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authorDonnie Berkholz <spyderous@gentoo.org>2003-10-29 05:09:07 +0000
committerDonnie Berkholz <spyderous@gentoo.org>2003-10-29 05:09:07 +0000
commit12262c40b8eaf7e28090b0da64b2787169ea86bf (patch)
tree817b3a197437d12135f4ffae433a86fd3550d4fd /licenses
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Smart Link license for net-dialup/slmodem.
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+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.