Vous êtes sur la page 1sur 2

END-USER SOFTWARE LICENSE AGREEMENT ("License")

IMPORTANT YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND RESTRICTIONS BEFORE INSTALLATION OR USE OF ANY SOFTWARE PROGRAMS. INSTALLATION OR USE OF SUCH SOFTWARE PROGRAMS SHALL BE DEEMED TO CONFIRM YOUR ACCEPTANCE OF THESE TERMS AND RESTRICTIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND RESTRICTIONS, YOU MUST PROMPTLY RETURN ALL SUCH SOFTWARE AND HARDWARE PRODUCTS AND ANY FEES YOU HAVE PAID FOR SUCH PRODUCTS WILL BE REFUNDED. 1. LICENSE Subject to the terms and restrictions set forth in this License, Redline Communications Inc. (Redline) grants you a non-exclusive, non-transferable (except as expressly permitted below), non-licensable license to use the software programs (Programs) delivered to you solely in connection with the use of Redlines hardware products. 2. COPYRIGHT The Programs, and all related documentation, are protected by copyright and title to all programs is retained by Redline. You may not copy or otherwise use the Programs, in whole or part, except as expressly permitted in this License. You must reproduce and maintain the copyright notice on any copy you make or use of the Programs. 3. RESTRICTIONS ON USE AND TRANSFER The Programs may be used solely in conjunction with Redlines hardware products and may be copied solely for installation and back-up purposes in support of your use of such hardware products. You may not modify the Programs in any manner without the prior written approval of Redline. You may physically transfer the Programs and this License to another party only if (i) all related hardware products are transferred along with the Programs, (ii) the other party accepts the terms and restrictions of this License, (iii) all copies of Programs and related documentation that are not transferred to the other
70-00018-00-01

party are destroyed or returned, and (iv) you comply with all applicable laws including any import/export control regulations. 4. LIMITED NON-TRANSFERABLE WARRANTY Redline warrants to you (and only you) that any magnetic diskettes on which the Programs are recorded will be free from defects in materials and workmanship under normal use for a period of one hundred and twenty (120) days from the date the Programs are delivered to you. If a defect in any such diskette should occur during this 120-day period, the diskette may be returned to Redline, and Redline will replace the diskette without charge to you. Redline shall have no responsibility to replace diskettes if the failure of diskettes results from accident, abuse or misuse of the diskettes. All warranties described herein are not transferable. Redline does not warrant that the functions contained in the Programs will meet your requirements or that the operation of the Programs will be uninterrupted or error-free. THE PROGRAMS ARE PROVIDED TO YOU AS IS WITH NO WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, NO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This limited warranty gives you specific legal rights, and you may also have other rights, which vary from jurisdiction to jurisdiction. 5. LIMITATION OF LIABILITY Your exclusive remedy and the entire liability of Redline related to the Programs shall be expressly limited to replacement of diskettes as provided above. In no event will Redline or anyone else who has been involved in the creation, production, or delivery of the Programs be liable for any damages, including any direct, incidental or consequential damages, including without

Proprietary Redline Communications 2005 Page 1 of 2

March 2005

limitation, loss of anticipated profits or benefits, resulting from the use of the Programs, even if they have been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

6. TERM The License is effective until terminated. You may terminate this License at any time by destroying all copies of the Programs and related documentation. This License will terminate automatically if you fail to comply with any term or condition of this License, including any attempt to transfer a copy of the Programs to another party except as provided in this License. You agree upon such termination, you will destroy all copies of the Programs and related documentation. 7. CONFIDENTIALITY You agree that the source code applicable to the Programs is confidential and proprietary to Redline. Accordingly, you may not and you agree that you will not de-compile, reverse engineer or otherwise manipulate the Programs so as to derive such source code. 8. U.S. GOVERNMENT RESTRICTED RIGHTS If you are acquiring the Programs on behalf of the U.S. Government, the following provisions apply: (i)

if the Programs are supplied to the Department of Defense or any related agency of service, the Programs are subject to restricted rights as that term is defined in Defense Federal Acquisition Regulations (DFAR) in Section 252.2277013(c)(1); and (ii) if the Programs are supplied to any other unit or agency of the United States Government, the Programs are considered restricted computer software an the Governments rights in the Programs are set forth in the Federal Acquisition Regulations (FAR) in Section 52.227-19(c)(2). Use, duplication or disclosure by the Government is subject to the restrictions set forth in such sections. The Contractor for the Programs is REDLINE COMMUNICATIONS INC., 90 Tiverton Court, Suite 102, Markham, ON L3R 9V2, Canada. YOUR USE OF THESE PROGRAMS ACKNOWLEDGES THAT YOU HAVE READ THIS END-USER SOFTWARE LICENSE, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND RESTRICTIONS. YOU FURTHER AGREE THAT THIS LICENSE IS THE COMPLETE AND EXCLUSIVE STATEMENT OF YOUR AGREEMENT WITH REDLINE AND SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATTER OF THIS LICENSE.

302 Town Centre Suite 100 Markham, Ontario Canada L3R 0E8 www.redlinecommunications.com
Copyright 2005 Redline Communications Inc. All rights reserved. The information in this document is subject to change without notice. The statements, configurations, technical data, and recommendations in this document are believed to be accurate and reliable, but are presented without express or implied warranty. Users must take full responsibility for their applications of any products specified in this document. The information in this document is proprietary to Redline Communications Inc.

70-00018-00-01

Proprietary Redline Communications 2005 Page 2 of 2

March 2005

Vous aimerez peut-être aussi