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diff --git a/licenses/Digium b/licenses/Digium new file mode 100644 index 000000000000..0488d2e05809 --- /dev/null +++ b/licenses/Digium @@ -0,0 +1,190 @@ +IMPORTANT - READ CAREFULLY + + 1 AGREEMENT + + 1.1 This Digium End-User Purchase and License Agreement (the "Agreement") is a + legal agreement between Digium and the licensee and purchaser respectively + (hereinafter, "you", "You" or "your") of the Digium distribution media, + embedded software and related documentation (the "Software"), Digium services + (the "Services"), and related manuals (collectively the "Products"). BY + INSTALLING THE SOFTWARE, YOU AGREE TO AND ACCEPT THE TERMS AND CONDITIONS OF + THIS AGREEMENT. If you do not accept, or are not authorized to accept the terms + and conditions of this Agreement, then you should not install the Software and + should remove any installed Software from your computer. + + 2 GRANT OF LICENSE + + 2.1 Subject to your compliance with its obligations herein, Digium hereby + grants you a limited, non-transferable, non-exclusive, non-sublicensable + license to the Software for use with Zaptel software for internal business + purposes and not for resale, sublicense, or leasing to third-parties. + "Software" shall include any upgrades, updates, bug fixes or modified version + ("Upgrades") or backup copies of the Software supplied to you by Digium + provided you hold a valid license key to the original Software and have paid + any applicable fee for Upgrades. + + 2.2 Notwithstanding the foregoing, you acknowledge that certain components of + the Software may be covered by so-called "open source" software licenses + ("Open Source Components"). Digium will provide a list of Open Source + Components for a particular version of the Software upon your request. To the + extent required by the licenses covering Open Source Components, the terms of + such licenses will apply in lieu of the terms of this Agreement, and Digium + hereby represents and warrants that the licenses granted to such Open Source + Components will be no less broad than the license granted in this Section 2. + To the extent the terms of the licenses applicable to Open Source Components + prohibit any of the restrictions in this Agreement with respect to such Open + Source Component, such restrictions will not apply to such Open Source + Component. + + 2.3 "Key" refers to the unique registration code provided by Digium to enable + the Licensee to use the Software. You may use one copy of the Software + registered with a registration key, provided by Digium, on a single computer + owned, leased, or otherwise controlled by you at a single time. If you have + multiple registration keys for the Software you may use the Software on as + many computers as you have keys. The Software may not be used on or + distributed to a greater number of computers than you have registration keys. + + 3 RESERVATION OF RIGHTS + + 3.1 Except for the limited license rights expressly granted in this Agreement, + Digium reserves all rights in and to the Software and any modifications + thereto, including title, ownership, trademark, copyright, patent, trade secret + and any other rights and interests. You will own only the physical media on + which the Software and associated documentation are reproduced and distributed. + + 4 LIMITED WARRANTY - SOFTWARE + + 4.1 .Digium warrants only that the media on which Digium delivers the Software + will be free of physical defects for a period of ninety (90) days or will be + replaced by Digium. Except as otherwise agreed by Digium in writing, the + replacement Software is subject to the terms and conditions of this Agreement. + If Digium determines in its sole discretion that a defect cannot be corrected, + or that it is not practical to replace the Software, the price paid by the + original licensee for the Software will be refunded by Digium to you and the + license grant automatically terminated, in which case you will promptly return + to Digium or destroy the Software and any copies in your possession. + + 5 WARRANTY DISCLAIMERS + + 5.1 The limited warranty provided by Digium does not cover (i) Products that + have been subjected to misuse, tampering, modification, experimentation, + alteration, negligence, faulty installation; (ii) Products with the model or + serial number altered, tampered with, or removed; (iii) Initial installation, + installation and removal of the Product for repair, and shipping costs; + (iv) Configuration of the Product; (v) Damage that occurs in shipment due to + act of God, failures due to power surges, and cosmetic damage; (vi) Any + hardware, software, firmware or other materials or services provided by anyone + other than Digium; or (vii) Repair by anyone other than Digium or Digium's + authorized representative. Unless under a current Services contract with + Digium, you shall not upgrade or update Product using software of any origin + except commercial versions of the Software released to you by Digium or its + authorized distributors from time to time. THE PRODUCT IS PROVIDED WITHOUT ANY + IMPLIED WARRANTIES OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY + IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND + NON-INFRINGEMENT. EXCEPT AS EXPRESSLY COVERED UNDER THE LIMITED WARRANTY + PROVIDED HEREIN, THE ENTIRE RISK AS TO THE QUALITY, SELECTION AND PERFORMANCE + OF THE PRODUCT IS YOURS. + + 6 RETURN MATERIAL AUTHORIZATION + + 6.1 If returning a Product under the limited warranty, you must include with + the Product a written description of the physical defect or in sufficient + detail to allow Digium to confirm such determination. Prior to returning a + Product under limited warranty to Digium, the original purchaser must obtain a + Return Material Authorization ("RMA") in accordance with the Digium policy in + effect at the time as published on the Digium web site. Digium will not be + obligated to accept returns of any Software that has been activated or + otherwise used. + + 7 LIMITATION OF LIABILITY + + 7.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIGIUM IS NOT LIABLE UNDER ANY + CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR + ANY LOSS OF USE OF THE PRODUCT, INCONVENIENCE OR INDIRECT DAMAGES OF ANY + CHARACTER, WHETHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL (INCLUDING, BUT NOT + LIMITED TO, LOSS OF REVENUE OR PROFIT, WORK STOPPAGE, COMPUTER FAILURE OR + MALFUNCTION, FAILURE OF CONNECTED EQUIPMENT OR PROGRAMS, LOSS OF INFORMATION + OR DATA OR LOSS OF GOODWILL) RESULTING FROM THE USE OF THE PRODUCT, RELATING + TO WARRANTY SERVICE, OR ARISING OUT OF ANY BREACH OF THIS AGREEMENT, EVEN IF + DIGIUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SOLE REMEDY FOR + A BREACH OF THE FOREGOING LIMITED WARRANTY IS REPAIR, REPLACEMENT OR REFUND OF + THE THE MAXIMUM LIABILITY OF DIGIUM UNDER THIS DEFECTIVE PRODUCT. IN NO EVENT + SHALL THE REMEDY RELATED TO THIS AGREEMENT EXCEED THE PURCHASE PRICE OF THE + APPLICABLE PRODUCT. THE FOREGOING EXPRESS LIMITED WRITTEN WARRANTY AND REMEDIES + ARE EXCLUSIVE AND IN LIEU OF ANY OTHER WARRANTIES OR REMEDIES, EXPRESS, IMPLIED + OR STATUTORY. + + 8 PROPRIETARY WORKS + + 8.1 The Products contain trademarks, trade secrets and/or copyrighted materials + of Digium or its suppliers. + + 8.2 You agree not to reverse engineer, decompile, or disassemble the Software, + except to the extent such restriction is expressly prohibited by applicable + law. You shall not disclose or make available such trade secrets or copyrighted + material in any form to any third party nor remove any trademark notices, + copyright notices, or licensing terms from the Software or any components + therein. + + 8.3 You will not, without Digium written consent, use the name, trademarks, + trade names or logos of Digium, or the name of any product or service of + Digium, in any manner. If Digium grants you a right to use the aforementioned, + you will do so only in strict compliance with Digium's usage policies. + + 9 TERMINATION + + 9.1 This Agreement shall terminate upon removal of the Products from your + server and either destruction of the Products or return of the Products by you + to Digium. In the event of a breach of the scope of use permitted by the grant + in Section 2, or if you do not comply with other materials terms and conditions + of this Agreement, Digium shall have the right to immediately terminate this + Agreement, in which case you must promptly remove the Software from your + servers and destroy or return all copies to Digium. Notwithstanding the + foregoing, the provisions of Sections 5, 6, 7, 10, 11, 12, 13 and 14 shall + survive termination of this Agreement. + + 10 EXPORT RESTRICTION + + 10.1 You acknowledge that the Software, with the possible exception of certain + third-party components, is of U.S. origin. You agree to comply with applicable + domestic and international laws that apply to the Software, including the U.S. + Export Administration Regulations and other limitations issued by U.S. and + foreign governments. + + 11 TRANSFER AND ASSIGNMENT + + 11.1 This Agreement and the rights and obligations under it are not assignable + by you without the prior written approval of Digium, voluntarily or by + operation of law. Any attempt by you to assign this Agreement without such + approval shall be void. This Agreement shall inure to the benefit of the + successors and assigns of Digium. Notwithstanding the foregoing, you may move + the Software to different internal computers to the extent consistent with the + scope of license you have purchased to the Software. + + 12 U.S. GOVERNMENT USERS + + 12.1 The Software and documentation qualify as "commercial items" as defined at + 48 C.F.R. 2.101 and 48 C.F.R. 12.212. All Government users acquire the Software + and documentation with only those rights herein that apply to non-governmental + customers of Digium. + + 13 GOVERNING LAW AND JURISDICTION + + 13.1 This Agreement is to be construed in accordance with and governed by laws + of the State of Alabama, excluding its conflict of law provisions. Digium and + you agree to submit to the personal and exclusive jurisdiction of, and agree + that venue is proper in, the Alabama State or Federal Courts located in the + County of Jefferson, Alabama, for any such legal action or proceeding. The + United Nations Convention on International Sale of Goods, the application of + which is expressly excluded, does not govern this Agreement. + + 14 ENTIRE AGREEMENT + + 14.1 This Agreement constitutes the entire understanding between the parties + relating to the subject matter hereof and supersede all prior writings, + negotiations or understandings with respect thereto. The provisions of this + Agreement shall take precedence over any conflicting terms in any subsequent + purchase order, documentation or collateral. Any modifications to this + Agreement shall be reflected in a written agreement between the parties. The + parties agree that this Agreement may be executed electronically and that + electronic copies of this Agreement shall be binding upon the parties. |