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author | Donnie Berkholz <spyderous@gentoo.org> | 2003-10-29 05:09:07 +0000 |
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committer | Donnie Berkholz <spyderous@gentoo.org> | 2003-10-29 05:09:07 +0000 |
commit | 12262c40b8eaf7e28090b0da64b2787169ea86bf (patch) | |
tree | 817b3a197437d12135f4ffae433a86fd3550d4fd /licenses/Smart-Link | |
parent | New BIND version (diff) | |
download | gentoo-2-12262c40b8eaf7e28090b0da64b2787169ea86bf.tar.gz gentoo-2-12262c40b8eaf7e28090b0da64b2787169ea86bf.tar.bz2 gentoo-2-12262c40b8eaf7e28090b0da64b2787169ea86bf.zip |
Smart Link license for net-dialup/slmodem.
Diffstat (limited to 'licenses/Smart-Link')
-rw-r--r-- | licenses/Smart-Link | 124 |
1 files changed, 124 insertions, 0 deletions
diff --git a/licenses/Smart-Link b/licenses/Smart-Link new file mode 100644 index 000000000000..695ca39cb941 --- /dev/null +++ b/licenses/Smart-Link @@ -0,0 +1,124 @@ +SMART LINK, LTD. + +TERMS AND CONDITIONS FOR END USERS DOWNLOADING DRIVERS FROM THE SMART LINK WEBSI +TE + +You MUST read the following terms and conditions of sale before you download any + Software (as defined below) from the Smart Link ("Smart Link") website in order + to upgrade your existing Product (as defined below). These terms and conditions + constitute an agreement (the "Agreement") between Smart Link and end users ( "B +uyer"). + +1. ACCEPTANCE: You must confirm you have read and agreed to these terms and cond +itions before you download the Product. BY CLICKING ON THE "YES" BUTTON, YOU ARE + CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO + NOT AGREE TO ALL THE TERMS OF THIS AGREEMENT, CLICK THE "NO" BUTTON. + +2. PRODUCT: Smart Link's product herein, (the "Product") as specified on Smart L +ink's website www.smlink.com comprises Smart Link's software drivers (the "Softw +are") which are available for download by the Buyer. There is a US version of th +e Software and an International version of the Software. + +3. LICENSE: Smart Link hereby grants to Buyer a nonexclusive, nontransferable li +cense to download the Software from Smart Link's website, free of charge, for th +e sole purpose of upgrading the Buyer's existing Product. The Software may only +be used by the Buyer to upgrade the Buyer's existing version of the Product and +may not be used with any other product not provided by Smart Link. This license +shall not include the right to otherwise sell or sub-license the Software. + +4 TERRITORIAL RESTRICTION ON LICENSE: Buyer shall use the International version +of the Software solely in jurisdictions outside of the United States of America. + Buyer agrees not to use the International version of the Software in the United + States of America. + +5. SOFTWARE TERMS: + +Title to the Software: Buyer acknowledges that Smart Link is the owner of all ri +ghts, title, and interest, including all trademarks, copyrights to all of the do +cumentation and computer-recorded data comprising or included in the Software, d +ocumentation and source code relating thereto. Notwithstanding anything herein t +o the contrary, this Agreement does not grant Buyer, or any of its sub-licensees + any title or rights of ownership in the Software. + +Restrictions: BUYER MAY NOT REVERSE ENGINEER, DECOMPILE, DISASSEMBLE OR OTHERWIS +E REDUCE THE SOFTWARE TO ANY HUMAN OR MACHINE PERCEIVABLE FORM. BUYER MAY NOT MO +DIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN OR CREATE DERIVATIVE WORKS BASED UPON +THE SOFTWARE OR ANY PART THEREOF. + +Compliance: There is a US version and non-US version of the Software, if the Buy +er uses the US version of the Software the Buyer agrees to use the US version of + the Software in compliance with the Federal Communication Commission Regulation +s. + +Intellectual Property Notices: Buyer agrees that all copyright and other proprie +tary notices which are embedded in the Software, or set forth in accompanying do +cumentation, delivered to Buyer hereunder shall remain as embedded, in the same +manner as embedded by Smart Link, in each copy of the Software and/or documentat +ion. + +6. DISCLAIMER: + +SMART LINK IS PROVIDING THE SOFTWARE ON AN "AS IS" BASIS AND MAKES NO REPRESENTA +TIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO TH +E SOFTWARE, INCLUDING, WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABIL +ITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGMENT. SMART LINK DOES NO +T WARRANT THAT THE OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE +OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPON +ENTS. IT IS THE BUYER'S SOLE RESPONSIBILITY TO EXECUTE ANTI-CONTAMINATION SOFTWA +RE AND OTHERWISE TAKE STEPS TO ENSURE THAT THE SOFTWARE IF CONTAMINATED OR INFEC +TED, WILL NOT DAMAGE THE PRODUCT OR THE BUYERS SYSTEM. + +7. LIMITATION OF REMEDIES AND DAMAGES: Buyer's sole remedies and Smart Link's en +tire liability are as set forth above. In no event shall Smart Link or any of th +e licensors, directors, officers, employees or affiliates of the foregoing be li +able to Buyer for any direct, indirect, consequential, incidental, special or si +milar damages whatsoever (including, without limitation, damages for loss of bus +iness profits, business interruption, loss of business information and the like) +, whether foreseeable or unforeseeable, arising out of the use or inability to u +se the Software, regardless of the basis of the claim and even if Smart Link or +a Smart Link representative has been advised of the possibility of such damage. +SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL OR CO +NSEQUENTIAL DAMAGES FOR CONSUMER PRODUCTS, SO THE ABOVE LIMITATIONS OR EXCLUSION +S MAY NOT APPLY TO BUYER. + +8. SOFTWARE CHANGES: Smart Link shall have the right, in its sole discretion, wi +thout liability to Buyer, to (a) change the design, or discontinue developing, p +roducing, licensing or distributing any Software covered by this Agreement, and +(b) announce new Software to which the terms and conditions of this Agreement do + not apply. + +9. U.S. GOVERNMENT END USERS: This provision applies to all Software acquired di +rectly or indirectly by or on behalf of the United States Government. The Softwa +re is a "commercial item," as that term is defined at 48 C.F.R. 2.101 (OCT 1995) +, consisting, in part, of "commercial computer software" and "commercial compute +r documentation," as such terms are used in 48 C.F.R. 12.212 (SEPT 1995). Consis +tent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (JUNE 199 +5), In the event that Buyer receives a request from any agency of the U.S. Gover +nment to provide the Software with rights beyond those set forth above, Buyer wi +ll notify Smart Link of the scope of rights requested and the agency making such + request and Smart Link will have ten (10) business days to, in its sole discret +ion, accept or reject such request; provided, that Smart Link's failure to respo +nd during such time period shall be deemed a rejection. + +10. GENERAL: These terms and conditions shall constitute the final, complete and + exclusive agreement of the parties with respect to all downloads of the Sofware + by Buyer and shall supersede all prior offers, negotiations, understandings and + agreements. It is expressly agreed that no prior or contemporaneous agreement o +r understanding, whether written or oral, shall contradict, modify, supplement o +r explain the terms and conditions contained herein. No additional or different +terms or conditions, whether material or immaterial, shall become a part of any +agreement unless expressly accepted in writing by an authorized officer of Smart + Link. Any waiver by Smart Link of one or more of these terms and conditions or +any defaults hereunder shall not constitute a waiver of the remaining terms and +conditions or of any future defaults hereunder. No failure or delay by either pa +rty in exercising or enforcing any right hereunder shall operate as a waiver the +reof or preclude any other exercise or enforcement of rights hereunder. Any prov +ision of these terms and conditions that is prohibited or unenforceable under ap +plicable law shall be ineffective to the extent of such prohibition or unenforce +ability, without impairing or invalidating the remaining provisions of these ter +ms and conditions. The terms and performance of this Agreement shall be governed + by the laws of the State of Israel. The venue for any disputes arising out of a +ny sales agreement shall be, at Smart Link's sole and exclusive option, Tel-Aviv +, Israel or the courts with proper jurisdiction at Buyer's location. + +Smart Link, Ltd. |