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1999-08-10
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License Terms for pdQsuite Version 1.0
QUALCOMM Incorporated
NOTICE: PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (the "License")
CAREFULLY BEFORE USING THE SOFTWARE. BY USING THE SOFTWARE, YOU ARE
AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS STATED BELOW. IF YOU
DO NOT AGREE WITH THE TERMS OF THIS LICENSE, PROMPTLY DESTROY ALL
COPIES OF THE SOFTWARE IN YOUR POSSESSION. THE SOFTWARE IS NOT FOR
RESALE.
1. Grant of License. QUALCOMM Incorporated ("QUALCOMM") grants to the
end user ("Licensee") a non-exclusive, non-transferable limited
license to use the pdQsuite 30-Day Trialware version or the
pdQsuite non-expiring version (collectively the "Software") and its
related documentation in accordance with this License.
2. Restrictions. This License sets forth the terms and conditions
governing the use of the Software. Licensee may not commercially
distribute, sublicense, resell, or otherwise transfer for any
consideration, or reproduce for any such purposes, either the
Software or any modification or derivation thereof, either alone or
in conjunction with any other product or program. Further, the
Licensee may not, nor permit anyone else to, decompile, reverse
engineer, disassemble or otherwise reduce the Software to a human
perceivable form, or to modify, network, rent, lease, loan,
distribute, or create derivative works based upon the Software in
whole or in part. Notwithstanding, if the Software is lawfully
acquired outside of the United States within a jurisdiction which
is a member of European Economic Community (EEC) subject to the EEC
Council Directive of May 14, 1991, Licensee agrees that within that
jurisdiction Licensee shall not, and shall not allow any party on
Licensee's behalf, to attempt to reverse engineer or decompile the
Software into another computer language, except as expressly and
specifically provided in the EEC Council Directive of May 14, 1991.
Any and all information obtained during such lawful reverse
engineering and/or decompiling activities, including but not
limited to, the organization, logic, algorithms and processes of
the Software, shall be deemed to be the confidential and
proprietary information of QUALCOMM or its licensors. The entire
right, title and interest in the Software shall remain with
QUALCOMM. The Software contains copyrighted material, trade
secrets and other proprietary material, and Licensee shall not
remove any copyright notices or other legends from the Software or
any accompanying documentation.
3. Technical Support. Licensee may purchase a registration number at
<www.pdQsuite.com> in order to disable the time-expiring function
of the 30-Day Trialware version of the Software and receive six (6)
months of technical support via telephone or electronic mail.
Upgrades to the Software and its documentation will be made
available at no additional cost to Licensee for thirty (30) days
following the date of registration. Licensee's access to technical
support for the Software shall be subject to Licensee's compliance
with QUALCOMM's instructions for accessing such support and
standard verification procedures.
4. Export Law Assurances. Licensee agrees and certifies that neither
the Software nor the direct product thereof will be exported
outside the United States except as authorized and as permitted by
the laws and regulations of the United States. If the Software has
been rightfully obtained by Licensee outside of the United States,
Licensee agrees not to re-export the Software nor the direct
product thereof except as permitted by the laws and regulations of
the United States and the laws and regulations of the jurisdiction
in which Licensee obtained the Software.
5. Termination. This License is effective until terminated. Licensee
may terminate this License at any time by destroying all copies of
the Software and its documentation. This License will terminate
immediately without notice from QUALCOMM if Licensee fails to
comply with any provision contained herein. In the event of such
termination, Licensee must destroy all copies of the Software and
its documentation.
6. Disclaimer of Warranty. LICENSEE EXPRESSLY ACKNOWLEDGES AND AGREES
THAT THE USE OF THE SOFTWARE AND ITS DOCUMENTATION IS AT LICENSEE'S
SOLE RISK. THE SOFTWARE, DOCUMENTATION AND ANY TECHNICAL SUPPORT
OR UPGRADES ARE PROVIDED ''AS IS'' AND WITHOUT WARRANTY OF ANY
KIND. QUALCOMM EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, WITH RESPECT TO THE SOFTWARE AND/OR ASSOCIATED MATERIALS,
INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. QUALCOMM
DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL
MEET LICENSEE'S REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE
WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE
SOFTWARE WILL BE CORRECTED. FURTHERMORE, QUALCOMM DOES NOT WARRANT
OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE
USE OF THE SOFTWARE OR ANY DOCUMENTATION PROVIDED THEREWITH IN
TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO
ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY QUALCOMM OR A
QUALCOMM AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN
ANY WAY INCREASE THE SCOPE OF ANY WARRANTY. QUALCOMM does not
guaranty that the Software (or any similar product) will be
available in the future.
7. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED UNDER
APPLICABLE LAWS, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE,
SHALL QUALCOMM, ITS AFFILIATES OR THEIR DIRECTORS, OFFICERS,
EMPLOYEES OR AGENTS BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR PROPERTY DAMAGE,
PERSONAL INJURY, INTELLECTUAL PROPERTY INFRINGEMENT, LOSS OF
BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS
INFORMATION, ETC.) ARISING OUT OF THE USE OR INABILITY TO USE THE
SOFTWARE OR ITS DOCUMENTATION, EVEN IF QUALCOMM OR ITS AUTHORIZED
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY.
8. No Waiver or Assignment. No delay or failure to take action under
this License will constitute a waiver unless expressly waived in
writing, signed by a duly authorized representative of QUALCOMM,
and no single waiver will constitute a continuing or subsequent
waiver. This License may not be assigned, sublicensed or otherwise
transferred by Licensee, by operation of law or otherwise, without
QUALCOMM's prior written consent, provided that Licensee may assign
this License upon written notice to QUALCOMM in instances in which
such assignment is to an entity which acquires all or substantially
all of the business of Licensee, whether by merger, consolidation,
or acquisition of assets.
9. Controlling Law and Severability. This License shall be governed
by and construed in accordance with the laws of the United States
and the State of California, excluding the U.N. Convention on
International Sale of Goods, and without regard to conflict of laws
principles. All disputes arising in connection therewith shall be
heard only by a court of competent jurisdiction in San Diego
County, California, and the prevailing party in any legal
proceeding shall be entitled to recover its reasonable attorneys'
fees incurred in connection therewith. If for any reason a court of
competent jurisdiction finds any provision of this License, or
portion thereof, to be unenforceable, that provision of the License
shall be enforced to the maximum extent permissible so as to effect
the intent of the parties, and the remainder of this License shall
continue in full force and effect.
10. Entire Agreement. This License constitutes the entire agreement
between the parties with respect to the use of the Software and
its documentation, and supersedes all prior or contemporaneous
understandings or agreements, written or oral, regarding such
subject matter. Any additional or different terms or conditions
proposed by Licensee are hereby rejected and shall be of no force
and effect unless expressly agreed to in writing by QUALCOMM. No
amendment to or modification of this License will be binding
unless in writing and signed by a duly authorized representative
of QUALCOMM.
Copyright (c)1999 QUALCOMM Incorporated. All rights reserved.
QUALCOMM is a registered trademark and registered service mark and pdQ
and pdQsuite are trademarks of QUALCOMM Incorporated. All other
trademarks and service marks are the property of their respective
owners.