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author | 2011-11-27 01:32:46 +0400 | |
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committer | 2011-11-27 01:32:46 +0400 | |
commit | 301dde8243307d3c8be875541ea05172a41108be (patch) | |
tree | 2c0f519ca85658a01f62534715d05af268a17e46 /licenses | |
parent | Moved to betagarden (diff) | |
download | alexxy-301dde8243307d3c8be875541ea05172a41108be.tar.gz alexxy-301dde8243307d3c8be875541ea05172a41108be.tar.bz2 alexxy-301dde8243307d3c8be875541ea05172a41108be.zip |
Moved to betagarden
Signed-off-by: Alexey Shvetsov <alexxy@gentoo.org>
Diffstat (limited to 'licenses')
-rw-r--r-- | licenses/Nokia-EULA | 255 | ||||
-rw-r--r-- | licenses/UPEK_EULA | 215 |
2 files changed, 0 insertions, 470 deletions
diff --git a/licenses/Nokia-EULA b/licenses/Nokia-EULA deleted file mode 100644 index cecfcaf..0000000 --- a/licenses/Nokia-EULA +++ /dev/null @@ -1,255 +0,0 @@ -THIS LICENSE COVERS THE FOLLOWING COMPONENTS
-
-Maemo Flasher tool
-
-IMPORTANT: READ CAREFULLY BEFORE INSTALLING, DOWNLOADING, OR USING
-THE SOFTWARE
-
-This Software includes some software copyrighted by Nokia Corporation or
-third parties and some Open Source Software in binary form.
-
-The Software copyrighted by Nokia or some third parties is licensed to you
-under the Nokia End-User License Agreement [see below] and distributed to
-you only in binary form.
-
-The Open Source Software is licensed and distributed under GNU General
-Public License (GPL, the GNU lesser General Public License (LGPL, aka. The GNU
-Library General Public License) and/or other copyright licenses, permissions,
-notices or disclaimers containing obligation or permission to provide the
-source code of such software with the binary / executable form delivery of
-the said software. The source code of such software are made available to
-you in accordance with the referred license terms and conditions on this
-page http://www.maemo.org. The exact license terms of GPL, LGPL and said
-certain other licenses, as well as the required copyright and other notices,
-permissions and acknowledgements are reproduced in and delivered to you as
-part of the referred source code.
-
-
-NOKIA CORPORATION END-USER SOFTWARE AGREEMENT
-
-This Software Agreement ("Agreement") is between You (either an
-individual or an entity), the End User, and Nokia Corporation ("Nokia").
-The Agreement authorizes You to use the Software specified in Clause 1
-below, which may be stored on a CD-ROM, sent to You by electronic mail,
-or downloaded from Nokia's Web pages or Servers or from other sources
-under the terms and conditions set forth below. This is an agreement on
-end-user rights and not an agreement for sale. Nokia continues to own
-the copy of the Software and the physical media contained in the sales
-package and any other copy that You are authorized to make pursuant to
-this Agreement.
-
-Read this Agreement carefully before installing, downloading, or using
-the Software. By clicking on the "I Accept" button while installing,
-downloading, and/or using the Software, You agree to the terms and
-conditions of this Agreement. If You do not agree to all of the
-terms and conditions of this Agreement, promptly click the "Decline"
-or "I Do Not Accept" button, cancel the installation or downloading,
-or destroy or return the Software and accompanying documentation to
-Nokia. YOU AGREE THAT YOUR USE OF THE SOFTWARE ACKNOWLEDGES THAT YOU
-HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS
-TERMS AND CONDITIONS.
-
-1. SOFTWARE.
-
-As used in this Agreement, the term "Software" means, collectively:
-(i) the software product identified above (ii) all the contents of the
-disk(s), CD-ROM(s), electronic mail and its file attachments, or other
-media with which this Agreement is provided, including the object code
-form of the software delivered via a CD-ROM, electronic mail, or Web page
-(iii) digital images, stock photographs, clip art, or other artistic
-works ("Stock Files") (iv) related explanatory written materials and
-any other possible documentation related thereto ("Documentation");
-(v) fonts, and (vi) upgrades, modified versions, updates, additions,
-and copies of the Software (collectively "Updates"), if any, licensed
-to You by Nokia under this Agreement.
-
-2. END-USER RIGHTS AND USE.
-
-Nokia grants to You non-exclusive, non-transferable end-user rights
-to install the Software on the local hard disk(s) or other permanent
-storage media of one computer and use the Software on a single computer
-or terminal at a time.
-
-3. LIMITATIONS ON END-USER RIGHTS.
-
-You may not copy, distribute, or make derivative works of the Software
-except as follows:
-
-(a) You may make one copy of the Software on magnetic media as an archival
-backup copy, provided Your archival backup copy is not installed or
-used on any computer. Any other copies You make of the Software are in
-violation of this Agreement.
-
-(b) You may not use, modify, translate, reproduce, or transfer the right
-to use the Software or copy the Software except as expressly provided
-in this Agreement.
-
-(c) You may not resell, sublicense, rent, lease, or lend the Software.
-
-(d) You may not reverse engineer, reverse compile, disassemble, or
-otherwise attempt to discover the source code of the Software (except
-to the extent that this restriction is expressly prohibited by law)
-or create derivative works based on the Software.
-
-(e) Unless stated otherwise in the Documentation, You shall not display,
-modify, reproduce, or distribute any of the Stock Files included with the
-Software. In the event that the Documentation allows You to display the
-Stock Files, You shall not distribute the Stock Files on a stand-alone
-basis, i.e., in circumstances in which the Stock Files constitute the
-primary value of the product being distributed. You should review the
-"Readme" files associated with the Stock Files that You use to ascertain
-what rights You have with respect to such materials. Stock Files may
-not be used in the production of libelous, defamatory, fraudulent,
-infringing, lewd, obscene, or pornographic material or in any otherwise
-illegal manner. You may not register or claim any rights in the Stock
-Files or derivative works thereof.
-
-(f) You agree that You shall only use the Software in a manner that
-complies with all applicable laws in the jurisdiction in which You use
-the Software, including, but not limited to, applicable restrictions
-concerning copyright and other intellectual property rights.
-
-4. COPYRIGHT.
-
-The Software and all rights, without limitation including proprietary
-rights therein, are owned by Nokia and/or its licensors and affiliates and
-are protected by international treaty provisions and all other applicable
-national laws of the country in which it is being used. The structure,
-organization, and code of the Software are the valuable trade secrets and
-confidential information of Nokia and/or its licensors and affiliates. You
-must not copy the Software, except as set forth in clause 3 (Limitations
-On End-User Rights). Any copies which You are permitted to make pursuant
-to this Agreement must contain the same copyright and other proprietary
-notices that appear on the Software.
-
-5. MULTIPLE ENVIRONMENT SOFTWARE / MULTIPLE LANGUAGE SOFTWARE / DUAL
-MEDIA SOFTWARE / MULTIPLE COPIES / UPDATES.
-
-If the Software supports multiple platforms or languages, if You receive
-the Software on multiple media, or if You otherwise receive multiple
-copies of the Software, the number of computers on which all versions
-of the Software are installed shall be one computer. You may not rent,
-lease, sublicense, lend, or transfer versions or copies of the Software
-You do not use. If the Software is an Update to a previous version of
-the Software, You must possess valid end-user rights to such a previous
-version in order to use the Update, and You may use the previous version
-for ninety (90) days after You receive the Update in order to assist
-You in the transition to the Update. After such time You no longer have
-a right to use the previous version, except for the sole purpose of
-enabling You to install the Update.
-
-6. COMMENCEMENT & TERMINATION.
-
-This Agreement is effective from the first date You install the
-Software. You may terminate this Agreement at any time by permanently
-deleting, destroying, and returning, at Your own costs, the Software, all
-backup copies, and all related materials provided by Nokia. Your end-user
-rights automatically and immediately terminate without notice from Nokia
-if You fail to comply with any provision of this Agreement. In such an
-event, You must immediately delete, destroy, or return at Your own cost,
-the Software, all backup copies, and all related material to Nokia.
-
-7. YOU ACKNOWLEDGE THAT THE SOFTWARE IS PROVIDED "AS IS" WITHOUT
-WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND TO THE MAXIMUM EXTENT
-PERMITTED BY APPLICABLE LAW NEITHER NOKIA, ITS LICENSORS OR AFFILIATES,
-NOR THE COPYRIGHT HOLDERS MAKE ANY REPRESENTATIONS OR WARRANTIES,
-EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
-MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE SOFTWARE
-WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS, OR
-OTHER RIGHTS. THERE IS NO WARRANTY BY NOKIA OR BY ANY OTHER PARTY THAT
-THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR
-THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE.
-YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE SELECTION OF THE SOFTWARE
-TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE INSTALLATION, USE, AND
-RESULTS OBTAINED FROM IT.
-
-8. NO OTHER OBLIGATIONS.
-
-This Agreement creates no obligations on the part of Nokia other than
-as specifically set forth herein.
-
-9. LIMITATION OF LIABILITY.
-
-TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
-NOKIA, ITS EMPLOYEES OR LICENSORS OR AFFILIATES BE LIABLE FOR ANY LOST
-PROFITS, REVENUE, SALES, DATA, OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS
-OR SERVICES, PROPERTY DAMAGE, PERSONAL INJURY, INTERRUPTION OF BUSINESS,
-LOSS OF BUSINESS INFORMATION, OR FOR ANY SPECIAL, DIRECT, INDIRECT,
-INCIDENTAL, ECONOMIC, COVER, PUNITIVE, SPECIAL, OR CONSEQUENTIAL
-DAMAGES, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, TORT,
-NEGLIGENCE, OR OTHER THEORY OF LIABILITY ARISING OUT OF THE USE OF
-OR INABILITY TO USE THE SOFTWARE, EVEN IF NOKIA OR ITS LICENSORS OR
-AFFILIATES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE
-SOME COUNTRIES/STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
-LIABILITY, BUT MAY ALLOW LIABILITY TO BE LIMITED, IN SUCH CASES, NOKIA,
-ITS EMPLOYEES OR LICENSORS OR AFFILIATES' LIABILITY SHALL BE LIMITED
-TO U.S. $50. Nothing contained in this Agreement shall prejudice the
-statutory rights of any party dealing as a consumer. Nothing contained
-in this Agreement limits Nokia's liability to You in the event of death
-or personal injury resulting from Nokia's negligence. Nokia is acting
-on behalf of its employees and licensors or affiliates for the purpose
-of disclaiming, excluding, and/or restricting obligations, warranties,
-and liability as provided in this clause 9, but in no other respects
-and for no other purpose.
-
-10. TECHNICAL SUPPORT.
-
-Nokia has no obligation to furnish You with technical support unless
-separately agreed in writing between You and Nokia.
-
-11. EXPORT CONTROL.
-
-The Software, including technical data, includes cryptographic software
-subject to export controls under the U.S. Export Administration
-Regulations ("EAR") and may be subject to import or export controls in
-other countries. The EAR prohibits the use of the Software and technical
-data by a Government End User, as defined hereafter, without a license
-from the U.S. government. A Government End User is defined in Part
-772 of the EAR as "any foreign central, regional, or local government
-department, agency, or other entity performing governmental functions;
-including governmental research institutions, governmental corporations,
-or their separate business units (as defined in part 772 of the EAR)
-which are engaged in the manufacture or distribution of items or
-services controlled on the Wassenaar Munitions List, and international
-governmental organizations. This term does not include: utilities
-(telecommunications companies and Internet service providers; banks
-and financial institutions; transportation; broadcast or entertainment;
-educational organizations; civil health and medical organizations; retail
-or wholesale firms; and manufacturing or industrial entities not engaged
-in the manufacture or distribution of items or services controlled on
-the Wassenaar Munitions List.)" You agree to strictly comply with all
-applicable import and export regulations and acknowledge that You have
-the responsibility to obtain licenses to export, re-export, transfer, or
-import the Software. You further represent that You are not a Government
-End User as defined above, and You will not transfer the Software to
-any Government End User without a license.
-
-12. NOTICES.
-
-All notices and return of the Software and Documentation should be
-delivered to:
-
-NOKIA CORPORATION
-P.O. Box 100
-FIN-00045
-NOKIA GROUP FINLAND
-
-13. APPLICABLE LAW & GENERAL PROVISIONS.
-
-This Agreement is governed by the laws of Finland. All disputes
-arising from or relating to this Agreement shall be settled by a single
-arbitrator appointed by the Central Chamber of Commerce of Finland. The
-arbitration procedure shall take place in Helsinki, Finland in the English
-language. If any part of this Agreement is found void and unenforceable,
-it will not affect the validity of the balance of the Agreement, which
-shall remain valid and enforceable according to its terms. This Agreement
-may only be modified in writing by an authorized officer of Nokia.
-
-This is the entire agreement between Nokia and You relating to the
-Software, and it supersedes any prior representations, discussions,
-undertakings, end-user agreements, communications, or advertising relating
-to the Software.
-
-PLEASE SUBMIT ANY ACCOMPANYING REGISTRATION FORMS TO RECEIVE REGISTRATION
-BENEFITS WHERE APPLICABLE
-
diff --git a/licenses/UPEK_EULA b/licenses/UPEK_EULA deleted file mode 100644 index d6a5891..0000000 --- a/licenses/UPEK_EULA +++ /dev/null @@ -1,215 +0,0 @@ -END-USER LICENSE AGREEMENT -for -UPEK, INC. SDK SOFTWARE PRODUCTS -IMPORTANT, PLEASE READ CAREFULLY -YOU MAY NOT INSTALL OR USE THIS UPEK SOFTWARE PRODUCT UNLESS YOU HAVE -CAREFULLY READ THE TERMS AND CONDITIONS SET FORTH BELOW AND INDICATE -YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS BY CLICKING ON THE “I -ACCEPT” BUTTON AT THE END OF THIS SCREEN. -This End-User License Agreement (“EULA”) represents the understanding between UPEK, Inc. and its -successors and assigns (“UPEK”) and you (either an individual person or a single legal entity, referred to in -this EULA as “You” or “Your”) and governs the use of the UPEK software product that accompanies this -EULA, including any associated media, printed materials and electronic documentation (the “Software -Product”), except to the extent a particular program is the subject of a separate written agreement with -UPEK. The Software Product may also include any software updates, add-on components, stencils, -templates, shapes, symbols, web services and/or supplements that UPEK may provide to You or make -available to You, or that You obtain from the use of features or functionality of the Software Product, after -the date You obtain Your initial copy of the Software Product (whether by delivery of a CD, permitted -downloading from the Internet or a dedicated web site, or otherwise), to the extent that such items are not -accompanied by a separate license agreement or terms of use. -BY INSTALLING OR USING THE SOFTWARE PRODUCT, YOU ARE CONSENTING TO BE -BOUND BY THIS EULA. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND -CONDITIONS OF THIS EULA, THEN (A) DO NOT INSTALL OR USE THE SOFTWARE -PRODUCT, AND (B) YOU MAY RETURN THE SOFTWARE PRODUCT TO THE PERSON -WHO PROVIDED IT TO YOU FOR A FULL REFUND. Should You have any questions concerning -this EULA, or if You desire to contact UPEK for any reason, please contact the UPEK subsidiary serving -Your country/region. -1. GRANT OF LICENSE. Subject to the terms and conditions of this EULA and Your payment of all -applicable fees for the Software Product, UPEK and its suppliers hereby grant to You, and You hereby -accept a nonexclusive license to install and use copies of the Software Product, on a device, workstation, -terminal, PC peripheral or other digital, electronic or analog device embedding a UPEK fingerprint sensor -(a “UPEK-Enabled Device”), for the purpose of designing, creating testing, and distributing Your software -product(s). If this Software Product contains documentation that is provided only in electronic form, You -may print one copy of such electronic documentation; provided, however, that You may not copy the -printed materials accompanying the Software Product. -2. ADDITIONAL LICENSE RIGHTS – REDISTRIBUTABLE CODE. In addition to the rights granted in -section 1, certain portions of the product are redistributable by You as part of Your copyrighted software -application. These additional license rights are conditioned upon your compliance with the distribution -requirements and license restrictions described in Section 3. -2.1 Sample Code. UPEK grants you the right to use and modify the source code version of those portions -of the Product identified as "Samples" in REDISTRIBUTABLES.TXT or elsewhere in the Product -("Sample Code") for the sole purposes of designing, developing, testing and distributing your software -product(s), and to reproduce and distribute the Sample Code, along with any modifications thereof, in -object and/or source code form. For applicable redistribution requirements for Sample Code, see -Section 3.1 below. -2.2 Redistributable Object-Code. UPEK grants you a nonexclusive right to reproduce and distribute the -object code of any portion of the Product listed in REDISTRIBUTABLES.TXT ("Redistributable Code"). -For applicable redistribution requirements for Redistributable Code, see Section 3.1, below. - -MP1:942657.3 - -3. LICENSE RESTRICTIONS -- DISTRIBUTION REQUIREMENTS. If you choose to exercise your -rights under Section 2, any redistribution by you requires compliance with the following terms, as -appropriate. -3.1 Redistributable Code-Standard. -(a) If you are authorized and choose to redistribute Sample Code and/or Redistributable Object-Code, as -described in Section 2, you agree: (i) except as otherwise noted in Section 2.1 (Sample Code), to distribute -the Redistributables only in object code form and in conjunction with and as a part of a copyrighted -software application product developed by you that adds significant and primary functionality to the -Redistributables ("Licensed Product"); (ii) to display your own valid copyright notice which shall be -sufficient to protect UPEK’s copyright in the Product; (iii) not to remove or obscure any copyright, -trademark or patent notices that appear on the Product as delivered to you; (iv) to indemnify, hold harmless, -and defend UPEK from and against any claims or lawsuits, including attorney's fees, that arise or result -from the use or distribution of the Licensed Product; (v) otherwise comply with the terms of this EULA; -and (vi) agree that UPEK reserves all rights not expressly granted. -(b) You also agree not to permit further distribution of the Redistributables by your end users except: (1) -you may permit further redistribution of the Redistributables by your distributors to your end-user -customers if your distributors only distribute the Redistributables in conjunction with, and as part of, the -Licensed Product and You and Your distributors comply with all other terms of this EULA. -4. RESERVATION OF RIGHTS; RESTRICTIONS. All rights not expressly granted by UPEK in this -EULA are reserved. Except as otherwise expressly provided under this EULA, You shall not, and shall not -allow any third party to: -(a) transfer, assign, sublicense, resell, re-license or provide, lease, lend or allow access to the Software -Product to any other person or entity, except as otherwise provided herein; -(b) make error corrections or create derivative works based upon the Software Product; -(c) copy (except to make a single back-up copy to replace an unusable copy of the Software Product), -modify, prepare derivative works based upon, decompile, decrypt, reverse engineer or attempt to -reconstruct or discover any source code or underlying ideas or algorithms of the Software Product by any -means whatsoever (except to the extent applicable laws specifically prohibit such restriction), disassemble -or otherwise reduce the Software Product to human-readable form to gain access to trade secrets or -confidential information in the Software Product; -(d) use the Software Product for timesharing, hosting or service bureau purposes; or -(e) remove, obscure, or alter UPEK’s (or its third party licensors’) copyright notices, trademarks, or other -proprietary rights notices affixed to or contained within the Software Product (and any copies thereof, -including the back-up copy) or use such notices, trademarks or service marks for any other purpose. -You understand and agree that (i) the Software Product is licensed to You and not sold, (ii) your license to -the individual components of the Software Product is limited to use of the Software Product as a whole, and -You may not use or seek to use software code incorporated therein on a stand-alone basis, and (iii) the -individual components of the Software Product may not be separated for use on more than one UPEKEnabled Device, unless expressly permitted by this EULA. UPEK retains title to all copies of the Software -Product and all associated intellectual property rights therein, and any and all documentation thereof. - -5. PROPRIETARY NOTICES; TRADEMARKS. You agree to maintain and reproduce all copyright and -other proprietary notices on all copies, in any form, of the Software Product in the same form and manner -that such copyright and other proprietary notices are included on the Software Product, including on any - -MP1:942657.3 - -back-up copy of the Software Product. This EULA does not grant You any rights in connection with any -trademarks or service marks of UPEK. -6. SUPPORT SERVICES. UPEK may provide You with support services related to the Software Product -(“Support Services”). Use of Support Services, if any, is governed by the UPEK policies and terms -described in other UPEK-provided materials. Any supplemental software code provided to You as part of -the Support Services is considered part of the Software Product and subject to the terms and conditions of -this EULA. -7. LIMITED WARRANTY. -(a) UPEK warrants that during the “Warranty Period” (as defined below): (i) the media on which the -Software Product is furnished, if any, will be free of defects in materials and workmanship under normal -use; and (ii) the Software Product will substantially conform to its published specifications (the “Limited -Warranty”). The “Warranty Period” means a period beginning on the date of Your receipt of the Software -Product, as applicable, and ending on the later of (i) thirty (30) days from the date of delivery of such -Software Product, as applicable, or (ii) the end of the minimum period required by the law of the applicable -jurisdiction. The Limited Warranty extends only to You as the original licensee. This Limited Warranty -does not cover anything caused by accident or abuse or by use of the Software Product other than for its -reasonably intended purposes and as recommended in the accompanying user documentation. Updates are -covered by this warranty only if provided to You during the Warranty Period. Your sole and exclusive -remedy and the entire liability of UPEK and its suppliers under this Limited Warranty will be, at UPEK’s -option, to repair, replace, or refund the purchase price for the Software Product that is returned to UPEK, as -applicable, provided that you report the defects to UPEK or its designee within the Warranty Period. Any -breach of the Limited Warranty related to an error or defect in the media containing the Software Product -shall be remedied solely with the replacement of the media containing the Software Product. You shall pay -shipping or freight charges, including, without limitation, obtaining full value replacement insurance, for -any returns, whether for repair, replacement, or refund, to UPEK or its designee. -(b) This warranty does not apply if the Software Product (i) is licensed for beta, evaluation, testing, -demonstration or other purposes for which UPEK does not receive a license fee, (ii) has been altered, -except by UPEK, (iii) has not been installed, operated, repaired, or maintained by UPEK or in accordance -with instructions supplied by UPEK, (iv) has been subjected to abnormal physical or electrical stress, -misuse, negligence, or accident, or (v) is used in ultrahazardous activities. -8. DISCLAIMER OF WARRANTIES. -(a) EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN SECTION 7, UPEK AND ITS -SUPPLIERS PROVIDE THE SOFTWARE PRODUCT AND SUPPORT SERVICES (IF ANY) TO YOU -“AS IS,” AND YOUR USE IS AT YOUR OWN RISK. UPEK DOES NOT MAKE, AND HEREBY -DISCLAIMS, ANY AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT -NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A -PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY -WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. THE -DURATION OF ANY IMPLIED WARRANTY THAT IS NOT EFFECTIVELY DISCLAIMED WILL -BE LIMITED TO THE WARRANTY PERIOD. SOME STATES DO NOT ALLOW LIMITATIONS ON -HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY -TO YOU. -(b) UPEK DOES NOT WARRANT THAT THE SOFTWARE PRODUCT IS ERROR FREE OR THAT -YOU WILL BE ABLE TO OPERATE THE SOFTWARE WITHOUT PROBLEMS OR -INTERRUPTIONS. -9. LIMITATION OF LIABILITY. - -MP1:942657.3 - -(a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY -ACKNOWLEDGE AND AGREE THAT NEITHER UPEK NOR ITS AFFILIATES, RESELLERS OR -LICENSORS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, -CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR IN -CONNECTION WITH THIS EULA, HOWSOEVER CAUSED BY ANY THEORY OF LIABILITY, -INCLUDING BUT NOT LIMITED TO, CONTRACTS, PRODUCTS LIABILITY, STRICT LIABILITY -AND NEGLIGENCE, AND WHETHER OR NOT UPEK OR ITS SUPPLIERS OR LICENSORS HAVE -BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE -FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO -EVENT WILL THE TOTAL LIABILITY OF UPEK OR ANY OF ITS AFFILIATES, SUPPLIERS OR -LICENSORS ARISING OUT OF OR RELATED TO THIS EULA EXCEED THE FEES ACTUALLY -PAID TO UPEK FOR THE SOFTWARE PRODUCT. -(b) YOU ACKNOWLEDGE AND AGREE THAT THE PROVISIONS UNDER THIS EULA THAT -LIMIT LIABILITY, DISCLAIM WARRANTIES, OR EXCLUDE CONSEQUENTIAL DAMAGES OR -OTHER DAMAGES OR REMEDIES ARE ESSENTIAL TERMS OF THIS EULA THAT ARE -FUNDAMENTAL TO THE PARTIES’ UNDERSTANDING REGARDING ALLOCATION OF RISK. -ACCORDINGLY, SUCH PROVISIONS SHALL BE SEVERABLE AND INDEPENDENT OF ANY -OTHER PROVISIONS AND SHALL BE ENFORCED AS SUCH, REGARDLESS OF ANY BREACH -OR OTHER OCCURRENCE HEREUNDER, AND EVEN UNDER CIRCUMSTANCES THAT CAUSE -ANY EXCLUSIVE REMEDY UNDER THIS EULA TO FAIL OF ITS ESSENTIAL PURPOSE. -10. TERM AND TERMINATION. -(a) The term of this EULA shall commence upon the date You accept the terms and conditions of this -EULA, and shall continue in full force and effect thereafter unless terminated by UPEK as provided herein. -UPEK may, at its option, terminate this EULA immediately upon notice to You, if You fail to comply with -any terms and conditions of this EULA. -(b) Upon termination, all license rights under this EULA will terminate and You must promptly destroy all -copies of the Software Product in Your possession or control. Upon UPEK’s request, You shall certify in -writing that You have complied with Your obligations under this Section and otherwise under this EULA. -Termination by UPEK will not limit any of UPEK’s other rights or remedies under this EULA or at law or -in equity. -11. MISCELLANEOUS. -(a) LIMITS ON YOUR RIGHT TO TRANSFER. You may not assign, sublicense, rent, lease, lend, sell, -grant a security interest in, or otherwise transfer the Software Product or any rights under this EULA -without the prior written consent of UPEK. -(b) APPLICABLE LAW. This EULA is governed by the laws of the United States and the State of -California, without regard to the conflict of laws principles thereof. In relation to any legal action or -proceeding arising out of this EULA, You hereby irrevocably consent and submit to the exclusive -jurisdiction of the competent federal and state courts having jurisdiction in San Francisco County, -California, and waive any objection to proceedings in such courts. If this EULA is translated into a -language other than English and there is a conflict between the terms of the EULA in English and the -EULA in the other language, the terms of the terms of the EULA in English shall prevail. The EULA in -English may be downloaded from the UPEK website. -(c) COMPLIANCE WITH LAWS. You agree to use the Software Product in compliance with all -applicable laws, statutes, rules and regulations, including, without limitation, U.S. export laws and -regulations. -(d) SEVERABILITY AND SURVIVAL. If any provision of this EULA is illegal or unenforceable under -applicable law, the remaining provisions of this EULA will remain valid and fully enforceable. If any - -MP1:942657.3 - -provision is in part enforceable and in part unenforceable, it will be enforced to the extent permitted under -applicable law. Sections 4, 5, 7, 8, 9, 10 and 11 shall survive the termination of this EULA. -(e) INJUNCTIVE RELIEF. You agree that a breach of this EULA adversely affecting UPEK’s proprietary -rights in the Software Product or any UPEK-Enabled Device may cause irreparable injury to UPEK for -which monetary damages would not be an adequate remedy and UPEK shall be entitled to equitable relief -in addition to any remedies it may have hereunder or at law. -(f) ENTIRE AGREEMENT. This EULA (including any addendum or amendment to this EULA which is -included with the Software Product) is the entire agreement between You and UPEK relating to the -Software Product 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 Product or any other -subject matter covered by this EULA. No amendment to or modification of this EULA will be binding -unless made in writing and signed by UPEK. No failure to exercise, and no delay in exercising, on the part -of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or -partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. In -the event of any conflict between this EULA and any applicable purchase terms or UPEK’s policies and -terms for Support Services, the terms of this EULA shall control. - -MP1:942657.3 - - |