.

1.2. "Affiliate" means a legal entity which is controlled by, or
controls, or is under common control with Licensee. Control means
(i) beneficial ownership of at least fifty percent (50%) of the
voting securities of a corporation or other business organization
with voting securities, or (ii) a fifty percent (50%) or greater
interest in the profits and capital of a partnership or other
business organization without voting securities.

1.3. "Computer" means a single physical hardware system containing a
maximum of four (4) Processors. Each hardware partition, or blade
in a blade server, is considered to be a separate Computer, and a
hardware system with more than four (4) Processors is considered
to be more than one Computer.

1.4. "Documentation" means the user guides, if any, accompanying
delivery of a Program, as may be updated from time to time.
Documentation may be delivered in any medium or language.

1.5. "Internal Operations" means the use of a Program by employees,
consultants, student interns, and software administration
contractors of Licensee or an Affiliate on behalf of the Licensee
or Affiliate.

1.6. "Licensed User" means a user of the Programs, designated by the
Licensee as authorized to use the Programs for Licensee's Internal
Operations, to the extent permitted by the License Option
acquired.

1.7. "License Option" means the specific rights, restrictions, and
obligations under which Licensee may install and use a Program
pursuant to this Agreement, including those related to the
permitted Installation Type(s) associated with the License Option
acquired, as described in the applicable Installation and Use
Addendum, and including restrictions associated with the License
being an "Annual License," "Term License," "Perpetual License," or
"Student License" as described under Article 9.

1.8. "Licensor" means the person who, or entity which, grants a license
to MathWorks to redistribute that person's or entity's
intellectual property.

1.9. "PolySpace(TM) Products" means PolySpace(TM) Client for C/C++,
PolySpace(TM) Client for Ada, PolySpace(TM) Server for C/C++,
PolySpace(TM) Server for Ada, PolySpace(TM) Model Link SL,
PolySpace(TM) Model Link TL, and PolySpace(TM) UML Link RH.

1.10. "Processor" means a single integrated circuit on the motherboard
of a Computer that contains one or more cores which are used for
interpreting software instructions and processing data contained
in software programs.

1.11. "Program" means the software licensed hereunder, including
Documentation, enhancements and error corrections. Each product
licensed hereunder is a separate Program. "Ineligible Program"
is any Program that Licensee may not deploy, compile, distribute,
or call from a web application, as the case may be. A current
list of each Ineligible Program is available at
www.mathworks.com/ineligible_programs.

1.12. "Third Party" means any person or legal entity that is not
MathWorks, the Licensee, or an Affiliate.

2. ACCEPTANCE AND REFUNDS. If Licensee does not accept the terms and
conditions of this License and any applicable Addendum, or if Licensee
terminates this License, for any reason, within thirty (30) days of
Program delivery (the "Acceptance Period"), then Licensee shall
immediately return the Programs licensed hereunder to MathWorks or the
authorized distributor from whom Licensee acquired the Programs and,
if returned within the Acceptance Period, shall receive a full refund.
By retaining a Program throughout the Acceptance Period, Licensee
accepts the applicable rights, and agrees to be bound by the
applicable obligations and restrictions, of this Agreement including
the License Option acquired with respect to that Program.

3. LICENSE GRANT. MathWorks hereby grants to Licensee, subject to the
terms of this Agreement, a nonexclusive license (the "License") to:

3.1. install and use the Programs solely on Computers controlled by
Licensee, in accordance with the License Option acquired and
associated permitted Installation Type provisions contained in the
relevant Installation and Use Addendum, and solely for Internal
Operations;

3.2. provide access to online Documentation on Licensee's intranet,
provided it is not accessible over the open Internet;

3.3. print portions of the online Documentation for reasonable use by
Licensed Users; and

3.4. use the Programs as expressly set forth in the Deployment Addendum.

4. LICENSE RESTRICTIONS. The License is subject to the express
restrictions set forth below. Licensee shall not, and shall not permit
any Third Party to:

4.1. modify, or create any derivative work of, a Program or any part of
the licensed Programs, except as expressly permitted in Article 7
and the Deployment Addendum. Notwithstanding anything to the
contrary contained herein, any such permitted modifications must
be consistent with all other terms of this Agreement;

4.2. adapt, translate, copy, or convert all or any part of a Program in
order to create software, a principal purpose of which is to
perform the same or similar functions as Programs licensed by
MathWorks or to replace any component of the Programs;

4.3. rent, lease, or loan the Programs; use the Programs for supporting
Third Parties' use of the Programs, time share the Programs, or
provide service bureau or similar service use;

4.4. disassemble, decompile, reverse engineer the Programs or otherwise
attempt to gain access to its method of operation or source code
(other than files provided for convenience in source code form by
MathWorks);

4.5. sell, license, sublicense, publish, display, distribute,
disseminate, assign, or otherwise transfer (whether by sale,
exchange, lease, gift, or otherwise) to a Third Party the
Programs, any copy or portion thereof, or any License or other
rights thereto, in whole or in part, without MathWorks' prior
written consent, except as expressly permitted in the Deployment
Addendum;

4.6. alter, remove, or obscure any copyright, trade secret, patent,
trademark, logo, proprietary and/or other legal notices on or in
copies of the Programs;

4.7. use MathWorks' name, trade names, logos, or other trademarks of
MathWorks or any of its Affiliates or Licensors in any
advertising, promotional literature or any other material, whether
in written, electronic, or other form, distributed to any Third
Party, except in the form provided by MathWorks, and then solely
for purposes of identifying MathWorks' Programs;

4.8. provide access (directly or indirectly) to the Programs via a web
or network Application, except as permitted in Article 8 of the
Deployment Addendum;

4.9. copy, make available for copy, or otherwise reproduce the Programs,
in whole or in part, except either (a) as may be required for
their installation into Computer memory for the purpose of
executing the Program in accordance with the License Option and
associated permitted Installation Type(s), (b) as expressly
permitted in the Deployment Addendum, or (c) to make a reasonable
number of copies solely for back-up purposes provided that any
such permitted copies shall reproduce all copyright, trade secret,
patent, logo, proprietary and/or other legal notices contained in
the original copy obtained from MathWorks;

4.10. access or use Programs that Licensee is not currently licensed to
access or to use;

4.11. disclose the personal license password and/or license file to a
Third Party or allow them to be used except for installation and
use of the Programs as provided herein;

4.12. republish the Documentation, except as expressly permitted in
Article 3; and/or

4.13. create a server, for code generation, compilation, or other
Programs.

5. ADDITIONAL FEES. The fees for the License granted herein are
determined based upon Licensee's installation and use of the Programs
in the country in which the original delivery of the Programs occurs.
MathWorks may charge Licensee an additional fee for any subsequent
installation and use of the Programs licensed hereunder in any other
country.

6. RETENTION OF RIGHT, TITLE AND INTEREST BY MATHWORKS AND ITS LICENSORS.
The Programs shall at all times remain the property of MathWorks
and/or MathWorks' Licensors and Licensee shall have no right, title,
or interest therein, except as expressly set forth in this Agreement.
Licensee shall take appropriate action by instruction, agreement, or
otherwise with any persons permitted access to the Programs, so as to
enable Licensee to satisfy its obligations under the terms of this
Agreement.

7. LICENSES FOR THIRD PARTY SOFTWARE AND PRODUCTS. MathWorks has been
granted licenses to distribute certain Third Party software either as
part of a Program or, in the case of the PolySpace(TM) Products, as
separate products licensed under a separate license agreement. These
licenses require MathWorks to distribute the software, or the
PolySpace Products, as the case may be, to Licensee subject to
specific terms and conditions, which may be different from or
additional to those contained herein. Should such Third Party
software be provided under the Lesser General Public License, Licensee
may make modifications of the work identified in Section 6 of the
Lesser General Public License for Licensee's own use and reverse
engineering for debugging such modifications. Licensee agrees that
acceptance of this Agreement also confirms Licensee's acceptance of
any applicable Third Party software licenses. Such Third Party
licenses may be viewed at www.mathworks.com/thirdpartylicense.
Licensee may also contact MathWorks to obtain the current applicable
provisions.

8. SOFTWARE MAINTENANCE SERVICE. During any paid Software Maintenance
Service term, if applicable, MathWorks shall provide Software
Maintenance Service for the licensed Programs which consists of:
delivering subsequent releases of the Programs, if any, that are not
charged for separately; exerting reasonable efforts to both (a)
provide, within a reasonable time, workarounds for any material
programming errors in the current release of the Programs that are
directly attributable to MathWorks, and (b) correct such errors in the
next available release, provided Licensee provides MathWorks with
sufficient information to identify the errors. During this same paid
Software Maintenance Service term, Licensee shall also be entitled to
receive technical support for the current release. Technical support
means assistance by telephone, fax, and electronic mail with the
installation and/or use of the then-current release of the licensed
Programs, including all available bug fixes and patches, and their
interaction with supported hardware and operating systems
("Platforms"). MathWorks reserves the option to discontinue, in whole
or in part, and at any time, offering Software Maintenance Service
and/or technical support for any Program or Platform.

9. LICENSE DURATION ("TERM"). This Agreement shall continue until the
earlier of (a) termination by MathWorks or Licensee as provided below,
or (b) such time as there are no Programs being licensed to Licensee
hereunder.

9.1. For Annual Licenses: Licensee understands and agrees that each
Annual License will expire automatically immediately after its
corresponding one (1) year period, unless Licensee renews its
License by remitting the then-current annual License fee.
Licensee understands that the Programs will stop operating unless
Licensee pays the License fee and is provided new annual
passcodes. Licensee understands and agrees that the Software
Maintenance Service for each Annual License will terminate
automatically upon expiration of the Annual License Term.

9.2. For Term Licenses: Licensee understands and agrees that each Term
License will expire automatically immediately after the
corresponding period of the term licensed, unless Licensee renews
its License by remitting the then-current term License Fee.
Licensee understands that the Programs will stop operating unless
Licensee pays the license fee and is provided new term passcodes.
Licensee understands and agrees that the Software Maintenance
Service for each Term License will terminate automatically upon
expiration of the License Term.

9.3. For Perpetual Licenses: Licensee shall have the right to use the
Programs indefinitely, subject to the termination provisions in
this Agreement. Licensee understands and agrees that the Software
Maintenance Service for each Perpetual License will terminate
automatically upon expiration of the initial Software Maintenance
Service term included with the acquisition of the License.
Thereafter, the Software Maintenance Service term may be renewed
for any Program, at the then-current price, and for the
then-applicable term, as long as MathWorks offers such Software
Maintenance Service for such Program.

9.4. For Student Licenses: See the Student Version Installation and Use
Addendum for the License Term.

10. TERMINATION. MathWorks may terminate this Agreement and all Licenses
granted hereunder by written notice to Licensee if Licensee breaches
any material term of this License, including failure to pay any
License fees due, and Licensee has not cured such breach within sixty
(60) days of written notification. MathWorks may immediately
terminate upon notice this Agreement and all Licenses granted
hereunder should Licensee breach the terms and conditions of Articles
3, 4, and/or 11. Licensee may terminate this License at any time,
for any reason. Licensee shall not be entitled to any refund if this
License is terminated, except for License fees paid for any Programs
for which the Acceptance Period has not expired at the time of
termination. Upon termination, Licensee shall promptly return all
but archival copies of the Programs in Licensee's possession or
control, or promptly provide written certification of their
destruction.

11. EXPORT CONTROL. The Programs may be subject to U.S. export control
laws or other (U.S. and non-U.S.) governmental export and import laws
and regulations. Notwithstanding any other term of this Agreement or
Third Party agreement, Licensee's rights under this Agreement may not
be exercised by Licensee or any Third Party in violation of such laws
and regulations, nor may this Agreement be transferred to any party
where doing so would result in such a violation. The terms of any
limitation on the use, transfer or re-export of the Programs imposed
by MathWorks in any Destination Control Statement or other document
for the purpose of export control shall prevail over any term in this
Agreement. It shall be Licensee's responsibility to comply with the
latest United States or other governmental export and import
regulations.

12. FEDERAL ACQUISITION. This provision applies to all acquisitions of
the Programs and Documentation by, for, or through the federal
government of the United States. By accepting delivery of the
Programs or Documentation, the government hereby agrees that this
software or documentation qualifies as commercial computer software
or commercial computer software documentation as such terms are used
or defined in FAR 12.212, DFARS Part 227.72, and DFARS 252.227-7014.
Accordingly, the terms and conditions of this Agreement and only
those rights specified in this Agreement, shall pertain to and govern
the use, modification, reproduction, release, performance, display,
and disclosure of the Programs and Documentation by the federal
government (or other entity acquiring for or through the federal
government) and shall supersede any conflicting contractual terms or
conditions. If this License fails to meet the government's needs or
is inconsistent in any respect with federal procurement law, the
government agrees to return the Programs and Documentation, unused,
to MathWorks.

13. FOR EUROPEAN UNION LICENSEES ONLY. Any contractual provisions of this
Agreement contrary to laws implemented under Article 6 of Appendix V
of the European Union Software Directive or to the exceptions
provided for in Article 5(2) and (3) of such Appendix shall be null
and void solely to the extent decompiling, disassembling, or
otherwise reverse- engineering of the Programs is necessary to enable
the Licensee to create an independent program that is interoperable
with the Programs or any other permitted objectives specified by such
laws implemented under such directive (collectively, the "Permitted
Objectives"), provided that any such information gained is used
solely for such Permitted Objectives.

14. TAXES, DUTIES, CUSTOMS. Absent appropriate exemption certificates or
other conclusive proof of tax exempt status, Licensee shall pay all
applicable sales, use, excise, value-added, and other taxes, duties,
levies, assessments, and governmental charges payable in connection
with this Agreement or the Licenses granted hereunder, excluding
taxes based on or measured by MathWorks' income, for which MathWorks
shall be solely responsible.

15. ASSIGNMENT. Licensee may not assign or otherwise transfer this
Agreement and its rights and obligations hereunder, in whole or in
part, by operation of law or otherwise, without the written consent
of MathWorks. In the case of any permitted assignment or transfer of
or under this Agreement, this Agreement or the relevant provisions
shall be binding upon, and inure to the benefit of, the successors,
executors, heirs, representatives, administrators and assigns of the
parties hereto. MathWorks may charge Licensee an administrative fee
for any permitted assignment.

16. LIMITATION OF LIABILITY. The Programs should not be relied on as the
sole basis to solve a problem or implement a design whose incorrect
solution or implementation could result in injury to person or
property. If a Program is employed in such a manner, it is at the
Licensee's own risk and MathWorks and its Licensors explicitly
disclaim all liability for such misuse to the extent allowed by law.
MathWorks' and MathWorks' Licensors' liability for death or personal
injury resulting from negligence or for any other matter in relation
to which liability by law cannot be excluded or limited shall not be
excluded or limited. Except as aforesaid, (a) any other liability of
MathWorks and its Licensors (whether in relation to breach of
contract, negligence or otherwise) shall not in total exceed the
amount paid to MathWorks under this Agreement in the twelve month
period preceding the claim in question, for the Program with respect
to which the liability in question arises; and (b) MathWorks and its
Licensors shall have no liability for any indirect or consequential
loss (whether foreseeable or otherwise and including loss of profits,
loss of business, loss of opportunity, and loss of use of any
computer hardware or software). Some states do not allow the
exclusion or limitation of incidental or consequential damages, so
the above exclusion or limitation may not apply to Licensee.

17. LIMITED WARRANTY/LIMITATION OF REMEDIES. MathWorks warrants that
MathWorks, on its own behalf or through its Licensors, has the right
to grant the License rights hereunder. MathWorks warrants that the
physical media provided shall be free from defects in material and
workmanship for a period of ninety (90) days from delivery, or it
will be replaced by MathWorks at no cost to Licensee. MathWorks
further warrants, for a period of one (1) year from delivery or for
the term of the License, whichever is less, that each copy of each
Program will conform in all material respects to the description of
such Program's operation in the Documentation. In the event that a
Program does not operate as warranted, Licensee's exclusive remedy
and MathWorks' sole liability under this warranty shall be the
correction or workaround by MathWorks of major defects within a
reasonable time. Should such correction or workaround be
impractical, MathWorks may, at its option, terminate the relevant
License and refund the initial License fee paid to MathWorks for such
Program. All requests for warranty assistance should be directed to
The MathWorks, Inc., 3 Apple Hill Drive, Natick, MA 01760-2098,
U.S.A.

18. DISCLAIMER OF WARRANTIES. Except for warranties expressly set forth
in Article 17 of this Agreement (or as implied by law where the law
provides that the particular terms implied cannot be excluded by
contract), any and all Programs, Documentation, and Software
Maintenance Services are delivered "as is" and MathWorks makes and
the Licensee receives no additional express or implied warranties.
MathWorks and its Licensors hereby expressly disclaim any and all
other conditions, warranties, or other terms of any kind or nature
concerning the Programs, Documentation, and Software Maintenance
Services (including, without limitation, any with regard to
infringement, merchantability, quality, accuracy, or fitness for a
particular purpose or Licensee's purpose). MathWorks also expressly
disclaims any warranties that may be implied from usage of trade,
course of dealing, or course of performance. Except for the express
warranties stated in Article 17 of this Agreement, the Programs,
Documentation, and Software Maintenance Services are provided with
all faults, and the entire risk of satisfactory quality, performance,
accuracy, and effort is with Licensee. MathWorks does not warrant
that the Programs and Documentation will operate without interruption
or be error free. Some states and countries do not allow limitations
on how long an implied warranty lasts, so the above limitation may
not apply to Licensee. The warranty in Article 17 gives Licensee
specific legal rights and Licensee may also have other rights which
vary from state to state and country to country. Licensee accepts
responsibility for its use of the Programs and the results obtained
therefrom.

19. GOVERNING LAW; JURISDICTION. This Agreement shall be interpreted,
enforced and construed and the rights of the parties hereunder
governed in all respects by the laws of the Commonwealth of
Massachusetts, United States of America, without regard to its
conflicts of law provisions, and both parties consent to the
jurisdiction of the federal and state courts located in said
Commonwealth and consent to the service of process, pleadings and
notices in connection with any and all actions initiated in such
courts. The parties agree that a final judgment in any such action
or proceeding shall be conclusive and binding and may be enforced in
any other jurisdiction. To the extent any governing law, treaty, or
regulation is in conflict with this Agreement, the conflicting terms
of this Agreement shall be superseded only to the extent necessary by
such law, treaty, or regulation. If any provision of this Agreement
shall be otherwise unlawful, void, or otherwise unenforceable, that
provision shall be enforced to the maximum extent permissible. In
either case, the remainder of this Agreement shall not be affected.
The parties agree that the U.N. Convention on Contracts for the
International Sale of Goods shall not apply to this Agreement. The
parties further agree that the Uniform Computer Information
Transactions Act, or any version thereof, adopted by any state, in
any form ("UCITA"), shall not apply to this Agreement. To the extent
that UCITA is applicable, the parties agree to opt out of the
applicability of UCITA pursuant to the Opt-Out provision(s) contained
therein.

20. COMPLIANCE AND AUDIT RIGHTS. Licensee agrees to notify MathWorks
promptly upon discovery of any failure to comply with one or more
Licenses granted under this Agreement, or any failure to comply with
any other material term of this Agreement. To confirm Licensee's
compliance with the terms and conditions of this Agreement, Licensee
agrees to allow MathWorks to audit Licensee's use of the Programs,
and to provide MathWorks access to Licensee's facilities and
Computers, and cooperation from Licensee's employees and consultants,
as reasonably requested by MathWorks in order to perform such audit,
all during normal business hours, and after reasonable prior notice
from MathWorks. If an audit discloses that Licensee has failed to
comply with one or more Licenses, and such failure to comply could
have in part or in whole been avoided by Licensee having paid
additional License fees to expand the scope of the License or
Licenses, then Licensee shall promptly pay MathWorks such Licensing
fees (at MathWorks' then current rates) and, if such unpaid License
fees exceed 5% of the License fees paid to MathWorks for the
applicable Programs during the applicable period during which such
underpayment occurred, then Licensee shall, in addition to paying the
unpaid License fees, also reimburse MathWorks the full cost of such
audit.

21. LICENSE MANAGEMENT. During installation, you, or the Programs, may
send information about the Programs and the Computer to MathWorks.
This information includes the version of the Programs, operating
system configuration parameters required for installation, and
machine- specific identification (the Macrovision FLEXNET(R)
"hostid") of the Computer. Licensee agrees that such information may
be retrieved and utilized by MathWorks for installation and license
management purposes.

22. HEADINGS. The inclusion of headings is for convenience of reference
only and shall not affect the construction or interpretation of this
Agreement.

23. ENTIRE AGREEMENT. This Agreement, and any applicable Addendum thereto
including any documents referenced therein are incorporated herein by
reference, and contain the entire understanding of the parties and
may not be modified or amended except by written instrument, executed
by authorized representatives of MathWorks and Licensee. In the
event of any conflict between this Agreement and any purchase order
executed by Licensee (whether executed before or after this
Agreement), this Agreement shall prevail.

The MathWorks, Inc. Software License Agreement - Installation and Use Addendum

This is an Addendum to The MathWorks, Inc. Software License Agreement
(the "Agreement"), and the terms and conditions of this Addendum are
incorporated therein. Each capitalized term used herein and not defined
herein shall have the meaning ascribed to it in the Agreement.

1. SCOPE. The Installation and Use provisions of this Addendum apply to
each Program licensed under the Agreement. The applicable provisions
are determined by the particular License Option that Licensee
acquired, including those related to the permitted Installation
Type(s) associated with the License Option acquired.

2. LICENSE OPTIONS AND PERMITTED INSTALLATION TYPES. At the time the
License is acquired, Licensee must select a License Option from those
offered on MathWorks' then-current price list. If the License Option
is not specified on Licensee's order, MathWorks shall determine the
License Option for Licensee by comparing the price paid to MathWorks'
then-current price list, less the appropriate discount, if any.

3. DEFINITIONS.

3.1. Installation Type. One or more of the Standalone Named User,
Network Named User, or Network Concurrent User installation types
available with respect to the License Option acquired.

3.2. License Manager. The Macrovision FLEXNET(R) license management
software provided with the Program(s).

3.3. Licensed Users. Those users of the Programs, designated by the
Licensee as authorized to use the Programs for Licensee's Internal
Operations, to the extent permitted by the License Option
acquired.

3.4. License Option. The specific rights, restrictions, and obligations
under which Licensee may install and use a Program pursuant to the
Agreement, including those related to the permitted Installation
Type(s) associated with the License Option acquired.

3.5. Named User. Licensed User designated and identified by Licensee as
the "Named User" for a License to a Program under the "Standalone
Named User" and "Network Named User" Installation Types.

4. INSTALLATION AND USE. Specific rights, obligations, and restrictions
apply to each License Option. Licensee's right to install and use the
Programs is determined by the License Option acquired, including the
permitted Installation Type(s) with respect to such License Option as
set forth in the table below. By accepting the terms and conditions
of the Agreement, Licensee also accepts the License Option acquired.

LICENSE OPTIONS AND INSTALLATION TYPES

License Option: Permitted Installation Types

Individual: Standalone Named User
Group*: Standalone Named User
Network Named User: Network Named User
Concurrent: Network Concurrent User

*In some countries, the Group License Option is not available. Contact
your local MathWorks representative for more information.

4.1. License Options.

4.1.1. Individual. Except as specifically set forth in Section 4.3
hereof, the Individual License Option permits only the
Standalone Named User Installation Type. Program use is
restricted to the single, designated Named User.

4.1.2. Group. Except as specifically set forth in Section 4.3 hereof,
the Group License Option permits only the Standalone Named
User Installation Type. The Programs may be operated by a
combined workgroup of Named Users, up to the maximum number of
Named Users licensed to use each Program. Licensee is
responsible for ensuring that the total number of Named Users
of each Program on a License does not exceed the number
licensed for each Program. This License Option must be
centrally administered and maintained. Licensee shall be
responsible for, and shall assign a central administrator the
task of, accurately counting and controlling the number of
Named Users allowed access to each Program, and installing and
administering the Programs including new versions of the
Programs delivered during any paid Software Maintenance
Service term.

4.1.3. Network Named User. Except as specifically set forth in
Section 4.3 hereof, the Network Named User License Option
permits only the Network Named User Installation Type.

4.1.4. Concurrent. Except as specifically set forth in Section 4.3
hereof, the Concurrent License Option permits only the Network
Concurrent User Installation Type.

4.2. Installation Types.

4.2.1. Standalone Named User. Programs may be installed and operated
on one or more individual Computers, provided the Programs are
only accessible to, and operated by, the Named User for that
License. The physical locations of the Computers used by the
Named User to run the Programs are not limited; the Computers
may be located at work, home, in a laboratory, or on a laptop.
Licensee may only designate one Licensed User access to or use
of the Programs under each Named User License. Licensee may
redesignate the Named User for a Program, whether temporarily
or not, no more than four (4) times per year. A Named User
may not use a Program on more than two (2) Computers
simultaneously.

4.2.1.1. Alternatively, for the Windows(R) platform only, Licensee
may install and operate the Programs on a single,
designated Computer, provided the Computer is not a
network server and the Programs are only operated from
that Computer's console by only one Licensed User at any
given time (a "Designated Computer" Installation Type).
Licensee may redesignate the Computer for a Program to a
different Computer, whether temporarily or not, no more
than four (4) times per year. This Designated Computer
Installation Type is in lieu of the Standalone Named User
rights above, not in addition to those rights, and is
intended to accommodate a single Windows Computer shared
by multiple Licensed Users.

4.2.2. Network Named User. Programs may only be installed in a
central location on a single designated network server.
Licensee must run the License Manager in its User-Based mode,
and edit the Local License Options file to maintain a list of
Named Users authorized to access and operate each Program.
Licensee may re-edit the list of Named Users in the Local
License Options file and may redesignate Named Users for a
Program, whether temporarily or not, no more than four (4)
times per year, provided the number of Named Users in the file
never exceeds the number licensed per Program. Portions of
the Programs may be installed on individual Computers to
accelerate startup times, as long as the installations on the
individual Computers are controlled by the License Manager on
the network server. A Named User may not use a Program on
more than two (2) Computers simultaneously.

4.2.3. Network Concurrent User. The Programs may only be installed in
a central location on a single designated network server.
Licensee must run the License Manager in its Concurrent mode
and may have only as many Licensed Users simultaneously
operating a Program at any given time as the number of
Concurrent keys acquired for that Program. Subject to the
foregoing, a Licensed User of the Concurrent License Option
may utilize any number of Computers served by a single License
Manager provided that, before using a Program on any Computer,
the Licensed User checks out a separate Concurrent key from
the License Manager for that Computer. Portions of the
Programs may be installed on individual Computers to
accelerate startup times, as long as the installations on the
individual Computers are controlled by the License Manager on
the network server. Licensees of the Concurrent License
Option are prohibited from providing Program access to users
located outside the country in which the License Manager
server is installed unless Licensee has contracted for global
use. For the purposes of the Concurrent License Option, all
servers located in a member country of the North American Free
Trade Agreement ("NAFTA") shall be considered located in the
same country as those of the other NAFTA members, and all
servers located in Iceland, Norway, Switzerland, or any member
country of the European Union ("EU") shall be considered
located in the same country.

4.3. MATLAB(R) Distributed Computing Engine. Licensees of the MATLAB(R)
Distributed Computing Engine Program ("MDCE") are permitted to
install and make available Programs, other than any Ineligible
Program, on one or more Computers ("Computer Cluster") solely
for use through the MDCE, provided that (1) the Programs on the
Computer Cluster are controlled by a single License Manager for
each MDCE, (2) the number of simultaneous Program sessions does
not exceed the number of MDCE workers acquired, (3) access to any
Program, whether in the MDCE or otherwise, remains limited to
those persons who are Licensed Users of such Programs, and the
Distributed Computing Toolbox; and 4) access to any Program,
including the MDCE, is not made available (i) to any Third Party
without the advance written consent of MathWorks, or (ii) to any
user outside the country in which the MDCE's License Manager
server is installed, unless the Licensee acquires a separate
license from MathWorks. For the purposes of this Section 4.3, all
MDCE License Manager servers located in a member country of the
North American Free Trade Agreement ("NAFTA") shall be considered
located in the same country as those of the other NAFTA members,
and all MDCE License Manager servers located in Iceland, Norway,
Switzerland, or any member country of the European Union ("EU")
shall be considered located in the same country.

5. REMOTE AND SHARED OPERATION.

Subject also to the foregoing:

5.1. Remote Access to the Desktop:

Using the Microsoft(R) Remote Desktop connection feature or
similar technologies:

5.1.1. Named Users and Network Named Users may remotely access
Programs for which they are licensed.

5.1.2. Network Concurrent Users may remotely access Programs served by
the License Manager server for the License under which they
are operating.

5.1.3. The Licensee of a Designated Computer Installation Type may
designate one Licensed User to remotely access the Programs
licensed on the Designated Computer for operation on that
Designated Computer. Licensee may redesignate such Licensed
User, whether temporarily or not, no more than four (4) times
per year.

5.2. Shared Access to the Desktop:

5.2.1 A Licensed User may use Microsoft(R) Remote Assistance
technology, NetMeeting(R) conferencing software, or similar
technologies to share the desktop view of a Program session
remotely with another individual for assistive purposes only.

THE MATHWORKS, INC. SOFTWARE LICENSE AGREEMENT -
Academic Installation and Use Addendum

This is an Addendum to The MathWorks, Inc. Software License Agreement
(the "Agreement"), and the terms and conditions of this Addendum are
incorporated therein. Each capitalized term used herein and not defined
herein shall have the meaning ascribed to it in the Agreement.

1. SCOPE. The provisions of this Academic Installation and Use Addendum
apply to each Program licensed under the Agreement at prices offered
only to degree-granting educational institutions ("Academic prices")
for Academic Internal Operations only, as defined below. Research and
development divisions and centers of universities, U.S. government
agencies and other not-for-profit organizations do not qualify for
Academic prices. This Addendum imposes certain additional obligations
and restrictions with respect to the Programs licensed at such
Academic prices that are not contained in the Agreement. The
applicable provisions are determined by the particular Academic
License Option that Licensee acquires for each Program, including
those related to the permitted Installation Type(s) associated with
the Academic License Option acquired. In the event of a conflict
between the provisions of this Addendum and the Agreement, these
Addendum provisions shall apply.

2. ACADEMIC LICENSE OPTIONS AND PERMITTED INSTALLATION TYPES. At the time
the License is acquired, Licensee must select an Academic License
Option from those offered on MathWorks' then-current Academic price
list. If the License Option is not specified on Licensee's order,
MathWorks shall determine the License Option for Licensee by comparing
the price paid to MathWorks' then-current Academic price list, less
the appropriate discount, if any.

3. DEFINITIONS.

3.1. Installation Type. One or more of the Standalone Named User,
Network Concurrent User, or Designated Computer installation types
available with respect to the Academic License Option acquired.

3.2. Academic Internal Operations. The installation and use of the
Programs by Licensed Users, in accordance with the Academic
License Option acquired, for the purpose of (i) in the case of
employees (faculty and academic staff), performing software
administration, teaching, and noncommercial, academic research in
their ordinary course as Licensee's employees; and (ii) in the
case of enrolled students, meeting classroom requirements of
courses and study offered by the Licensee. Any other use is
expressly prohibited.

3.3. License Manager. The Macrovision FLEXNET(R) license management
software provided with the Programs.

3.4. Licensed Users. All enrolled students and employees (faculty and
academic staff) of the Licensee who are authorized by Licensee to
use the Programs for Academic Internal Operations in accordance
with the Agreement, as revised from time to time, and to the
extent permitted by the Academic License Option acquired. As used
herein, "employees" excludes subcontractors and consultants of the
Licensee.

3.5. Academic License Option. The specific rights, restrictions, and
obligations under which Licensee may install and use a Program
pursuant to the Agreement, including those related to the
permitted Installation Type(s) associated with the Academic
License Option acquired.

3.6. Named User. Licensed User designated and identified by Licensee as
the "Named User" for a License to a Program under the "Standalone
Named User" Installation Type.

4. INSTALLATION AND USE. Specific rights, obligations, and restrictions
apply to each Academic License Option. Licensee's right to install
and use the Programs is determined by the Academic License Option
acquired, including the permitted Installation Type(s) with respect to
such Academic License Option as set forth in the table below. By
accepting the terms and conditions of the Agreement, Licensee also
accepts the Academic License Option acquired, and agrees to use the
Programs only for Academic Internal Operations.

ACADEMIC LICENSE OPTIONS AND INSTALLATION TYPES

Academic License Options: Permitted Installation Types

Individual: Standalone Named User
Group: Designated Computer
Concurrent: Network Concurrent User
Classroom: Designated Computer, Network Concurrent User

4.1. Academic License Options.

4.1.1. Individual. Except as specifically set forth in Section 4.3
hereof, the Individual License Option permits only the
Standalone Named User Installation Type. Program use is
restricted to the single, designated Named User.

4.1.2. Group. Except as specifically set forth in Section 4.3
hereof, the Group License Option permits only the Designated
Computer Installation Type. The Programs may be operated on
up to the maximum number of Designated Computers licensed
for each Program. Licensee is responsible for ensuring that
the total number of Designated Computers on which each
Program is installed and used does not exceed the number
licensed for each Program. This License Option must be
centrally administered and maintained. Licensee shall be
responsible for, and shall assign a central administrator
the task of accurately counting and controlling the number
of Designated Computers on which installation of each
Program is allowed, and installing and administering the
Programs including new versions of the Programs delivered
during any paid Software Maintenance Service term.

4.1.3. Concurrent. Except as specifically set forth in Section 4.3,
the Concurrent License Option permits only the Network
Concurrent User Installation Type.

4.1.4. Classroom. Except as specifically set forth in Section 4.3,
the Classroom License Option permits only the Network
Concurrent User and/or Designated Computer Installation
Types. Notwithstanding the foregoing definition of Academic
Internal Operations, Programs licensed under the Classroom
License Option are further restricted to use in connection
with on-campus computing facilities that are used solely in
support of classroom instruction of students. Research use
is not permitted.

4.2. Installation Types.

4.2.1. Standalone Named User. The Programs may only be installed and
operated on one or more individual Computers, provided the
Programs are only accessible to, and operated by, the Named
User for that License. The physical locations of the
Computers used by the Named User to run the Programs are not
limited; the Computers may be located at work, home, in a
laboratory, or on a laptop. Licensee may only designate one
Licensed User access to or use of the Programs under each
Named User License. Licensee may redesignate the Named User
for a Program, whether temporarily or not, no more than four
(4) times per year. A Named User may not use a Program on
more than two (2) Computers simultaneously.

4.2.1.1. Alternatively, for the Windows(R) platform only, Licensee
may install and operate the Programs on a single,
designated, Computer as described in Section 4.2.2 below
(a "Designated Computer" Installation Type). This
Designated Computer Installation Type is in lieu of the
Standalone Named User rights above, not in addition to
those rights, and is intended to accommodate a single
Windows Computer shared by multiple Licensed Users.

4.2.2. Designated Computer. The Programs may only be installed and
operated on a single, designated Computer, provided the
Computer is not a network server and the Programs are only
operated from that Computer's console by only one Licensed
User at any given time. Licensee may redesignate the Computer
for a Program to a different Computer, whether temporarily or
not, no more than four (4) times per year.

4.2.3. Network Concurrent User. The Programs may only be installed in
a central location on a single designated network server.
Licensee must run the License Manager in its Concurrent mode
and may have only as many Licensed Users simultaneously
operating a Program at any given time as the number of
Concurrent keys acquired for that Program. Subject to the
foregoing, a Licensed User of the Concurrent License Option
may utilize any number of Computers served by a single License
Manager provided that, before using a Program on any Computer,
the Licensed User checks out a separate Concurrent key from
the License Manager for that Computer. Portions of the
Programs may be installed on university-owned or controlled
individual Computers to accelerate startup times, as long as
the installations on the individual Computers are controlled
by the License Manager on the network server. Licensees of
the Concurrent License Option are prohibited from providing
Program access to users located outside the country in which
the License Manager server is installed.

4.3. MATLAB(R) Distributed Computing Engine. Licensees of the MATLAB(R)
Distributed Computing Engine Program ("MDCE") are permitted to
install and make available Programs, other than any Ineligible
Program, on one or more Computers ("Computer Cluster") solely for
use through the MDCE, provided that (1) the Programs on the
Computer Cluster are controlled by a single License Manager for
each MDCE, (2) the number of simultaneous Program sessions does
not exceed the number of Engine workers acquired, (3) access to
any Program, whether in the MDCE or otherwise, remains limited to
those persons who are Licensed Users of such Programs, and the
Distributed Computing Toolbox; and (4) access to any Program,
including the MDCE, is not made available (i) to any Third Party
without the advance written consent of MathWorks, or (ii) to any
user outside the country in which the MDCE License Manager is
installed.

5. REMOTE AND SHARED OPERATIONS

Subject also to the foregoing:

5.1. Remote Desktop Access:

Using the Microsoft(R) Remote Desktop connection feature or
similar technologies:

5.1.1. Named Users may remotely access Programs for which they are
licensed.

5.1.2. Network Concurrent Users may remotely access Concurrent
Programs served by the License Manager server for the License
under which they are operating.

5.1.3. The Licensee of a Designated Computer Installation Type may
designate one Licensed User to remotely access the Programs
licensed on the Designated Computer for operation on that
Designated Computer. Licensee may redesignate such Licensed
User, whether temporarily or not, no more than four (4) times
per year.

5.2. Shared Access to the Desktop:

5.2.1. A Licensed User may use Microsoft(R) Remote Assistance
technology, NetMeeting(R) conferencing software, or similar
technologies to share the desktop view of a Program session
remotely with another individual for assistive purposes only.

THE MATHWORKS, INC. SOFTWARE LICENSE AGREEMENT - Student
Version Installation and Use Addendum

This is an Addendum to The MathWorks, Inc. Software License Agreement
(the "Agreement"), and the terms and conditions of this Addendum are
incorporated therein. Each capitalized term used herein and not defined
herein shall have the meaning ascribed to it in the Agreement.

1. SCOPE. The provisions of this Student Installation and Use Addendum
apply to the MATLAB(R) and Simulink(R) Student Version Programs and to
any other Programs licensed under the Agreement at prices offered to
students enrolled in degree-granting educational institutions
("Student prices"). This Addendum imposes certain additional
obligations and restrictions with respect to the Programs licensed at
such Student prices that are not contained in the Agreement. In the
event of a conflict between the provisions of this Addendum and the
Agreement, these Addendum provisions shall apply. The license
provided for in this Addendum is referred to as a "Student License".

2. RETURNS AND REFUNDS. Returns and refunds of Student License purchases
are subject to the refund policies at the time and point of purchase.

3. REGISTRATION AND ACTIVATION. The Programs contain technology for the
prevention of unlicensed or illegal use of the Programs. Licensee
agrees to the use and application of such technology in the Programs
(a) to limit the installation and use of the Programs by Licensee to a
finite number of Computers, and (b) to require Licensee's registration
of the Student License and activation of the Programs in advance of
the use of the Programs (other than for temporary use) as further
described in this Addendum and in the Documentation for the Programs.

4. ELIGIBILITY. Licensee further agrees to the following eligibility
restrictions of the Student License: the Licensee must be a student
enrolled in a degree-granting educational institution or participating
in a continuing education program at a degree-granting educational
institution.

5. LICENSE TERM. The Student License may be acquired (as available) in
one of two, separate term lengths, either the Standard Student License
Term (for the standard Student Version License) or the One-Year
Student License Term (for the Student Version One-Year License).
Licensees of the Standard Student License Term agree that their
Student License expires automatically immediately after the duration
of Licensee's enrollment in a degree-granting institution or
participation in a continuing education program of a degree-granting
institution. Licensees of the One-Year Student License Term agree
that their Student License expires automatically after one year, as
measured from the date the Student License is first activated.

6. INSTALLATION AND USE. The Student License permits the Licensee to use
the Programs at any time during the Term in accordance with the
Agreement on not more than two (2) Computers that Licensee owns or
leases provided (i) the Programs are only accessible to, and operated
by, Licensee, and (ii) Licensee has provided machine-specific
identification for such Computers through the registration and
activation process. Network installation is prohibited.

7. SOFTWARE MAINTENANCE SERVICE. Software Maintenance Service is not
available for a Student License.

8. ASSIGNMENT. Student Licenses are nontransferable.

9. DISTRIBUTION OF STUDENT VERSION LICENSES BY DEGREE-GRANTING EDUCATIONAL
INSTITUTIONS. A degree-granting educational institution (the
"Institution") may place orders for Student Licenses and add-on
Programs for its enrolled students only for installation and use in
accordance with this Addendum. It is expressly understood and agreed
the Institution shall take appropriate action to ensure (i) the
Agreement including this Addendum is delivered to each student
Licensee intact with the distribution of media; (ii) media seal
notices provided by MathWorks regarding the licensing of the Programs
are delivered intact to the student Licensees in receipt of media; and
(iii) each student Licensee is instructed not to copy the Programs or
use them for commercial purposes, and is required by the Institution
to de-install the Programs at the expiration of the Term for such
student Licensee.

THE MATHWORKS, INC. SOFTWARE LICENSE AGREEMENT -
Deployment Addendum

This is an Addendum to The MathWorks, Inc. Software License Agreement
(the "Agreement"), and the terms and conditions of this Addendum are
incorporated therein. Each capitalized term used herein and not defined
herein shall have the meaning ascribed to it in the Agreement.

1. PURPOSE. The MathWorks, Inc. Software License Agreement (the
"Agreement") contains restrictions prohibiting Licensee from
modifying, distributing, or providing access to the Programs or any
Program Components (as defined below), except as expressly provided in
this Addendum. If the Programs licensed by Licensee under the
Agreement contain Source Code or Object Code Program Components, then
this Addendum sets forth the Licensee's rights with respect to
creating Applications and Derivative Forms and distributing
Applications, Derivative Forms, and Deployment Programs, as well as
certain additional obligations related thereto.

MathWorks or its Licensors retain all right, title, and interest in
its Programs, Program Components, and Derivative Forms of its
Programs.

2. USER CREATED FILES. This Addendum does not apply to M-files,
MDL-files, MEX-files, MAT-files, VHDL-files, Verilog-files, FIG-files
and P-files that are created by Licensee and that do not include any
code obtained from M-files, MAT-files, P-code, MDL-files, C/C++ files,
VHDL-files, Verilog-files, TLC-files, or other Source Code files
supplied with the Programs ("User Files"). Licensee may distribute,
sublicense, and resell without restriction, User Files.

3. NONCOMPETITION. Licensee agrees not to use the Programs, Derivative
Forms, Generated Forms, or Program Components to make or distribute
its own or a Third Party's Application, a principal purpose of which,
as reasonably determined by MathWorks, is to perform the same or
similar functions as Programs licensed by MathWorks or which replaces
any component of the Programs. Licensee shall not otherwise use the
Programs to compete with the products or businesses of MathWorks,
including by distributing Libraries, or any form of an entire Program
or a substantial portion of a Program.

4. DEFINITIONS.

4.1. Application. A software file that Licensee has created by either
(a) using a MathWorks Program to compile or translate Licensee
created Source Code or (b) incorporating or linking any part of
any Source Code, library file, or other Program Component provided
with the Program. An Application must contain original code
developed by Licensee and must provide substantial functionality
not contained in, or provided by, the Program Components that are
incorporated into such Application. If a software file created by
a Licensee incorporates Program Components, but does not meet the
requirements of the previous sentence, then it is a Derivative
Form (as defined below). An Application may contain Linked Object
Code which, if such Object Code was not Linked to the Application
and was a standalone file, would otherwise have been deemed a
Derivative Form.

4.2. Application License. A license granted by Licensee to its end-users
for the installation and use of Licensee's Application.

4.3. Generated Forms. The output of the MATLAB Compiler, Real-Time
Workshop(R), Stateflow(R) Coder, Simulink(R) HDL Coder, Embedded
Coders, and other MathWorks' code generation Programs in the form
of Source Code, as well as such Source Code converted to Object
Code or Linked forms.

4.4. Derivative Forms. A software file that Licensee has derived from
one or more Program Components (including without limitation by
incorporating, translating, or modifying, in whole or in part, any
Program Component), and which, if modified or copied without
MathWorks' authorization, would constitute a copyright
infringement or breach of the Agreement. A software file created
by Licensee which qualifies as an "Application" under the above
definition shall not be deemed a Derivative Form.

4.5. Linked. An executable or loadable file created by a compiler or
linker program combining Object Code module files.

4.6. MAT-file. The file format in which MATLAB stores data.

4.7. MCR Libraries. MATLAB Component Runtime support libraries and
other files for deployment of Applications created with the MATLAB
Compiler.

4.8. Object Code. The code created by a system compiler from source
code; also called "machine-readable code". Object Code can be
Linked with an appropriate linker to resolve address references
and may be combined with other Object Code for targeted execution
on a specific processor. Object Code includes "Object Code
libraries" and "shared libraries," which are groupings of Object
Code for specific purposes.

4.9. Program Component. Any portion of, or file provided with, a Program.

4.10. Source Code. Human-readable program code written in a higher-level
language such as C, C++, Java(TM), MATLAB(R), MDL, VHDL, Verilog,
or Fortran, which must be translated or compiled into
machine-readable language before it can be executed by a
Computer. Source Code also includes header files and other
human-readable files necessary for a Program to be compiled in
the higher-level language.

4.11. Standalone Application. An Application created using programming
languages and tools other than the Programs, which executes
outside of the Programs.

4.12. Deployment Program. Any MathWorks Program that either (a)
generates Object Code or Source Code in response to user input,
or (b) contains executable functions or data accessed by an
Application (such as a DLL file).

5. DEPLOYMENT PROGRAMS. Licensed Users of MathWorks' Deployment Programs
may automatically generate code from M-files, Simulink(R)/Stateflow(R)
diagrams, and other representations, into Generated Forms.
Furthermore, Licensee may copy and deploy these Generated Forms for
use outside of the Programs.

Not all Programs are eligible for deployment within Licensee's
Application. For a list of Ineligible Programs see
www.mathworks.com/ineligible_programs.

5.1. MATLAB(R) Application Deployment Programs

5.1.1. MATLAB(R) Compiler. Licensee may use and distribute the MCR
Libraries for the sole purpose of running Licensed User's
Application generated by the MATLAB Compiler. Licensee may
deploy, at no cost, copies of such Applications that
incorporate the MCR Libraries and compiled versions of M-files
from the licensed Programs required for the Application. No
further fees shall be due to MathWorks for such deployment
within such Applications, regardless of whether the
Application is distributed solely for Licensee's Internal
Operations or to Third Parties.

Licensee may make copies of the MCR Libraries accessible for
deployment on an internal server provided such deployment is
solely to its Licensed Users for use with an Application and
for Licensee's Internal Operations only. Licensee agrees to
employ the same security measures to protect the MCR Libraries
as it uses to safeguard Licensee's own proprietary
intellectual property, but in no event less than reasonable
care. No further fees shall be due to MathWorks for such
server deployment.

Licensee is prohibited from making copies of the MCR Libraries
accessible to any Third Party separate from a Licensed User's
Application.

5.1.1.1. Licensed User may include, by compilation for deployment,
only those select M-files from the licensed Programs
required for the Application.

5.1.1.2. In no event shall Licensee distribute any library header
files.

5.1.1.3. Licensee's Application may not provide functionality or
behavior similar to that of the MATLAB command line.

5.1.1.4. Licensee's Application may not allow operation of the code
generation capabilities of Programs.

5.1.1.5. Licensee's Application may not provide access to an entire
Program or a substantial portion of a Program.

5.1.1.6. Licensee shall include the notice "MATLAB(R). (c) 1984 -
[INSERT YEAR MATLAB VERSION PUBLISHED] The MathWorks,
Inc." in the deployed Application's About Box, or similar
visible location, and in the applicable documentation
distributed with each copy of the Application.

5.1.1.7. Licensee must state in the documentation or other materials
distributed with the Application that Licensee's limited
rights to the deployment are governed by a certain license
agreement between Licensee and MathWorks. Licensee may not
modify or remove any license agreement file (MathWorks or
Third-Party) that is included with the MCR Libraries ("MCR
Library License"). Licensee shall insure that any
licensee of the Application must first accept the terms of
such MCR Library License prior to installation of the
Application.

5.2. Simulink(R) Application Deployment Programs

5.2.1. Deployment Programs. MathWorks provides directories of C, C++,
Assembly, linker command files, template makefiles, project
files, and TLC source code files with Programs that implement
the real-time framework, code generation instructions,
libraries, and Application Programming Interface (API) for use
with the code generated by the Simulink family of products,
including Real-Time Workshop, Stateflow Coder, Simulink HDL
Coder, Embedded Coders and other Programs. Licensee may use,
copy, and modify these files in source code form for different
development targets provided that they are only copied for
development use in connection with Real-Time Workshop,
Embedded Coders, Stateflow Coder, or other code generation
Programs.

5.2.1.1. Licensee may copy and deploy these files outside of the
Programs in Linked Object Code form or Source Code form,
if only used in combination with code generated by those
Programs as part of a larger standalone Application.

5.2.1.2. No further fees shall be due to MathWorks for such
deployment within Licensee's Application, regardless of
whether the Application is deployed solely for Licensee's
Internal Operations or to Third Parties.

5.2.2. Real-Time Windows Target. Licensee may not incorporate
Real-Time Windows Target into an Application for deployment
without contracting with MathWorks for an OEM or VAR
agreement.

5.2.3. xPC Target. Licensee may develop Applications that incorporate
Linked-in copies of xPC Target and those files required for
the Application that have been compiled or otherwise obtained
from Real-Time Workshop and/or Stateflow Coder on a single
development PC, and download that Application to a target PC
directly connected to the development PC by either Ethernet or
serial connections. When running on xPC TargetBox(R), the
Application may also be used for standalone operation, without
connection to the development PC.

5.2.3.1. The right to distribute the Application beyond the target
PC is contingent upon acquiring a License for the xPC
Target Embedded Option. No further fees shall be due to
MathWorks for such deployment within Licensee's
Application, regardless of whether the Application is
deployed solely for Licensee's Internal Operations or to
Third Parties. Additionally, the Embedded Option License
allows for the deployment of API DLL's beyond the
development PC. No further fees shall be due to MathWorks
for such deployment outside of an Application, regardless
of whether the API DLL's are deployed solely for
Licensee's Internal Operations or to Third Parties.

6. OTHER SOURCE CODE AND SHARED OBJECT CODE LIBRARIES.

6.1. Programs may include selected Source Code and shared Object Code
library files that implement various documented application
programming interface capabilities of the Programs for which the
Source Code or shared library file is part.

6.1.1. Licensed User may use and modify the selected Source Code files
solely for creation of Licensee's own Applications. Licensee
may copy and distribute Object Code compiled from this Source
Code, but only as either standalone Object Code file
(regardless whether a Derivative Form) or Object Code Linked
to the Application, and only for use with and deployment of
Licensee's own Application.

6.1.2. Licensee may use, copy and distribute shared Object Code
library files (regardless whether a Derivative Form) for
deployment of Licensee's own Application, but only if a header
file exists in the Program for the shared library file.
Licensee may not copy or distribute header files themselves.

6.1.3. Licensee may not transfer Source Code, development rights, or
development capabilities for any Source Code or Object Code to
any Third Party.

6.2. MAT-files. Licensed User may create and distribute Applications
that read MAT-files using the MAT-file API, however, if such
Applications are distributed to Third Parties, they must also
implement MAT-file write capability.

7. DERIVATIVE FORMS. A Licensee shall only be permitted to distribute a
Derivative Form to Third Parties (a) to the extent expressly permitted
under Articles 5 or 6 of this Addendum, or (b) subject to the
requirements of this Article 7. A Licensee may only distribute a
Derivative Form to a Third Party under this Article 7 if such Third
Party is bound by a Software License Agreement with MathWorks that
requires such Third Party to treat such Derivative Forms received from
Licensee as such Third Party's own Derivative Form thereunder.
Licensee agrees that if such a Third Party provides Licensee with
software that is a Derivative Form under the terms of such Third
Party's Software License Agreement with MathWorks (or would otherwise
be a Derivative Form under the terms of this Agreement), then Licensee
shall treat such software as a Derivative Form hereunder as if
Licensee has modified or generated the software itself.

8. WEB APPLICATIONS. Only Programs licensed under the Network Concurrent
User or Designated Computer Installation Types may be called from
within a web Standalone Application, provided the web Standalone
Application does not provide access to the MATLAB command line, or any
of the licensed Programs with code generation capabilities. In
addition, Licensed Users may not provide access to an entire Program
or a substantial portion of a Program. Such operation of a Standalone
Application via a web interface may be provided to an unlimited number
of web browser clients, at no cost, for Licensee's own use for its
Internal Operations, and for use by Third Parties.

9. APPLICATION LICENSING. For any distribution of Applications containing
Object Code or Generated Forms to:

9.1. Licensee's internal organization: Licensee shall take appropriate
action by instruction, agreement, or otherwise with any recipients
of the Application, so as to enable Licensee to satisfy its
obligations under the terms of this Addendum and the Agreement.

9.2. Third Parties: Your Application shall be accompanied by an
Application License whose terms and conditions are at least as
restrictive as the Agreement, unless the Application is part of an
embedded system that has no provision for licensing to its end
users.

9.2.1. The Application license for Third Parties must explicitly
exclude MathWorks and its Licensors from all liability for
damages or any obligation to provide remedial actions.
9.2.2. In no circumstance shall Licensee include a warranty for any
form of a Program that is inconsistent with or additional to
the warranty contained in the Agreement.
9.2.3. The additional translation, use, and deployment rights granted
in this Addendum are nontransferable without MathWorks'
consent and shall not be conveyed in Licensee's Application
license.
9.2.4. All copyright and proprietary notices for the Programs that
appear in the original form delivered to Licensee shall be
duplicated and included with Licensee's own copyright notices
for the Application, wherever they appear.
9.2.5. Licensee may not remove any copyright, trademark, logo,
proprietary rights, disclaimer or warning notice included on
or embedded in any part of the deployed Application.

9.3. Notwithstanding the termination of the Agreement, all valid
Application licenses shall remain and continue in full force and
effect, and, if the Agreement was not terminated due to: (a)
Licensee's failure to pay the applicable fees to MathWorks, (b)
Licensee's violation of the License restrictions, or (c) violation
of MathWorks' proprietary rights in the Programs; then Licensee
may continue to use the Programs to support Applications that have
been placed in use pursuant to an Application License prior to the
effective date of termination.

10. DISCLAIMER OF OBLIGATIONS AND LIABILITY.

10.1. MathWorks shall have no support or warranty obligations, and
disclaims all liability, for Applications developed or
distributed by Licensee.

10.2. Licensee agrees that prior to using, incorporating, or
distributing the Programs in any Application, it will thoroughly
test and validate the Application and the functionality of the
Programs in that Application and be solely responsible for any
problems or failures.

10.3. Licensee will defend, indemnify, and hold harmless MathWorks and
its Licensors, officers, directors, employees, agents and
resellers from and against any damages, liabilities, costs and
expenses (including reasonable fees of MathWorks' attorneys)
arising out of any Third Party claim or demand based on or
arising from, out of or in connection with (i) the creation, use,
or distribution of any Applications or (ii) the use of the
Programs by Licensee.

11. GENERAL. Licensee acknowledges and agrees that a breach of the
obligations set forth in this Addendum shall be a material breach of
the Agreement.

September 2007
PN 20348

FIleMon SysInternals

2008-02-03T14:39:00.000-08:00

SYSINTERNALS SOFTWARE LICENSE TERMS
These license terms are an agreement between Sysinternals (a wholly owned subsidiary of Microsoft Corporation) and you. Please read them. They apply to the software you are downloading from Systinternals.com, which includes the media on which you received it, if any. The terms also apply to any Sysinternals
· 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. You may install and use any number of copies of the software on your devices.
2. Scope of License. The software is licensed, not sold. This agreement only gives you some rights to use the software. Sysinternals 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 binary versions of the software;
· reverse engineer, decompile or disassemble the binary versions of 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.
3. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
4. 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 .
5. SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it.
6. 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.
7. 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.
8. 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.
9. Disclaimer of Warranty. The software is licensed “as-is.” You bear the risk of using it. SYSINTERNALS 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, SYSINTERNALS excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
10. Limitation on and Exclusion of Remedies and Damages. You can recover from SYSINTERNALS 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 Sysinternals 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. Sysinternals n'accorde aucune autre garantie expresse. Vous pouvez bénéficier de droits additionnels en vertu du droit local sur la protection dues consommateurs, que ce contrat ne peut modifier. La ou elles sont permises par le droit locale, les garanties implicites de qualité marchande, d'adéquation 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 Sysinternals 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 :
· tout ce qui est relié au logiciel, aux services ou au contenu (y compris le code) figurant sur des sites Internet tiers ou dans des programmes tiers ; 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 Sysinternals 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.

F-Secure Client Security

2008-02-03T12:36:00.000-08:00

F-SECURE® LICENSE TERMS
IMPORTANT - BEFORE INSTALLING OR USING THE SOFTWARE, CAREFULLY READ THE FOLLOWING LEGAL TERMS (”TERMS”) FOR THE LICENSE OF F-SECURE SOFTWARE. BY SELECTING THE ACCEPTING OPTION BELOW, OR BY INSTALLING, COPYING OR USING THE ACCOMPANYING SOFTWARE YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) AGREE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THEM AND AGREE TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE TO ALL OF THE TERMS, SELECT THE REJECTING OPTION AND DO NOT INSTALL, USE OR COPY THE SOFTWARE.
These Terms cover any and all F-Secure programs licensed by you, including related documentation and any update and upgrade of the programs delivered to you under the purchased license or any related service agreement as defined in the documentation and any copy of these items (together the ”Software”).
COMMERCIAL LICENSE
Subject to the payment of the applicable license fees and subject to the following terms and conditions, you have been granted a non-exclusive, non-transferable right to use the specified Software. F-Secure reserves any and all rights not expressly granted to you.
You may:
A) Install and use the Software only on as many units (typically handheld devices, personal computers, servers or other hardware) as stated in the F-Secure License Certificate, applicable invoice, product packaging or agreement where these Terms have been appended. In case the Software or its services are shared through a network or the Software is used to protect traffic from viruses or other malicious code at web and e-mail servers, firewalls or gateways, you must have a license for either scanning capacity or for the total number of users whom the Software provides services to. In such cases you may install the Software on as many units as needed.
B) Create copies of the Software for installation and backup purposes only.
C) Extend the number of licenses by purchasing additional licenses.
You may not:
A) Install and use the Software against these Terms, the F-Secure License Certificate or other related documentation.
B) Distribute copies of the Software to a third party, electronically transfer the Software to a computer belonging to a third party, or permit a third party to copy the Software.
C) Modify, adapt, translate, rent, lease, resell, distribute or create derivative works based upon the Software and/or related files (including but not limited to virus definition databases, security news and descriptions) or any part thereof.
D) Decompile, reverse engineer, disassemble, or otherwise reduce the Software and/or related files (including but not limited to virus definition databases, security news and descriptions) to any human-perceivable form as the Software contains or may contain trade secrets of F-Secure.
E) Use the documentation for any purpose other than to support your use of the Software. Please contact F-Secure directly if you are interested in any other rights to the Software other than those granted in these Terms.
F) Disclose the license authorization code provided for the program installation (included but not limited to key code, subscription number and registration key) to any third party.
G) Use the Software or any portion thereof to implement any product or service to operate on or in connection with the Software for any other purpose than granted herein.
H) Use the Software to publish, distribute and/or obtain software or content (i) not specifically related to F-Secure products and/or services and (ii) not security-related (or any updates to any such software or content).
EVALUATION LICENSE
An Evaluation License is applicable when you download or install an evaluation version of the Software or you are granted a time limited, non-exclusive and non-transferable license by F-Secure or its resellers for evaluation purposes. The Software is licensed to you for the sole purpose of evaluating the Software and only for a specified evaluation period, which will begin on the date that the Software is first downloaded by or delivered to you. After the specified time period, you must either purchase the Software license from F-Secure or its reseller, or destroy and stop using the Software. If you purchase the Software before the expiration of the evaluation time and register the Software, you have a valid license and you do not need to destroy the Software. F-Secure shall have no obligation to provide support or maintenance services for Evaluation Licenses. For the avoidance of doubt, the Evaluation License is also subject to restrictions set out above as items A-H. F-Secure reserves any and all rights not expressly granted to you.
NON-COMMERCIAL LICENSE
A Non-Commercial License is applicable when you download or install a free version of a detection and/or removal tool made available to you by F-Secure or its reseller. Such Software is licensed to you only for a limited period as a non-exclusive, non-transferable license and is intended only as a supplementary tool (not for ongoing content security purposes). F-Secure reserves the right to discontinue the ability to use this type of Software at any time and is under no obligation to provide support or maintenance services for Non-Commercial Licenses. For the avoidance of doubt, the Non-Commercial License is also subject to restrictions set out above as items A-H. F-Secure reserves any and all rights not expressly granted to you.
TITLE
Title, ownership rights, and intellectual property rights in the Software shall remain those of F-Secure, and/or its suppliers. The Software is protected by copyright laws and international copyright and other intellectual property treaties.
LIMITED WARRANTY AND DISCLAIMERS
Limited Warranty on Media. F-Secure warrants the physical media produced by F-Secure on which the Software is recorded to be free from defect in material and workmanship under normal use for 30 days from the date of delivery. F-Secure does not give any warranties on media in case the Software is delivered bundled in a third party device.. Any implied warranties on the media, including implied warranties of merchantability and fitness for a particular purpose, are limited in duration to 30 days from the date of delivery. F-Secure will, at its option, replace the media or refund the purchase price of the media. F-Secure shall have no responsibility to replace or refund the purchase price of media, which is damaged by accident, abuse, or misapplication.
Disclaimer of Warranty on Software. THE SOFTWARE IS PROVIDED ”AS IS”, WITHOUT WARRANTY OF ANY KIND. F-SECURE, ITS LICENSEES AND DISTRIBUTORS EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. F-Secure, its licensees and distributors do not guarantee the Software or related documentation in terms of their correctness, accuracy, reliability, or otherwise. You assume the entire risk as to the results and performance of the Software and related documentation.
Complete Statement of Warranty. The limited warranties provided in the preceding paragraphs are the only warranties of any kind that are made by F-Secure on the Software. No oral or written information or advice given by F-Secure, its dealers, distributors, agents, or employees shall create a warranty or in any way increase the scope of the foregoing limited warranty, and you may not rely on any such information or advice. Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you, and you may have other rights, which may vary from state to state.
Limitation of Liability. IN NO EVENT SHALL F-SECURE, ITS LICENSEES, ITS DISTRIBUTORS OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF F-SECURE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages so the above limitation or exclusion may not apply to you. F-SECURE, ITS LICENSEES, DISTRIBUTORS AND SUPPLIERS SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES ARISING FROM PERFORMANCE OR NON-PERFORMANCE OF THE SOFTWARE. OUR MAXIMUM LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE. Nothing contained in these License Terms shall prejudice the statutory rights of any party dealing as a consumer. F-Secure is acting on behalf of its employees, licensees, distributors and licensors or subsidiaries for the purpose of disclaiming, excluding, and/or restricting obligations, warranties, and liability as provided in this clause, but in no other respects and for no other purpose.
EXPORT RESTRICTIONS (EXCLUSIVELY FOR CRYPTOGRAPHIC SOFTWARE)
1. If the Software is shipped or otherwise distributed to you from the United States of America: You acknowledge that the Software and the maintenance and support services including without limitation technical services and technical data (e.g., manuals, blueprints, plans, diagrams, models, formulae, tables, engineering designs and specifications and instructions written or recorded) and any other such technical services and technical data (”the Services”) are of U.S. origin for purposes of U.S. export control laws, regulations, administrative acts or Executive Orders, and any amendments thereof, including without limitation the Export Administration Act of 1979, as amended (the "Act"), and the regulations promulgated thereunder (the "U.S. Export Control Laws"). You agree to comply with all applicable U.S. Export Control Laws and any applicable international laws and regulations that apply to the Software and to the Services, including without limitation the Act as well as end-user, end-use and destination restrictions issued by the U.S. and other governments.
2. If the Software is shipped or otherwise distributed to you from a country other than the United States of America: You agree to comply with the local regulations regarding exporting and/or using cryptographic software.
In all cases, F-Secure will not be liable for the illegal export and/or use of its cryptographic software by you.
U.S. GOVERNMENT RIGHTS
If the Software is licensed for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government") pursuant to solicitations issued on or after December 1, 1995, the Software is provided with the commercial rights and restrictions described elsewhere herein. If the Software is licensed for or on behalf of the U.S. Government pursuant to solicitations issued prior to December 1, 1995, the Software is provided with RESTRICTED RIGHTS as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
HIGH RISK ACTIVITIES
The Software is not fault-tolerant unless expressly stated in product documentation and is not designed, manufactured or intended for use or resale as control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). F-Secure and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.
GRANT TO USE
You agree and acknowledge that the Software may send information related to the use of the Software by you and the findings of such use to F-Secure via Internet in obfuscated/encrypted form. You grant F-Secure the right to use and display statistical security information, other security related content or material in a non-personally identifiable form and license/device information submitted by the Software, or by you through the Software, to F-Secure for customer registry, security research and solution development purposes.
GENERAL
The license will terminate immediately without notice if you are in breach of any of its terms and conditions. You shall not be entitled to a refund from F-Secure or any of its resellers as a result of termination. The terms and conditions concerning confidentiality and restrictions on use shall continue in force even after any termination.
F-Secure may revise these Terms at any time and the revised terms shall automatically apply to the corresponding versions of the Software distributed with the revised terms. If any part of these Terms is found void and unenforceable, it will not affect the validity of rest of the Terms, which shall remain valid and enforceable according to its terms. In case of controversy or inconsistency between translations of these Terms to other languages, the English version issued by F-Secure shall prevail.
These Terms shall be governed under the Laws of Finland without regard to conflict of laws rules and principles and without regard to the United Nations Convention of Contracts for the International Sales of Goods. The courts of Finland shall have the exclusive jurisdiction and venue to adjudicate any dispute arising out of these Terms. Notwithstanding the foregoing, in the case of purchases made within or on behalf of licensees residing within or operating under the laws of the United States the governing law of these Terms shall be the laws of the State of California without regard to conflict of laws rules and principles and without regard to the United Nations Convention of Contracts for the International Sales of Goods. The exclusive jurisdiction and venue to adjudicate any dispute arising out of these License Terms shall be of the federal and state courts of California.
If you have any questions concerning these Terms, or you would like to contact F-Secure for any other reason, please write: F-Secure Corporation, PL24, FI-00181 Helsinki, Finland, fax: +358 9 2520 5001, e-mail: helsinki@f-secure.com or call: +358 9 2520 0700
August 2006, F-Secure Corporation

License MICROSOFT OFFICE ACCOUNTING EXPRESS 2008 (U.K)

2008-02-03T11:11:00.001-08:00

MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT OFFICE ACCOUNTING EXPRESS 2008 (UNITED KINGDOM VERSION)
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. Instead, return it to the retailer for a refund or credit. If you cannot obtain a refund there, contact Microsoft or the Microsoft affiliate serving your country for information about Microsoft’s refund policies. See www.microsoft.com/worldwide. In the United States and Canada, call (800) MICROSOFT or see www.microsoft.com/info/nareturns.htm .
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 for each license you acquire.
1. OVERVIEW.
a. Software. The software includes desktop application software.
b. License Model. The software is licensed on a per copy per device basis.
2. INSTALLATION AND USE RIGHTS.
a. Licensed Device. The licensed device is the device on which you use the software. You may install and use one copy of the software on the licensed device.
b. Portable Device. You may install another copy on a portable device for use by the single primary user of the licensed device.
c. Included Microsoft Programs. The software contains other Microsoft programs. The license terms with those programs apply to your use of them.
3. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.
a. Remote Access. You may access and use the software remotely from another device as described below.
· Primary user. The single primary user of the device hosting the remote desktop session may access and use the software remotely from any other device. No other person may use the software under the same license at the same time except to provide support services.
· Non-primary users. Any user may access and use the software remotely from a separately licensed device.
· Remote assistance. You may allow other devices to access the software to provide you with support services. You do not need additional licenses for this access.
b. Media Elements and Templates. You may copy and use images, clip art, animations, sounds, music, shapes, video clips and templates provided with the software and identified for such use in documents and projects that you create. You may distribute those documents and projects non-commercially. If you wish to use these media elements or templates for any other purpose, go to www.microsoft.com/permission to learn whether that use is allowed.
c. Multiplexing. Hardware or software you use to
· pool connections,
· reroute information, or
· reduce the number of devices or users that directly access or use the software
(sometimes referred to as “multiplexing” or “pooling”), does not reduce the number of licenses of any type that you need.
d. Additional Functionality. Microsoft may provide additional functionality for the software. Other license terms and fees may apply.
4. MANDATORY ACTIVATION. Activation associates the use of the software with a specific device. During activation, the software will send information about the software and the device to Microsoft. This information includes the version, the license version, language and the product ID of the software, Internet protocol address of the device and information derived from the hardware configuration. For more information, see www.microsoft.com/piracy/activation.mspx . BY USING THE SOFTWARE, YOU CONSENT TO THE TRANSMISSION OF THIS INFORMATION. After the time recommended for activation expires, your rights to use the software will be limited until the software is activated. This is to prevent its unlicensed use. You can activate the software by Internet; Internet 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.
5. 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. For more information about this feature, see . By using this feature, you consent to the transmission of this information. Microsoft does not use the information to identify or contact you.
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.
· Web Content Features. Features in the software can retrieve related content from Microsoft and provide it to you. To provide the content, these features send to Microsoft the type of operating system, name and version of the software you are using, type of browser and language code of the device where you installed the software. Examples of these features are clip art, templates, online training, online assistance and Appshelp. You may choose not to use these web content features.
· Digital Certificates. The software uses digital certificates. These digital certificates confirm the identity of Internet users sending X.509 standard encrypted information. The software retrieves certificates and updates certificate revocation lists. These security features operate only when you use the Internet.
b. Adverting. This software may display advertisements and promotions that are delivered to you through the Internet. The manner or extent of the advertising may change from time to time. Microsoft may collect information related to your use of the software in order to provide you with more relevant content in advertisements and promotions. More information about this feature can be found in the software’s privacy statement at . Microsoft is not responsible for loss or damage you may incur as a result of the presence of the advertisements or your dealings with the advertisers.
6. .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 the .NET Framework software.
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. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software.
9. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
10. NOT FOR RESALE SOFTWARE. You may not sell software marked as “NFR” or “Not for Resale.”
11. ACADEMIC EDITION SOFTWARE. You must be a “Qualified Educational User” to use software marked as “Academic Edition” or “AE.” If you do not know whether you are a Qualified Educational User, visit www.microsoft.com/education or contact the Microsoft affiliate serving your country.
12. PROOF OF LICENSE. If you acquired the software on a disc or other media, a genuine Microsoft Proof of License label with a genuine copy of the software identifies licensed software. To be valid, this label must appear on Microsoft packaging. If you receive the label separately, it is invalid. You should keep the packaging that has the label on it to prove that you are licensed to use the software. To identify genuine Microsoft software, see www.howtotell.com .
13. 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.
14. TRANSFER TO A THIRD PARTY. 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 transfer must include the software and the Proof of License label. The first user must uninstall the software before transferring it separately from the device. The first user may not retain any copies.
15. 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.
16. SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it..
17. ENTIRE AGREEMENT. This agreement (including the warranty below), 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.
18. APPLICABLE LAW. This Agreement is subject to English law and to the non-exclusive jurisdiction of the English courts.
19. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your state or 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 state or country if the laws of your state or country do not permit it to do so.
20. 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.
21. 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.