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Western Digital End User License Agreement IMPORTANT
- READ CAREFULLY. SECTION 10 OF THIS
DOCUMENT CONTAINS A BINDING ARBITRATION PROVISION THAT REQUIRES THE RESOLUTION
OF DISPUTES ON AN INDIVIDUAL BASIS, LIMITS YOUR ABILITY TO SEEK RELIEF IN A
COURT OF LAW and YOUR RIGHT TO A JUDGE OR JURY IN A COURT PROCEEDING, AND
WAIVES YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS or CLASS ARBITRATIONS FOR
CERTAIN DISPUTES. This
End User License Agreement (this “Agreement”) is a legal contract between you,
either as an individual or a single entity (“you”), and Western Digital
Technologies, Inc., its subsidiaries and affiliates (collectively, “WDT”),
governing your use of the software, services, and associated online or
electronic documentation published, distributed or otherwise made available by
WDT (this software, firmware, services, and documentation, and any applicable
updates provided by WDT, collectively referred to as the “Software”), and if
applicable, your use of Software designed for application with WDT hardware
devices and products (“WDT Devices”). If,
however, WDT software or services are accompanied by a separate license
agreement, the terms of that separate license agreement will apply to your use
of the applicable WDT software or services. BY
INSTALLING, ACTIVATING, COPYING OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO
BE BOUND BY THE TERMS OF THIS AGREEMENT, WHICH ARE CONDITIONS TO WDT’S LICENSE
GRANT TO YOU pursuant TO this Agreement, AND THE WDT PRIVACY POLICY, AS
INCORPORATED BY REFERENCE IN SECTION 5 below. IF YOU DO NOT AGREE TO THE TERMS
OF THIS AGREEMENT and the WDT Privacy Policy, DO NOT INSTALL, ACTIVATE, COPY, OR USE THE SOFTWARE. Except
as provided in Section 10 of this Agreement, this Agreement may be amended from
time to time by WDT; however, any changes to this Agreement will not be binding
on you unless you affirmatively assent to the applicable changes. 1.
LICENSE
GRANT and
Restrictions The
Software is licensed to you and not sold. Subject to the terms of this
Agreement, WDT hereby grants you a personal, non-exclusive, non-transferable,
non-sublicensable, and revocable license to use the Software for your personal
or internal purposes, and to make a reasonable number of copies of the Software
solely as reasonably necessary to use the Software as permitted pursuant to
this Agreement. You
acknowledge and agree that you will not, and you agree not to enable others to:
(a) reproduce the Software, except as expressly permitted under this Section 1;
(b) modify, adapt, translate the Software, or create any derivative works thereof;
(c) attempt to circumvent or disable the Software or any technology features or
measures in the Software, including without limitation any
access controls or copyright protection mechanisms, by any means or in any
manner; (d) attempt to decompile, disassemble, reverse engineer, or otherwise
attempt to derive the source code for the Software; (e) distribute, encumber,
sell, rent, lease, sublicense, or otherwise transfer, publish or disclose the
Software to any third party; (f) remove or alter any trademark, logo, copyright
or other proprietary notices, legends, symbols or labels in or on the Software
or used in connection with the Software; or (g) use the Software in any manner
to aid in the violation of any third-party intellectual property rights,
including without limitation copyrights, trademarks, trade secrets, and
patents, or the applicable laws of any
applicable jurisdictions, including without limitation libel, defamation,
obscenity, and privacy-related torts. 2.
RESERVATION OF RIGHTS You
acknowledge that the Software is protected by copyrights and other intellectual
property and proprietary rights. WDT and its third-party licensors
(“Licensors”) reserve all of these rights with respect to the Software, except
for the license expressly granted to you in Section 1. You acknowledge that,
except for the express license granted to you in Section 1, no right, title,
interest or license in or to the Software, whether by implication, estoppel or
otherwise, is granted, assigned or transferred to you. You agree not to take
any action that interferes with or challenges, in any manner, WDT or its
Licensors’ rights with respect to the Software.
3.
use of Non-WDT Devices In
some instances, the Software may operate with devices manufactured by entities
other than WDT (“Non-WDT Devices”). You
acknowledge and agree that WDT makes no representations or warranties with
respect to the quality or capability of any of these Non-WDT Devices. You acknowledge that WDT may offer support
for some Non-WDT Devices and not others; WDT makes no guarantees that the
Software is, will be, or will remain compatible with any applicable Non-WDT
Device. 4.
UPDATES;
Automatic
features You
acknowledge that WDT has no obligation to provide you with any Updates (as
defined below) to the Software. WDT may, however, from time to time, issue
updated versions of the Software and the Software may automatically connect to
WDT or third-party servers via the Internet to check for available updates to
the Software, such as bug fixes, patches, upgrades, additional or enhanced
functions, plug-ins and new versions (collectively, “Updates”) and may either
(a) automatically electronically update the version of the Software that you
are using on your personal device or (b) give you the option of manually
downloading applicable Updates. By installing the Software and not disabling
any automated check for Updates, if applicable, you hereby agree and consent to
automatically request and receive Updates from WDT or third-party servers, and
that the terms and conditions of this Agreement shall apply to all of these
Updates. 5.
INFORMATION Automatically collected by WDT The Software may
contain automatic communications features which relay certain information to
WDT and its third-party data analytics providers in connection with the
operation of the Software. For more
information about how WDT and its third-party data analytics providers collect
and use information provided through the Software, please review the WDT
Privacy Policy located at http://www.wd.com/en/company/corporateinfo/privacy.aspx, which is incorporated into this Agreement
by reference. By agreeing to the terms of this Agreement, you agree to the
terms of the WDT Privacy Policy. If you
do not agree to the terms of the Privacy Policy, you should not use the
Software. 6.
REGISTRATION INFORMATION As part of any
Software or WDT Device registration process, WDT may request
registration-related information, including without limitation your name, e-mail
address, username, or password. By providing this information, you consent to its
collection and use by WDT to provide non-promotional communications regarding
any WDT Device purchased with the Software, including notices of Update
availability, product recalls, or safety concerns. WDT’s use of information it collects from you
in connection with the registration process, or that you otherwise provide to
WDT in connection with WDT’s Software or WDT Devices, shall be governed by the
WDT Privacy Policy. You agree you will
maintain the confidentiality of your username and password and assume all
responsibility due to any loss, theft, or other destruction of any data as the
result of any access to your account via the use of your username and password. 7.
THIRD PARTY CONTENT and Service Providers Your
use of the Software may allow you to download and use third-party software or
link to third-party content accessed through the Software (this third-party software
and content collectively, “Third-Party Content”). You acknowledge that all Third-Party Content
is the property of the applicable Third-Party Content owners and may be
protected by applicable copyright and other intellectual property rights. You
may not use any Third-Party Content in any manner that has not been authorized
by the applicable service provider (“Service Provider”) or Third-Party Content
owner. You acknowledge that you may be required to enter into a separate
agreement with a Service Provider or Third-Party Content owner, or comply with
a Service Provider’s terms or conditions of use in order to access or have the
right to access and use certain Third-Party Content. It is your responsibility to ensure that accessing, reproducing,
displaying or otherwise using Third-Party Content in connection with your use
of the Software does not infringe any third-party intellectual property rights. 8.
DISCLAIMER OF WARRANTY THE
SOFTWARE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WDT, AND ITS LICENSORS DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS OR LACK OF
VIRUSES, and any warranties regarding the security, reliability or timeliness
of the Software. WDT DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR
REQUIREMENTS OR BE ERROR-FREE. Wdt does not warrant that use of the Software
will be continuous or uninterrupted and WDT shall not be responsiBle or liable
for ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THe SOftware. THE ENTIRE RISK ARISING OUT OF THE USE OR
PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU. YOU UNDERSTAND AND AGREE THAT ANY
SOFTWARE, MATERIAL, OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
THE SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU SHALL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, DEVICE, SYSTEM, OR NETWORK,
INCLUDING WITHOUT LIMITATION ANY LOSS OR CORRUPTION OF DATA. THE FOREGOING
WARRANTY DISCLAIMER SHALL NOT MODIFY, CONSTRUE, OR AMEND THE APPLICABLE
WARRANTY THAT RELATES TO YOUR USE, IF APPLICABLE, OF WDT DEVICES. WDT
DOES NOT MAKE ANY REPRESENTATIONS ABOUT AND DISCLAIMS ALL WARRANTIES WITH
RESPECT TO ANY THIRD-PARTY CONTENT, ANY NON-WDT DEVICE, OR THE ACTIONS OR
OMISSIONS OF A SERVICE PROVIDER OR THIRD-PARTY CONTENT OWNER. WDT IS NOT RESPONSIBLE FOR EXAMINING OR
EVALUATING THE CONTENT, ACCURACY, COMPLETENESS, TIMELINESS, VALIDITY, COPYRIGHT
COMPLIANCE, LEGALITY, DECENCY, QUALITY, OR ANY OTHER ASPECT OF THIRD PARTY
CONTENT. WDT, ITS OFFICERS, AFFILIATES, AND SUBSIDIARIES DO NOT WARRANT OR
ENDORSE AND DO NOT ASSUME AND WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO
YOU OR ANY OTHER PERSON FOR ANY THIRD PARTY CONTENT OR WEB SITES, OR FOR ANY
OTHER MATERIALS, PRODUCTS, OR SERVICES OF THIRD PARTIES ACCESSED THROUGH THE
SOFTWARE. TO THE EXTENT YOU CHOOSE TO USE OR ACCESS ANY THIRD PARTY CONTENT
THROUGH THE SOFTWARE, YOU DO SO AT YOUR OWN INITIATIVE AND ARE RESPONSIBLE FOR
COMPLIANCE WITH ANY APPLICABLE LAWS, INCLUDING WITHOUT LIMITATION APPLICABLE
LOCAL LAWS AND PRIVACY AND DATA COLLECTION LAWS. 9.
LIMITATION ON LIABILITY TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WDT OR ITS
LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL,
PUNITIVE, OR OTHER DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR
LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, COMPUTER SYSTEM
FAILURE, MALFUNCTION OR OTHER PECUNIARY LOSS RELATING TO OR ARISING OUT OF THIS
AGREEMENT, THE USE OF OR INABILITY TO USE THE SOFTWARE, WDT DeviceS, any
third party content, or any Non-WDT Device, EVEN IF WDT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU. IN NO EVENT SHALL WDT’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES IN
CONNECTION WITH this Agreement or THE
SOFTWARE EXCEED $25. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS
SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY
REMEDY FAILS ITS ESSENTIAL PURPOSE. WDT IS NOT RESPONSIBLE
OR LIABLE FOR ANY INFECTIONS of,
CONTAMINATION OF, or DAMAGE TO YOUR SYSTEM, OR DELAYS, INACCURACIES,
ERRORS OR OMISSIONS ARISING OUT OF OR RELATED TO YOUR USE OF THE SOFTWARE OR
WDT DEVICES. THE SOFTWARE IS NOT
INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATIONS
SYSTEMS OR AIR TRAFFIC CONTROL MACHINES OR ANY OTHER MACHINES IN WHICH CASE THE
FAILURE OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE PHYSICAL
OR ENVIRONMENTAL DAMAGE. 10.
DISPUTES, BINDING INDIVIDUAL ARBITRATION, AND
WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS 10.1
Disputes. The terms of this Section 10
shall apply to all Disputes between you and WDT. For the purposes of this Section 10 and
subject to the exceptions set forth in this Section 10.1, “Dispute” shall mean
any dispute, claim, or action between you and WDT arising out of or relating to
the Software, WDT Devices, this Agreement, or other transaction involving you
and WDT, whether in contract, warranty, misrepresentation, fraud, tort,
intentional tort, statute, regulation, ordinance, or any other legal or
equitable basis, and shall be interpreted to be given the broadest meaning
allowable under law. YOU AND WDT AGREE THAT “DISPUTE” AS DEFINED
IN THIS AGREEMENT SHALL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION BY YOU OR WDT
FOR (A) TRADE SECRET MISAPPROPRIATION, (B) PATENT INFRINGEMENT, (C) COPYRIGHT
INFRINGEMENT OR MISUSE, AND (D) TRADEMARK INFRINGEMENT OR DILUTION. Moreover, notwithstanding section 10.6, you agree
that a court, not the arBitRator, may decide if a claim falls within one of
these four exceptions. 10.2
Binding
Arbitration. You and WDT further
agree: (a) to arbitrate all Disputes between the parties pursuant to the
provisions in this Agreement; (b) this Agreement memorializes a transaction in
interstate commerce; (c) the Federal Arbitration Act (9 U.S.C. §1, et seq.)
governs the interpretation and enforcement of this Section 10; and (d) this
Section 10 shall survive termination of this Agreement. ARBITRATION
MEANS THAT YOU WAIVE YOUR RIGHT TO A JUDGE OR JURY IN A COURT PROCEEDING AND
YOUR GROUNDS FOR APPEAL ARE LIMITED. The arbitrator may award you the same
damages as a court sitting in proper jurisdiction could, and may award
declaratory or injunctive relief only in favor of the individual party seeking
relief and only to the extent necessary to provide relief warranted by that
party’s individual claim. In addition, in some instances, the costs of
arbitration could exceed the costs of litigation and the right to discovery may
be more limited in arbitration than in court. The decision of the arbitrator
shall be final and enforceable by any court with jurisdiction over the
parties. 10.3
Small
Claims Court. Notwithstanding the
foregoing, you may bring an individual action in the small claims court of your
state or municipality if the action is within that court’s jurisdiction and is
pending only in that court. 10.4
Dispute Notice.
In the event of a Dispute, you
or WDT must first send to the other party a notice of the Dispute that shall
include a written statement that sets forth the name, address and contact
information of the party giving it, the facts giving rise to the Dispute, and
the relief requested (the “Dispute Notice”). The Dispute Notice to WDT must be
addressed to: Western Digital Technologies, Inc., ATTN: Legal Department, 3355
Michelson Drive, Suite 100, Irvine, CA 92612, U.S.A. (the “WDT Notice
Address”). The Dispute Notice to you
will be sent by certified mail to the most recent address WDT has on file or
otherwise in our records for you. If WDT and you do not reach an agreement to
resolve the Dispute within sixty (60) days after the Dispute Notice is
received, you or WDT may commence an arbitration proceeding pursuant to this
Section 10. Following submission and
receipt of the Dispute Notice, each of the parties agrees to act in good faith
to seek to resolve the Dispute before commencing arbitration. 10.5
WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS. YOU AND WDT AGREE THAT EACH PARTY MAY BRING
DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A
PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING,
INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS, or CLASS
ARBITRATIONS. ACCORDINGLY, UNDER THE ARBITRATION PROCEDURES OUTLINED IN
THIS SECTION, AN ARBITRATOR SHALL NOT COMBINE OR CONSOLIDATE MORE THAN ONE
PARTY’S CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES
TO AN ARBITRATION PROCEEDING. 10.6
Arbitration Procedure. If a
party elects to commence arbitration, the arbitration shall be governed by the
rules of JAMS that are in effect at the time the arbitration is initiated (the
“JAMS Rules”), available at http://www.jamsadr.com
or by calling 1-800-352-5267, and under the rules set forth in this Agreement.
If there is a conflict between the JAMS Rules and the rules set forth in this
Agreement, the rules set forth in this Agreement shall govern. You may, in
arbitration, seek any and all remedies otherwise available to you pursuant to
federal, state, or local laws. All Disputes shall be resolved by a single
neutral arbitrator, and both parties shall have a reasonable opportunity to
participate in the selection of the arbitrator.
The arbitrator is bound by the terms of this Agreement. The arbitrator,
and not any federal, state or local court or agency, shall have exclusive
authority to resolve all disputes arising out of or relating to the
interpretation, applicability, enforceability or formation of this Agreement,
including without limitation any claim that all or any part of this Agreement
is void or voidable. Notwithstanding this broad delegation of authority to the
arbitrator, a court may determine the limited question of whether a claim or
cause of action is for (a) trade secret misappropriation, (b) patent
infringement, (c) copyright infringement or misuse, or (d) trademark
infringement or dilution, which are excluded from the definition of “Disputes”
in Section 10.1. The arbitrator shall
be empowered to grant whatever relief would be available in a court under law
or in equity. The arbitrator’s award shall be binding on the parties and may be
entered as a judgment in any court of competent jurisdiction. You may choose to engage in arbitration
hearings by telephone. Arbitration
hearings not conducted by telephone shall take place in a location reasonably
accessible from your primary residence, or in Orange County, California, at
your option. (a)
Initiation of Arbitration Proceeding. If
either you or WDT decides to arbitrate a Dispute, both parties agree to the
following procedure: (i)
Write a
Demand for Arbitration. The demand must include a description of the Dispute
and the amount of damages sought to be recovered. You can find a copy of a
Demand for Arbitration at http://www.jamsadr.com (“Demand for Arbitration”). (ii)
Send
three copies of the Demand for Arbitration, plus the appropriate filing fee,
to: JAMS (iii)
Send one
copy of the Demand for Arbitration to the other party at the same address as
the Dispute Notice, or as otherwise agreed to by the parties. (b)
Hearing Format. In all hearing formats, the
arbitrator shall issue a written decision that explains the essential findings
and conclusions on which an award, if any, is based. During the arbitration, the amount of any
settlement offer made by WDT or you shall not be disclosed to the arbitrator
until after the arbitrator determines the amount, if any, to which you or WDT
is entitled. The discovery or exchange of non-privileged information relevant to
the Dispute may be allowed during the arbitration. The parties shall maintain
the confidential nature of the arbitration proceeding and the award, except as
may be necessary to prepare for or conduct the arbitration hearing on the
merits, or except as may be necessary in connection with a court application
for a preliminary remedy, a judicial challenge to an award or its enforcement,
or unless otherwise required by law or judicial decision. (c)
Arbitration Fees. WDT shall pay, or (if
applicable) reimburse you for, all JAMS filing, administration, and arbitrator
fees for any arbitration commenced (by you or WDT) pursuant to provisions of
this Agreement. (d)
Award in Your Favor. For
Disputes in which you or WDT seeks $75,000 or less in damages exclusive of
attorney’s fees and costs, if the arbitrator’s decision results in an award to
you in an amount greater than WDT’s last written offer, if any, to settle the
Dispute, WDT will: (i) pay you $1,000 or the amount of the award, whichever is
greater; (ii) pay you twice the amount of your reasonable attorney’s fees, if
any; and (iii) reimburse you for any expenses (including expert witness fees
and costs) that your attorney reasonably accrues for investigating,
preparing, and pursuing the Dispute in arbitration. Except as agreed upon by you and WDT in
writing, the arbitrator shall determine the amount of fees, costs, and expenses
to be paid by WDT pursuant to this Section 10.6(d). (e)
Attorney’s Fees. WDT will not seek its
attorney’s fees and expenses for any arbitration commenced involving a Dispute
under this Agreement. Your right to
attorney’s fees and expenses under Section 10.6(d) above does not limit your
rights to attorney’s fees and expenses under applicable law; notwithstanding
the foregoing, the arbitrator may not award duplicative awards of attorney’s
fees and expenses. (f)
Opt-out. You may elect to opt-out
(exclude yourself) from the final, binding, individual arbitration procedure
and waiver of class and representative proceedings specified in this Agreement
by sending a written letter to the WDT Notice Address within thirty (30) days
of your assent to this Agreement (including without limitation the purchase,
download, installation of the Software or other applicable use of WDT Devices,
products and services) that specifies (i) your name, (ii) your mailing address,
and (iii) your request to be excluded from the final, binding individual
arbitration procedure and waiver of class and representative proceedings
specified in this Section 10. In the event that you opt-out consistent with the
procedure set forth above, all other terms shall continue to apply, including
the requirement to provide notice prior to litigation. 10.7
Amendments to Section 10.
Notwithstanding any provision in this Agreement to the contrary, you and
WDT agree that if WDT makes any future amendments to the dispute resolution
procedure and class action waiver provisions (other than a change to WDT’s
address) in this Agreement, WDT will obtain your affirmative assent to the
applicable amendment. If you do not affirmatively assent to the applicable
amendment, you are agreeing that you will arbitrate any Dispute between the
parties in accordance with the language of this Section 10. 10.8
Severability. If
any provision in this Section 10 is found to be unenforceable, that provision
shall be severed with the remainder of this Agreement remaining in full force
and effect. The foregoing shall not apply to the prohibition against class or
representative actions as provided in Section 10.5; if Section 10.5 is found to
be unenforceable, the entire Section 10 (but only Section 10) shall be null and
void. 11.
U.S. GOVERNMENT RESTRICTED RIGHTS The
Software is commercial computer software, as such term is defined in 48 C.F.R.
§2.101. Accordingly, if you are an agency of the U.S. Government or any
contractor therefor, you receive only those rights with respect to the Software
as are granted to all other end users under license, in accordance with (a) 48
C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of
Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all
other U.S. Government licensees and their contractors. 12.
EXPORT AND IMPORT RESTRICTIONS WDT
makes no representation that the Software is appropriate for use in your
country of use. You acknowledge that no part of the Software or underlying
information or technology may be downloaded or otherwise exported or
re-exported into (or to a national or resident of) any countries or regions
subject to U.S. trade embargo (currently Iran, Cuba, Syria, North Korea, Sudan,
and the region of Crimea), or anyone on any of the U.S. government’s Lists of
Parties of Concern including, the U.S. Treasury Department’s list of Specially
Designated Nationals or the U.S. Commerce Department’s Denied Persons List and
Entity List. By using the Software, you are agreeing to the foregoing, and are
representing and warranting that you are not located in or under the control of
a national or resident of any such country or on any such list and you agree
that you will not use the Software in any activities directly or indirectly
related to the proliferation of weapons of mass destruction, except as
authorized under applicable laws and regulations. You further acknowledge
and understand that certain functionality of the Software, such as encryption
or authentication, may be subject to export and import restrictions and you are
responsible for complying with all applicable restrictions and regulatory
requirements. 13.
INDEMNITY You
hereby agree to indemnify, defend, and hold WDT and its Licensors harmless from
and against any and all liabilities, damages, claims, fines, and expenses
arising out of any breach of this Agreement by you. 14.
TERMINATION Without
prejudice to any other WDT rights, WDT shall have the right to immediately
terminate this Agreement, including without limitation termination of any user
accounts associated with the Software, with or without notice to you if WDT
deems that you fail to comply with your obligations under this Agreement. Upon
termination, you must immediately cease all use of the Software and destroy all
copies of the Software. 15.
TRANSFER You may not assign or otherwise transfer, by operation of law or
otherwise, this Agreement or the Software. 16.
OPEN SOURCE SOFTWARE The
Software licensed under this Agreement may include “Open Source” software
(computer software that is distributed under a licensing arrangement, which
provides that the computer code can be shared, viewed, and modified by the
public). The restrictions of Section 1, 2, 14, and 15 of this Agreement
only apply to any applicable Open Source software when and to the extent that
they do not conflict with any terms of the Open Source software’s respective
license(s). To the extent necessary to
comply with the terms of the included Open Source software’s respective
licenses, WDT makes available the necessary portion of the source code for
Software at http://support.wdc.com/
for a period of at least three years after your receipt of the Software from
WDT. WDT provides no support for the Open
Source software. 17.
SUPPORT For
questions regarding the Software, please visit WDT’s support forum at
http://support.wdc.com or submit an email to WDT’s customer support using the
web form at http://wdc.custhelp.com/app/ask/.
18.
Entire Agreement This Agreement constitutes the entire agreement between the parties
concerning the subject matter hereof and supersedes all prior or
contemporaneous oral or written understandings. 19.
Governing Law; Exclusive Venue for Litigation Except for Section 10, this Agreement shall be governed by the laws of
the State of California, without regard to conflicts of law provisions. In the event of a Dispute in which the
provisions in Section 10 are inapplicable, severed from the remainder of this
Agreement by a court of competent jurisdiction, or you opt-out pursuant to the
provisions of Section 10, you and WDT both consent to the exclusive
jurisdiction of the state and federal courts sitting in Orange County,
California. 20.
United Nations Convention on Contracts for the
Sale of International Sale of Goods This Agreement shall not be governed by the United Nations Convention
on Contracts for the International Sale of Goods. 21.
Severability; Waiver Subject
to Section 10.7 of this Agreement, if any provision of this Agreement is held
unenforceable by a court of competent jurisdiction, the applicable provision
shall be modified to the extent necessary to render it enforceable without
losing its intent or severed from this Agreement if no applicable modification
is possible, and other provisions of this Agreement shall remain in full force
and effect. A waiver by either party of any term or condition of this Agreement
or any breach thereof, in any one instance, shall not waive the applicable term
or condition or any subsequent breach thereof. 22.
Survival Sections
2, 8, 9, 10, 13 and 19 of this Agreement, and any other provisions of this
Agreement that require or contemplate performance after the termination of this
Agreement, shall be enforceable notwithstanding termination of this Agreement. 23.
Excused Performance Neither party shall be in default or be liable for any delay, failure
in performance (excepting the obligation to pay), or interruption of service
resulting directly or indirectly from any cause beyond its reasonable control. 4078-705022-A09 August 2015 COPYING.FPC License Agreement Copyright
(c) 1993-2009 by Florian Klaempfl The file
COPYING.FPC applies to the Free Pascal Run-Time Library (RTL) and packages
(packages) distributed by members of the Free Pascal Development Team. The source
code of the Free Pascal Runtime Libraries and packages are distributed under
the Library GNU General Public License with the following modification: As a
special exception, the copyright holders of this library give you permission to
link this library with independent modules to produce an executable, regardless
of the license terms of these independent modules, and to copy and distribute
the resulting executable under terms of your choice, provided that you also
meet, for each linked independent module, the terms and conditions of the
license of that module. An independent module is a module which is not derived
from or based on this library. If you modify this library, you may extend this
exception to your version of the library, but you are not obligated to do so.
If you do not wish to do so, delete this exception statement from your version. If you
didn't receive a copy of the file COPYING, contact:
Free Software Foundation
675 Mass Ave
Cambridge, MA 02139
USA COPYING.modifiedLGPL License Agreement Copyright
(c) 1993-2009 by Florian Klaempfl - Lazarus Component Library (LCL) This is the
file COPYING.modifiedLGPL, it applies to several units in the Lazarus sources
distributed by members of the Lazarus Development Team. All files contains
headers showing the appropriate license. See there if this modification can be
applied. These files
are distributed under the Library GNU General Public License (see the file
COPYING.LGPL) with the following modification: As a
special exception, the copyright holders of this library give you permission to
link this library with independent modules to produce an executable, regardless
of the license terms of these independent modules, and to copy and distribute
the resulting executable under terms of your choice, provided that you also
meet, for each linked independent module, the terms and conditions of the
license of that module. An independent module is a module which is not derived
from or based on this library. If you modify this library, you may extend this
exception to your version of the library, but you are not obligated to do so.
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software is free for all its users. This General Public License applies
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You can apply it to your programs, too. When we speak of free software, we are
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TERMS AND CONDITIONS Appendix:
How to Apply These Terms to Your New Programs If you develop a new program, and
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most effectively convey the exclusion of warranty; and each file should have at
least the "copyright" line and a pointer to where the full notice is
found. <one
line to give the program's name and a brief idea of what it does.> Copyright
(C) 19yy <name of author> This
program is free software; you can redistribute it and/or modify it under the
terms of the GNU General Public License as published by the Free Software
Foundation; either version 2 of the License, or (at your option) any later
version. This
program is distributed in the hope that it will be useful, but WITHOUT ANY
WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A
PARTICULAR PURPOSE. See the GNU General Public License for more details. You should
have received a copy of the GNU General Public License along with this program;
if not, write to the Free Software Foundation, Inc., 675 Mass Ave, Cambridge,
MA 02139, USA. Also add
information on how to contact you by electronic and paper mail.If the program
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version 69, Copyright (C) 19yy name of author Gnomovision
comes with ABSOLUTELY NO WARRANTY; for details type `show w'. This is
free software, and you are welcome to redistribute it under certain conditions;
type `show c' for details.The hypothetical commands `show w' and `show c'
should show the appropriate parts of the General Public License. Of
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Here is a sample; alter the names: Yoyodyne,
Inc., hereby disclaims all copyright interest in the program `Gnomovision'
(which makes passes at compilers) written by James Hacker. <signature
of Ty Coon>, 1 April 1989 Ty Coon,
President of Vice This
General Public License does not permit incorporating your program into
proprietary programs. If your program is a subroutine library, you may
consider it more useful to permit linking proprietary applications with the
library. If this is what you want to do, use the GNU Library General
Public License instead of this License. GNU LESSER GENERAL PUBLIC LICENSE Version 2.1, February 1999 Copyright
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Library, uncombined with any other library facilities. This must be
distributed under the terms of the Sections above. b) Give
prominent notice with the combined library of the fact that part of it is a
work based on the Library, and explaining where to find the accompanying
uncombined form of the same work. 8. You may
not copy, modify, sublicense, link with, or distribute the Library except as
expressly provided under this License. Any attempt otherwise to copy,
modify, sublicense, link with, or distribute the Library is void, and will
automatically terminate your rights under this License. However, parties
who have received copies, or rights, from you under this License will not have
their licenses terminated so long as such parties remain in full compliance. 9. You are
not required to accept this License, since you have not signed it.
However, nothing else grants you permission to modify or distribute the Library
or its derivative works. These actions are prohibited by law if you do
not accept this License. Therefore, by modifying or distributing the
Library (or any work based on the Library), you indicate your acceptance of
this License to do so, and all its terms and conditions for copying,
distributing or modifying the Library or works based on it. 10. Each
time you redistribute the Library (or any work based on the Library), the
recipient automatically receives a license from the original licensor to copy,
distribute, link with or modify the Library subject to these terms and
conditions. You may not impose any further restrictions on the recipients'
exercise of the rights granted herein. You are not responsible for enforcing
compliance by third parties with this License. 11. If, as
a consequence of a court judgment or allegation of patent infringement or for
any other reason (not limited to patent issues), conditions are imposed on you
(whether by court order, agreement or otherwise) that contradict the conditions
of this License, they do not excuse you from the conditions of this
License. If you cannot distribute so as to satisfy simultaneously your
obligations under this License and any other pertinent obligations, then as a
consequence you may not distribute the Library at all. For example, if a
patent license would not permit royalty-free redistribution of the Library by
all those who receive copies directly or indirectly through you, then the only
way you could satisfy both it and this License would be to refrain entirely
from distribution of the Library. If any portion of this section is held
invalid or unenforceable under any particular circumstance, the balance of the
section is intended to apply, and the section as a whole is intended to apply
in other circumstances. It is not the purpose of this section to induce you to
infringe any patents or other property right claims or to contest validity of
any such claims; this section has the sole purpose of protecting the integrity
of the free software distribution system which is implemented by public license
practices. Many people have made generous contributions to the wide range
of software distributed through that system in reliance on consistent
application of that system; it is up to the author/donor to decide if he or she
is willing to distribute software through any other system and a licensee
cannot impose that choice. This section is intended to make thoroughly clear
what is believed to be a consequence of the rest of this License. 12. If the
distribution and/or use of the Library is restricted in certain countries
either by patents or by copyrighted interfaces, the original copyright holder
who places the Library under this License may add an explicit geographical
distribution limitation excluding those countries, so that distribution is
permitted only in or among countries not thus excluded. In such case,
this License incorporates the limitation as if written in the body of this
License. 13. The
Free Software Foundation may publish revised and/or new versions of the Lesser
General Public License from time to time. Such new versions will be similar in
spirit to the present version, but may differ in detail to address new problems
or concerns. Each version is given a distinguishing version number. If
the Library specifies a version number of this License which applies to it and
"any later version", you have the option of following the terms and
conditions either of that version or of any later version published by the Free
Software Foundation. If the Library does not specify a license version
number, you may choose any version ever published by the Free Software
Foundation. 14. If you
wish to incorporate parts of the Library into other free programs whose
distribution conditions are incompatible with these, write to the author to ask
for permission. For software which is copyrighted by the Free Software
Foundation, write to the Free Software Foundation; we sometimes make exceptions
for this. Our decision will be guided by the two goals of preserving the
free status of all derivatives of our free software and of promoting the
sharing and reuse of software generally. NO WARRANTY 15. BECAUSE
THE LIBRARY IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE LIBRARY,
TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN
WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE LIBRARY "AS
IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF
THE LIBRARY IS WITH YOU. SHOULD THE LIBRARY PROVE DEFECTIVE, YOU ASSUME
THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. 16. IN NO
EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY
COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE
LIBRARY AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY
GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR
INABILITY TO USE THE LIBRARY (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA
BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A
FAILURE OF THE LIBRARY TO OPERATE WITH ANY OTHER SOFTWARE), EVEN IF SUCH HOLDER
OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. END OF
TERMS AND CONDITIONS How to
Apply These Terms to Your New Libraries If you
develop a new library, and you want it to be of the greatest possible use to
the public, we recommend making it free software that everyone can redistribute
and change. You can do so by permitting redistribution under these terms
(or, alternatively, under the terms of the ordinary General Public License). To apply
these terms, attach the following notices to the library. It is safest to
attach them to the start of each source file to most effectively convey the
exclusion of warranty; and each file should have at least the
"copyright" line and a pointer to where the full notice is found.
<one line to give the library's name and a brief idea of what it does.>
Copyright (C) <year> <name of author> This
library is free software; you can redistribute it and/or modify it under the
terms of the GNU Lesser General Public License as published by the Free
Software Foundation; either version 2.1 of the License, or (at your option) any
later version. This
library is distributed in the hope that it will be useful, but WITHOUT ANY
WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A
PARTICULAR PURPOSE. See the GNU Lesser General Public License for more
details. You should
have received a copy of the GNU Lesser General Public License along with this
library; if not, write to the Free Software Foundation, Inc., 59 Temple Place,
Suite 330, Boston, MA 02111-1307 USA Also add
information on how to contact you by electronic and paper mail. You should
also get your employer (if you work as a programmer) or your school, if any, to
sign a "copyright disclaimer" for the library, if necessary.
Here is a sample; alter the names: Yoyodyne,
Inc., hereby disclaims all copyright interest in the library `Frob' (a library
for tweaking knobs) written by James Random Hacker. <signature
of Ty Coon>, 1 April 1990 Ty
Coon, President of Vice That's all
there is to it! MOZILLA PUBLIC LICENSE Version 1.1 TurboPower
Internet Professional and VirtualTreeView 1.
Definitions.
1.0.1. "Commercial Use" means distribution or otherwise making the
Covered Code available to a third party.
1.1. "Contributor" means each entity that creates or contributes to
the creation of Modifications.
1.2. "Contributor Version" means the combination of the Original
Code, prior Modifications used by a Contributor, and the Modifications made by
that particular Contributor.
1.3. "Covered Code" means the Original Code or Modifications or the
combination of the Original Code and Modifications, in each case including
portions thereof.
1.4. "Electronic Distribution Mechanism" means a mechanism generally
accepted in the software development community for the electronic transfer of
data.
1.5. "Executable" means Covered Code in any form other than Source
Code.
1.6. "Initial Developer" means the individual or entity identified as
the Initial Developer in the Source Code notice required by Exhibit
A.
1.7. "Larger Work" means a work which combines Covered Code or
portions thereof with code not governed by the terms of this License.
1.8. "License" means this document.
1.8.1. "Licensable" means having the right to grant, to the maximum
extent possible, whether at the time of the initial grant or subsequently
acquired, any and all of the rights conveyed herein.
1.9. "Modifications" means any addition to or deletion from the
substance or structure of either the Original Code or any previous
Modifications. When Covered Code is released as a series of files, a
Modification is:
A. Any addition to or deletion from the contents of a file containing Original
Code or previous Modifications.
B. Any new file that contains any part of the Original Code or previous
Modifications.
1.10. "Original Code" means Source Code of computer software code
which is described in the Source Code notice required by Exhibit A as Original
Code, and which, at the time of its release under this License is not already
Covered Code governed by this License.
1.10.1. "Patent Claims" means any patent claim(s), now owned or
hereafter acquired, including without limitation, method, process, and
apparatus claims, in any patent Licensable by grantor.
1.11. "Source Code" means the preferred form of the Covered Code for
making modifications to it, including all modules it contains, plus any
associated interface definition files, scripts used to control compilation
and installation of an Executable, or source code differential comparisons
against either the Original Code or another well known, available Covered Code
of the Contributor's choice. The Source Code can be in a compressed or archival
form, provided the appropriate decompression or de-archiving software is widely
available for no charge.
1.12. "You" (or "Your") means an individual or a
legal entity exercising rights under, and complying with all of the terms of,
this License or a future version of this License issued under Section 6.1. For
legal entities, "You" includes any entity which controls, is
controlled by, or is under common control with You. For purposes of this
definition, "control" means (a) the power, direct or indirect, to cause
the direction or management of such entity, whether by contract or otherwise,
or (b) ownership of more than fifty percent (50%) of the outstanding shares or
beneficial ownership of such entity. 2. Source Code
License.
2.1. The Initial Developer Grant.
The Initial Developer hereby grants You a world-wide, royalty-free,
non-exclusive license, subject to third party intellectual property claims:
(a) under intellectual property rights (other than patent or trademark)
Licensable by Initial Developer to use, reproduce, modify, display, perform,
sublicense and distribute the
Original Code (or
portions thereof) with or without Modifications, and/or as part of a Larger
Work; and
(b) under Patents Claims infringed by the making, using or selling of Original
Code, to make, have made, use, practice, sell, and offer for sale, and/or
otherwise dispose of the Original Code (or portions thereof).
(c) the licenses granted in this Section 2.1(a) and (b) are effective on the
date Initial Developer first distributes Original Code under the terms of this
License.
(d) Notwithstanding Section 2.1(b) above, no patent license is granted: 1) for
code that You delete from the Original Code; 2) separate from the Original
Code; or 3) for infringements caused by: i) the
modification of the Original Code or ii) the combination of the Original Code
with other software or devices.
2.2. Contributor Grant.
Subject to third party intellectual property claims, each Contributor hereby
grants You a world-wide, royalty-free, non-exclusive license
(a) under intellectual property rights (other than patent or trademark)
Licensable by Contributor, to use, reproduce, modify, display, perform,
sublicense and distribute the Modifications created by
such Contributor (or portions thereof) either on an unmodified basis, with
other Modifications, as Covered Code and/or as part of a Larger Work; and
(b) under Patent Claims infringed by the making, using, or selling of
Modifications made by that Contributor either alone and/or in combination with
its Contributor Version (or portions of such
combination), to make, use, sell, offer for sale, have made, and/or otherwise
dispose of: 1) Modifications made by that Contributor (or portions thereof);
and 2) the combination of
Modifications made by that Contributor with its Contributor Version (or
portions of such combination).
(c) the licenses granted in Sections 2.2(a) and 2.2(b) are effective on the
date Contributor first makes Commercial Use of the Covered Code.
(d) Notwithstanding Section 2.2(b) above, no patent license
is granted: 1) for any code that Contributor has deleted from the Contributor
Version; 2) separate from the Contributor Version; 3) for
infringements caused by: i) third party modifications of Contributor Version or
ii) the combination of Modifications made by that Contributor with other
software (except as part of the Contributor
Version) or other devices; or 4) under Patent Claims infringed by Covered Code
in the absence of Modifications made by that Contributor. 3.
Distribution Obligations.
3.1. Application of License.
The Modifications which You create or to which You contribute are governed by
the terms of this License, including without limitation Section 2.2. The Source
Code version of Covered Code may be distributed
only under the terms of this License or a future version of this License
released under Section 6.1, and You must include a copy of this License with
every copy of the Source Code You distribute.
You may not offer or impose any terms on any Source Code version that alters or
restricts the applicable version of this License or the recipients' rights
hereunder. However, You may include an additional document offering the
additional rights described in Section 3.5.
3.2. Availability of Source Code.
Any Modification which You create or to which You contribute must be made
available in Source Code form under the terms of this License either on the
same media as an Executable version or via an accepted Electronic Distribution
Mechanism to anyone to whom you made an Executable version available; and if
made available via Electronic Distribution Mechanism, must remain available for
at least twelve (12) months after the date it initially became available, or at
least six (6) months after a subsequent version of that particular Modification
has been made available to such recipients. You are responsible for ensuring
that the Source Code version remains available even if the Electronic
Distribution Mechanism is maintained by a third party.
3.3. Description of Modifications.
You must cause all Covered Code to which You contribute to contain a file
documenting the changes You made to create that Covered Code and the date of
any change. You must include a prominent statement that the Modification is
derived, directly or indirectly, from Original Code provided
by the Initial Developer and including the name of the Initial Developer in (a)
the Source Code, and (b) in any notice in an Executable version or related
documentation in which You describe the origin or ownership of the Covered
Code.
3.4. Intellectual Property Matters
(a) Third Party Claims.
If Contributor has knowledge that a license under a third party's intellectual
property rights is required to exercise the rights granted by such Contributor
under Sections 2.1 or 2.2, Contributor must include a text file with the Source
Code distribution titled "LEGAL" which describes the claim and the
party making the claim in sufficient detail that a recipient will know whom to
contact. If Contributor obtains such knowledge after the Modification is made
available as described in Section 3.2, Contributor shall promptly modify the
LEGAL file in all copies Contributor makes available thereafter and shall take
other steps (such as notifying appropriate mailing lists or newsgroups) reasonably
calculated to inform those who received the Covered Code that new knowledge has
been obtained.
(b) Contributor APIs.
If Contributor's Modifications include an application programming interface and
Contributor has knowledge of patent licenses which are reasonably necessary to
implement that API, Contributor must also include this information in the LEGAL
file.
(c) Representations.
Contributor represents that, except as disclosed pursuant to Section 3.4(a)
above, Contributor believes that Contributor's Modifications are Contributor's
original creation(s) and/or Contributor has sufficient rights to grant the
rights conveyed by this License.
3.5. Required Notices.
You must duplicate the notice in Exhibit A in each file of the Source
Code. If it is not possible to put such notice in a particular Source
Code file due to its structure, then You must include such notice in a location
(such as a relevant directory) where a user would be likely to look for such a
notice. If You created one or more Modification(s) You may add your name
as a Contributor to the notice described in Exhibit A. You must also
duplicate this License in any documentation for the Source Code where You
describe recipients' rights or ownership rights relating to Covered Code.
You may choose to offer, and to charge a fee for, warranty, support, indemnity
or liability obligations to one or more recipients of Covered Code. However,
You may do so only on Your own behalf, and not on behalf of the Initial
Developer or any Contributor. You must make it absolutely clear than any such
warranty, support, indemnity or liability obligation is offered by You alone,
and You hereby agree to indemnify the Initial Developer and every Contributor
for any liability incurred by the Initial Developer or such Contributor as a
result of warranty, support, indemnity or liability terms You offer.
3.6. Distribution of Executable Versions.
You may distribute Covered Code in Executable form only if
the requirements of Section 3.1-3.5 have been met for that Covered Code, and if
You include a notice stating that the Source Code version of the Covered Code
is available under the terms of this License, including a description of how
and where You have fulfilled the obligations of Section 3.2. The notice must be
conspicuously included in any notice in an Executable version, related
documentation or collateral in which You describe recipients' rights relating
to the Covered Code. You may distribute the Executable version of Covered Code
or ownership rights under a license of Your choice, which may contain terms
different from this License, provided that You are in compliance with the terms
of this License and that the license for the Executable version does not
attempt to limit or alter the recipient's rights in the Source Code version
from the rights set forth in this License. If You distribute the Executable
version under a different license You must make it absolutely clear that any
terms which differ from this License are offered by You alone, not by the
Initial Developer or any Contributor. You hereby agree to indemnify the Initial
Developer and every Contributor for any liability incurred by the Initial
Developer or such Contributor as a result of any such terms You offer.
3.7. Larger Works.
You may create a Larger Work by combining Covered Code with other code not
governed by the terms of this License and distribute the Larger Work as a
single product. In such a case, You must make sure the requirements of this
License are fulfilled for the Covered Code. 4.
Inability to Comply Due to Statute or Regulation.
If it is impossible for You to comply with any of the terms of this License
with respect to some or all of the Covered Code due to statute, judicial order,
or regulation then You must: (a) comply with the terms of this License to the
maximum extent possible; and (b) describe the limitations and the code they
affect. Such description must be included in the LEGAL file described in
Section 3.4 and must be included
with all distributions of the Source Code. Except to the extent prohibited by
statute or regulation, such description must be sufficiently detailed for a
recipient of ordinary skill to be able to understand
it. 5.
Application of this License.
This License applies to code to which the Initial Developer has attached the
notice in Exhibit A and to related Covered Code. 6. Versions
of the License.
6.1. New Versions.
Netscape Communications Corporation ("Netscape") may publish revised
and/or new versions of the License from time to time. Each version will be
given a distinguishing version number.
6.2. Effect of New Versions.
Once Covered Code has been published under a particular version of the License,
You may always continue to use it under the terms of that version. You may also
choose to use such Covered Code under the terms of any subsequent version of
the License published by Netscape. No one other than
Netscape has the right to modify the terms applicable to Covered Code created
under this License.
6.3. Derivative Works.
If You create or use a modified version of this License (which you may only do
in order to apply it to code which is not already Covered Code governed by this
License), You must (a) rename Your license so that the phrases
"Mozilla", "MOZILLAPL", "MOZPL",
"Netscape", "MPL", "NPL" or any confusingly
similar phrase do not appear in your license (except to note that your license
differs from this License) and (b) otherwise make it clear that Your version of
the license contains terms which differ from the Mozilla Public License and
Netscape Public License. (Filling in the name of the Initial Developer,
Original Code or Contributor in the notice described in Exhibit A shall not of
themselves be deemed to be modifications of this License.) 7.
DISCLAIMER OF WARRANTY. COVERED
CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE,
FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE
QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED
CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY
OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR
CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS
LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
DISCLAIMER. 8.
TERMINATION.
8.1. This License and the rights granted hereunder will terminate
automatically if You fail to comply with terms herein and fail to cure such
breach within 30 days of becoming aware of the breach. All sublicenses to the
Covered Code which are properly granted shall survive any termination of this
License. Provisions which, by their nature, must remain in effect beyond the
termination of this License shall survive.
8.2. If You initiate litigation by asserting a patent infringement claim
(excluding declatory judgment actions) against Initial Developer or a
Contributor (the Initial Developer or Contributor against whom
You file such action is referred to as "Participant") alleging
that:
(a) such Participant's Contributor Version directly or indirectly
infringes any patent, then any and all rights granted by such Participant to
You under Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice
from Participant terminate prospectively, unless if within 60 days after
receipt of notice You either: (i) agree in writing to pay Participant a
mutually agreeable reasonable royalty for Your past and future use of
Modifications made by such Participant, or (ii) withdraw Your litigation claim
with respect to the Contributor Version against such Participant. If
within 60 days of notice, a reasonable royalty and payment arrangement are not
mutually agreed upon in writing by the parties or the litigation claim is not
withdrawn, the rights granted by Participant to You under Sections 2.1 and/or
2.2 automatically terminate at the expiration of the 60 day notice period
specified above.
(b) any software, hardware, or device, other than such Participant's
Contributor Version, directly or indirectly infringes any patent, then any
rights granted to You by such Participant under Sections 2.1(b) and 2.2(b) are
revoked effective as of the date You first made, used, sold, distributed, or
had made, Modifications made by that Participant.
8.3. If You assert a patent infringement claim against Participant
alleging that such Participant's Contributor Version directly or indirectly
infringes any patent where such claim is resolved (such as by license
or settlement) prior to the initiation of patent infringement litigation, then
the reasonable value of the licenses granted by such Participant under Sections
2.1 or 2.2 shall be taken into account in determining the amount or value of
any payment or license.
8.4. In the event of termination under Sections 8.1 or 8.2 above, all end
user license agreements (excluding distributors and resellers) which have been
validly granted by You or any distributor hereunder prior to termination shall
survive termination. 9.
LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL
DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE,
OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR
ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL,
WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. 10. U.S.
GOVERNMENT END USERS.
The Covered Code is a "commercial item," as that term is defined in
48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer
software" and "commercial computer software documentation," as
such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R.
12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S.
Government End Users acquire Covered Code with only those rights set forth
herein. 11.
MISCELLANEOUS.
This License represents the complete agreement concerning subject matter
hereof. If any provision of this License is held to be unenforceable, such
provision shall be reformed only to the extent necessary to make it
enforceable. This License shall be governed by California law provisions
(except to the extent applicable law, if any, provides otherwise), excluding
its conflict-of-law provisions. With respect to disputes in which at least one
party is a citizen of, or an entity chartered or registered to do business in
the United States of America, any litigation relating to this License shall be
subject to the jurisdiction of the Federal Courts of the Northern District of
California, with venue lying in Santa Clara County, California, with the losing
party responsible for costs, including without limitation, court costs and
reasonable attorneys' fees and expenses. The application of the United Nations
Convention on Contracts for the International Sale of Goods is expressly
excluded. Any law or regulation which provides that the language of a contract
shall be construed against the drafter shall not apply to this License. 12.
RESPONSIBILITY FOR CLAIMS.
As between Initial Developer and the Contributors, each party is responsible
for claims and damages arising, directly or indirectly, out of its utilization
of rights under this License and You agree to work with Initial Developer and
Contributors to distribute such responsibility on an equitable basis. Nothing
herein is intended or shall be deemed to constitute any admission of liability. 13.
MULTIPLE-LICENSED CODE.
Initial Developer may designate portions of the Covered Code as
"Multiple-Licensed". "Multiple-Licensed" means that
the Initial Developer permits you to utilize portions of the Covered Code under Your choice
of the NPL or the alternative licenses, if any, specified by the Initial
Developer in the file described in Exhibit A. EXHIBIT A
-Mozilla Public License.
``The contents of this file are subject to the Mozilla Public License Version
1.1 (the "License"); you may not use this file except in compliance
with the License. You may obtain a copy of the License at http://www.mozilla.org/MPL/ Software
distributed under the License is distributed on an "AS IS" basis,
WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for
the specific language governing rights and limitations under the License.
The Original Code is ______________________________________.
The Initial Developer of the Original Code is ________________________.
Portions created by ______________________ are Copyright (C) ______
_______________________. All Rights Reserved.
Contributor(s): ______________________________________.
Alternatively, the contents of this file may be used under the terms of the
_____ license (the "[___] License"), in which case the
provisions of [______] License are applicable instead of those above. If
you wish to allow use of your version of this file only under the terms of the
[____] License and not to allow others to use your version of this file under
the MPL, indicate your decision by deleting the provisions above and
replace them with the notice and other provisions required by the [___]
License. If you do not delete the provisions above, a recipient may use
your version of this file under
either the MPL or the [___] License."
[NOTE: The text of this Exhibit A may differ slightly from the text of the
notices in the Source Code files of the Original Code. You should use the text
of this Exhibit A rather than the text found in the Original
Code Source Code for Your Modifications.] SYNAPSE LICENSE Copyright
(c)1999-2002, Lukas Gebauer, All rights
reserved. Redistribution
and use in source and binary forms, with or without modification, are permitted
provided that the following conditions are met:
Redistributions
of source code must retain the above copyright notice, this list of
conditions
and the following
disclaimer.
Redistributions
in binary form must reproduce the above copyright notice, this list of
conditions and the following disclaimer in the documentation and/or
other
materials provided with the
distribution.
Neither
the
name of Lukas Gebauer nor the names of its contributors may be used to
endorse
or promote products derived from this software without specific prior
written
permission.
THIS
SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS
IS" AND ANY
EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
DISCLAIMED. IN NO EVENT SHALL THE REGENTS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND
ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
STRICT LIABILITY,
OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE
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