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firmware:legal_terms [2011/06/02 21:41]
tibor
firmware:legal_terms [2011/06/07 09:54] (current)
tibor
Line 56: Line 56:
Licenser may by notice in writing terminate this License if the Licensee is in breach of any term, condition or provision of this License or required by the applicable law and fails to remedy such breach (if capable of remedy) within 30 days of having received written notice from Licenser specifying such breach. Termination, howsoever or whenever occasioned shall be subject to any rights and remedies Licenser may have under this License or under the applicable law. Licenser may by notice in writing terminate this License if the Licensee is in breach of any term, condition or provision of this License or required by the applicable law and fails to remedy such breach (if capable of remedy) within 30 days of having received written notice from Licenser specifying such breach. Termination, howsoever or whenever occasioned shall be subject to any rights and remedies Licenser may have under this License or under the applicable law.
<else> <else>
- +[[http://www.media5corp.com/en/eula|End User License Agreement]]
-BY USING THE PRODUCT HEREBY SUPPLIED TO YOU AND WHERE THIS END USER SOFTWARE LICENSE AGREEMENT IS EITHER SUPPLIED WITH THE PRODUCT OR ATTACHED TO ANY ORDER CONFIRMATION, MANUAL, GUIDE OR SIMILAR DOCUMENT SENT TO YOU ON OR BEFORE DELIVERY, YOU HAVE AGREED TO THE TERMS OF THIS LICENSE AGREEMENT (NO LATER THAN) UPON ACCEPTING DELIVERY.   +
- +
-===== 1. THE LICENSE ===== +
-MEDIA5 CORPORATION (“LICENSOR”), authorizes you (the “Licensee”) to Use (as hereinafter defined) the software programs (the “Software”) installed in the product supplied to you ("Product") or downloaded for installation into the Product, and the Licensee accepts a non-exclusive, non-transferable License to Use  the Software in the Product solely for its intended usage, in accordance with any limitations introduced by the LICENSOR as specified at time of purchase and upon the terms and subject to the conditions contained herein.   +
- +
-===== 2. USE OF THE SOFTWARE ===== +
-For the purposes of this License "Use" shall mean and include: \\ +
-(i) utilization of the Software by copying, transmitting or installing it into the Product; \\ +
-(ii) in the case of Software embedded in hardware equipment; by operating the hardware equipment; \\ +
-(iii) storing the whole or any part of the Software on the Product or other storage unit or disk; \\ +
-(iv) utilizing (but not copying) the instructional and/or operational manuals relating to the Software. +
- +
-===== 3. LICENSEE'S UNDERTAKINGS ===== +
-The Licensee may not perform any of the acts referred to in (i)-(iii) below except to the extent and only to the extent permitted by the applicable law to the Licensee as a lawful user of the Software and only then for the specific limited purpose stated in such applicable law or hereunder.  Licensee may not \\ +
-(i) copy the Software or otherwise reproduce the same provided that the Licensee may copy the Software for back-up purposes; \\ +
-(ii) translate, change or modify the Software; \\ +
-(iii) disassemble, decompile or reverse engineer the Software or any other action attempting to discover or disclose the source code or the methods or concepts embodied in the source code; \\ +
-(iv) modify the Software in any way so that copyrights, trademarks and other proprietary notices are removed or altered; \\ +
-(v) resell, rent, lease, distribute, sublicense  or otherwise provide or make available the Software  in whole or in part in any form to any third party; \\ +
-(vi) provide or otherwise make available the Software in whole or in part (including where applicable, but not limited to program listings, object code and source program listings, object code and source code), in any form to any third party without prior written consent from LICENSOR. +
- +
-===== 4. LIMITATION OF LIABILITY ===== +
-The Licensee hereby acknowledges that software in general is not error-free and agrees that the existence of such errors shall not constitute a breach of this License. THE SOFTWARE IS FURNISHED AS IS AND LICENSOR DISCLAIMS, TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, ALL WARRANTIES WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE. +
- +
-LICENSOR shall not be liable for any loss or damage whatsoever or howsoever caused arising directly or indirectly in connection with this License, the Software, its use or otherwise, except to the extent that such liability may not be lawfully excluded under the applicable law. Notwithstanding the generality of the preceding sentence, LICENSOR expressly excludes liability for indirect, special, incidental or consequential loss or damage which may arise in respect of the Software, its use, the Product or in respect of other equipment or property, or for loss of profit, business, revenue, goodwill or anticipated savings. +
- +
-In the event that any exclusion contained in this License shall be held to be invalid for any reason and LICENSOR becomes liable for loss or damage that may lawfully be limited, such liability shall be limited to the License fee paid for the Software, or when the license is part of a product, to what was paid for that product. +
- +
-LICENSOR does not exclude liability for death or personal injury. +
- +
-===== 5. COPYRIGHT, PATENTS, TRADE MARKS AND OTHER INTELLECTUAL PROPERTY RIGHTS ===== +
-The Licensee acknowledges that any and all of the copyright, trademarks, trade names, patents and other intellectual property rights subsisting in or used in connection with the Software including all documentation and manuals relating thereto are and remain the sole property of LICENSOR or other third party where this is specifically indicated.  The Licensee shall not during or at any time after the expiry or termination of this License in any way question or dispute the ownership by LICENSOR. +
- +
-===== 6. TERMINATION ===== +
-LICENSOR may by notice in writing terminate this License if the Licensee is in breach of any term, condition or provision of this License or required by the applicable law and fails to remedy such breach (if capable of remedy) within 30 days of having received written notice from LICENSOR specifying such breach. Termination, howsoever or whenever occasioned shall be subject to any rights and remedies LICENSOR may have under this License or under the applicable law. +
- +
-===== 7. OPEN SOURCE ===== +
-Media5 Corporation may use Open Source software with, in or for some of its products. For more information see the documentation attached to the Product or http://mx500-600manual.media5corp.com+
</if> </if>
firmware/legal_terms.txt · Last modified: 2011/06/07 09:54 by tibor
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