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License.txt
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2000-03-08
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EUDORA VERSION 4.3 SOFTWARE LICENSE AGREEMENT
QUALCOMM INCORPORATED ("QUALCOMM") IS WILLING TO LICENSE
VERSION 4.3 OF ITS EUDORA« SOFTWARE AND THE ACCOMPANYING
DOCUMENTATION (THE "SOFTWARE") TO YOU ONLY ON THE CONDITION
THAT YOU ACCEPT ALL OF THE TERMS IN THIS AGREEMENT. PLEASE
READ THE TERMS CAREFULLY. BY CLICKING ON THE "YES" BUTTON
BELOW YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT,
UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND
CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, QUALCOMM IS
UNWILLING TO LICENSE THE SOFTWARE TO YOU. YOU SHOULD CLICK
ON THE "NO" BUTTON TO DISCONTINUE THE INSTALLATION PROCESS.
1. LICENSE. Qualcomm hereby grants you a nonexclusive
license to install and use the Software in machine-
readable form on a single computer for use by a single
individual. You may copy the Software only for backup
purposes, provided that you reproduce all copyright and
other proprietary notices that are on the original copy
of the Software.
2. RESTRICTIONS. Qualcomm retains all right, title, and
interest in and to the Software, and any rights not
granted to you herein are reserved by Qualcomm. You may
not reverse engineer, disassemble, decompile, or
translate the Software, or otherwise attempt to derive
the source code of the Software, except to the extent
allowed under any applicable law. If applicable law
permits such activities, any information so discovered
must be promptly disclosed to Qualcomm and shall be
deemed to be the confidential proprietary information of
Qualcomm. Any attempt to transfer any of the rights,
duties or obligations hereunder is void. You may not
rent, lease, loan, or resell for profit the Software, or
any part thereof. You may not reproduce, distribute,
publicly perform or publicly display the Software except
as expressly permitted under Section 1, and you may not
create derivative works of the Software.
3. PRIVACY STATEMENT. The Eudora Privacy Statement found
online at <http://www.eudora.com/privacy>, is
incorporated herein by reference.
4. SUPPORT. Registered users of the Software are entitled
to Qualcomm's standard support services, as such services
are modified from time to time in Qualcomm's discretion.
5. NO WARRANTY. THE SOFTWARE IS PROVIDED "AS IS" AND
WITHOUT ANY WARRANTY OR CONDITION, WHETHER EXPRESS,
IMPLIED OR STATUTORY. Some jurisdictions do not allow
the disclaimer of implied warranties, so the foregoing
disclaimer may not apply to you. This warranty gives you
specific legal rights and you may also have other legal
rights which vary from state to state.
6. LIMITATION OF LIABILITY. IN NO EVENT WILL QUALCOMM OR
ITS SUPPLIERS BE LIABLE FOR FOR ANY LOST PROFITS OR OTHER
CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES (HOWEVER
ARISING, INCLUDING NEGLIGENCE) IN CONNECTION WITH THE
SOFTWARE OR THIS AGREEMENT, EVEN IF QUALCOMM HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event
will Qualcomm's liability in connection with the
Software, regardless of the form of action, exceed $100.
Some jurisdictions do not allow the foregoing limitations
of liability, so the foregoing limitations may not apply
to you.
7. TERM AND TERMINATION. This Agreement shall continue
until terminated. You may terminate the Agreement at any
time by deleting all copies of the Software. This license
terminates automatically if you violate any terms of the
Agreement. Upon termination you must promptly delete all
copies of the Software. Sections 2, 5, 6, 10 and 11
shall survive termination.
8. EXPORT. You may not download or otherwise export or
re-export the Software except in full compliance with all
applicable laws and regulations. By accepting this
agreement you represent and warrant that you: (a)
understand that the Software is subject to export
controls under the EAR, (b) are not located in a
prohibited destination country under the EAR or U.S.
sanctions regulations (currently Cuba, Iran, Iraq, Libya,
North Korea, Sudan, Syria, the Federal Republic of
Yugoslavia (including Serbia but not Kosovo or
Montenegro), and Taliban controlled areas of
Afghanistan), (c) are not a Denied Party, Specially
Designated National, or other person or entity prohibited
from receiving exports / re-exports by U.S. law; and (d)
will not export, re-export, or transfer the Software to
any prohibited destination entity or individual without
the necessary export license(s) or authorization(s) from
the U.S. Government.
9. CONTRACTING PARTIES. If the Software is installed on
computers owned by a corporation or other legal entity,
then this Agreement is formed by and between Qualcomm and
such entity. The individual executing this Agreement
represents and warrants to Qualcomm that they have the
authority to bind such entity to the terms and conditions
of this Agreement.
10. INDEMNITY. You agree to defend and indemnify QUALCOMM
Incorporated against all claims, losses, liabilities,
damages, costs and expenses, including attorney's fees,
which QUALCOMM may incur in connection with your breach
of this Agreement.
11. GENERAL. The Software is a "commercial item." This
Agreement is governed and interpreted in accordance with
the laws of the State of California without giving effect
to its conflict of laws provisions. The United Nations
Convention on Contracts for the International Sale of
Goods is expressly disclaimed. Any claim arising out of
or related to this Agreement must be brought exclusively
in a federal or state court located in San Diego County,
California and you consent to the jurisdiction of such
courts. If any provision of this Agreement shall be
invalid, the validity of the remaining provisions of this
Agreement shall not be affected. This Agreement is the
entire and exclusive agreement between Qualcomm and you
with respect to the Software and supersedes all prior
agreements (whether written or oral) and other
communications between Qualcomm and you with respect to
the Software.
COPYRIGHT ⌐ 2000 BY QUALCOMM INCORPORATED. ALL RIGHTS
RESERVED.
QUALCOMM« IS A REGISTERED TRADEMARK AND REGISTERED SERVICE
MARK OF QUALCOMM INCORPORATED. EUDORA« AND EUDORA PRO« ARE
REGISTERED TRADEMARKS OF QUALCOMM INCORPORATED.
PUREVOICE(TM) IS A TRADEMARK OF QUALCOMM INCORPORATED. ALL
OTHER TRADEMARKS AND SERVICE MARKS ARE THE PROPERTY OF
THEIR RESPECTIVE OWNERS.
BY CLICKING ON THE "YES" BUTTON YOU ACKNOWLEDGE THAT YOU
HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE
BOUND BY ITS TERMS AND CONDITIONS.
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