eula.txt Driver File Contents (comftelset.exe)
Driver Package File Name: comftelset.exe
AUERSWALD GMBH & CO., KG
AUERSWALD(r) SOFTWARE LICENSE AGREEMENT
NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY. BY USING ALL OR ANY PORTION OF THE AUERSWALD SOFTWARE ("SOFTWARE") YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, IN PARTICULAR THE LIMITATIONS ON: USE CONTAINED IN SECTION 2; TRANSFERABILITY IN SECTION 4; WARRANTY IN SECTION 6; AND LIABILITY IN SECTION 7. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND ANY LEGAL ENTITY THAT OBTAINED THE SOFTWARE AND ON WHOSE BEHALF IT IS USED. IF YOU DO NOT AGREE, DO NOT USE THIS SOFTWARE. IF YOU ACQUIRED THE SOFTWARE ON TANGIBLE MEDIA (E.G. CD) WITHOUT AN OPPORTUNITY TO REVIEW THIS LICENSE AND YOU DO NOT ACCEPT THIS AGREEMENT, YOU MAY OBTAIN A REFUND OF ANY AMOUNT YOU ORIGINALLY PAID IF YOU: (A) DO NOT USE THE SOFTWARE AND (B) RETURN IT, WITH PROOF OF PAYMENT, TO THE LOCATION FROM WHICH IT WAS OBTAINED WITHIN THIRTY (30) DAYS OF THE PURCHASE DATE.
Auerswald and its suppliers own all intellectual property in the Software. Auerswald permits you to Use the Software only in accordance with the terms of this Agreement. Use of some third party materials included in the Software may be subject to other terms and conditions typically found in a separate license agreement or "Read Me" file located near such materials
"Software" means (a) all of the contents of the files, disk(s), CD-ROM(s) or other media with which this Agreement is provided, including but not limited to (i) Auerswald or third party computer information or software; (ii) related explanatory written materials or files ("Documentation"); and (iii) fonts; and (b) upgrades, modified versions, updates, additions, and copies of the Software, if any, licensed to you by Auerswald (collectively, "Updates"). "Use" or "Using" means to access, install, download, copy or otherwise benefit from using the functionality of the Software in accordance with the Documentation. "Permitted Number" means one (1) unless otherwise indicated under a valid license (e.g. volume license) granted by Auerswald. "Computer" means an electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions. "Auerswald" means Auerswald GmbH & Co., KG, Vor den Grashöfen 1, D-38162 Cremlingen.
2. Software License.
As long as you comply with the terms of this Software License Agreement (this "Agreement"), Auerswald grants to you a non-exclusive license to Use the Software for the purposes described in the Documentation.
2.1. General Use.
You may install and Use a copy of the Software on your compatible computer, up to the Permitted Number of computers.
2.2. Backup Copy.
You may make one backup copy of the Software, provided your backup copy is not installed or used on any computer. You may not transfer the rights to a backup copy unless you transfer all rights in the Software as provided under Section 4.
3. Intellectual Property Ownership, Copyright Protection.
The Software and any authorized copies that you make are the intellectual property of and are owned by Auerswald GmbH & Co., KG and its suppliers. The structure, organization and code of the Software are the valuable trade secrets and confidential information of Auerswald GmbH & Co., KG and its suppliers. The Software is protected by law and by international treaty provisions. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the Software and all rights not expressly granted are reserved by Auerswald and its suppliers.
You shall not copy the Software except as set forth in Section 2. Any copy of the Software that you make must contain the same copyright and other proprietary notices that appear on or in the Software.
4.2. No Modifications.
You shall not modify, adapt or translate the Software. You shall not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software except to the extent you may be expressly permitted to decompile under applicable law, it is essential to do so in order to achieve operability of the Software with another software program, and you have first requested Auerswald to provide the information necessary to achieve such operability and Auerswald has not made such information available. Auerswald has the right to impose reasonable conditions and to request a reasonable fee before providing such information. Any such information supplied by Auerswald and any information obtained by you by such permitted decompilation may only be used by you for the purpose described herein and may not be disclosed to any third party or used to create any software which is substantially similar to the expression of the Software. Requests for information should be directed to the Auerswald Customer Support Department.
You may not, rent, lease, sublicense, assign or transfer your rights in the Software, or authorize all or any portion of the Software to be copied onto another user's computer except as may be expressly permitted herein. You may, however, transfer all your rights to Use the Software to another person or legal entity provided that: (a) you also transfer (i) this Agreement, and (ii) the Software and all other software or hardware bundled or pre-installed with the Software, including all copies, Updates and prior versions, to such person or entity; (b) you retain no copies, including backups and copies stored on a computer; and (c) the receiving party accepts the terms and conditions of this Agreement and any other terms and conditions upon which you legally purchased a license to the Software. Notwithstanding the foregoing, you may not transfer education, pre-release, or not for resale copies of the Software.
If the Software is an Update to a previous version of the Software, you must possess a valid license to such previous version in order to Use such Update. All Updates are provided to you on a license exchange basis. You agree that by Using an Update you voluntarily terminate your right to use any previous version of the Software. As an exception, you may continue to Use previous versions of the Software on your Computer after you Use the Update buy only to assist you in the transition to the Update, provided that: (a) the Update and the previous versions are installed on the same computer; (b) the previous versions or copies thereof are not transferred to another party or Computer unless all copies of the Update are also transferred to such party or Computer; and (c) you acknowledge that any obligation Auerswald may have to support the previous versions of the Software may be ended upon availability of the Update.
6. NO WARRANTY.
The Software is being delivered to you "AS IS" and Auerswald makes no warranty as to its use or performance. AUERSWALD AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, AUERSWALD AND ITS SUPPLIERS MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. The provisions of Section 6 and Section 7 shall survive the termination of this Agreement, howsoever caused, but this shall not imply or create any continued right to Use the Software after termination of this Agreement.
7. LIMITATION OF LIABILITY.
IN NO EVENT WILL AUERSWALD OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN AUERSWALD REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. AUERSWALD'S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY. Nothing contained in this Agreement limits Auerswald's liability to you in the event of death or personal injury resulting from Auerswald's negligence or for the tort of deceit (fraud). Auerswald is acting on behalf of its suppliers for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in this Agreement, but in no other respects and for no other purpose. For further information, please see the jurisdiction specific information at the end of this Agreement, if any, or contact Auerswald's Customer Support Department.
8. Governing Law.
This Agreement will be governed by and construed in accordance with the substantive laws in force in Germany. The respective courts of Braunschweig, Germany shall have non-exclusive jurisdiction over all disputes relating to this Agreement. This Agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
9. General Provisions.
If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of this Agreement, which shall remain valid and enforceable according to its terms. This Agreement shall not prejudice the statutory rights of any party dealing as a consumer. This Agreement may only be modified by a writing signed by an authorized officer of Auerswald. Updates may be licensed to you by Auerswald with additional or different terms. This is the entire agreement between Auerswald and you relating to the Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software.
10. Pre-release Product Additional Terms.
If the product you have received with this license is pre-commercial release or beta Software ("Pre-release Software"), then the following Section applies. To the extent that any provision in this Section is in conflict with any other term or condition in this Agreement, this Section shall supercede such other term(s) and condition(s) with respect to the Pre-release Software, but only to the extent necessary to resolve the conflict. You acknowledge that the Software is a pre-release version, does not represent final product from Auerswald, and may contain bugs, errors and other problems that could cause system or other failures and data loss. Consequently, the Pre-release Software is provided to you "AS-IS", and Auerswald disclaims any warranty or liability obligations to you of any kind. WHERE LIABILITY CANNOT BE EXCLUDED FOR PRE-RELEASE SOFTWARE, BUT IT MAY BE LIMITED, AUERSWALD'S LIABILITY AND THAT OF ITS SUPPLIERS SHALL BE LIMITED TO THE SUM OF FIFTY EURO (50 EURO) IN TOTAL. You acknowledge that Auerswald has not promised or guaranteed to you that Pre-release Software will be announced or made available to anyone in the future, Auerswald has no express or implied obligation to you to announce or introduce the Pre-release Software and that Auerswald may not introduce a product similar to or compatible with the Pre-release Software. Accordingly, you acknowledge that any research or development that you perform regarding the Pre-release Software or any product associated with the Pre-release Software is done entirely at your own risk. During the term of this Agreement, if requested by Auerswald, you will provide feedback to Auerswald regarding testing and use of the Pre-release Software, including error or bug reports. You agree that you may not and certify that you will not sublicense, lease, loan, rent, assign or transfer the Pre-release Software. Upon receipt of a later unreleased version of the Pre-release Software or release by Auerswald of a publicly released commercial version of the Software, whether as a stand-alone product or as part of a larger product, you agree to return or destroy all earlier Pre-release Software received from Auerswald and to abide by the terms of the license agreement for any such later versions of the Pre-release Software.
If you have any questions regarding this Agreement or if you wish to request any information from Auerswald please use the address and contact information included with this product to contact the Auerswald office serving your jurisdiction.
Sun Microsystems, Inc.
Binary Code License Agreement
JAVATM 2 RUNTIME ENVIRONMENT (J2RE), STANDARD EDITION,
SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE THE
SOFTWARE IDENTIFIED BELOW TO YOU ONLY UPON THE CONDITION
THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS BINARY
CODE LICENSE AGREEMENT AND SUPPLEMENTAL LICENSE TERMS
(COLLECTIVELY "AGREEMENT"). PLEASE READ THE AGREEMENT
CAREFULLY. BY DOWNLOADING OR INSTALLING THIS SOFTWARE, YOU
ACCEPT THE TERMS OF THE AGREEMENT. INDICATE ACCEPTANCE BY
SELECTING THE "ACCEPT" BUTTON AT THE BOTTOM OF THE
AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY ALL THE
TERMS, SELECT THE "DECLINE" BUTTON AT THE BOTTOM OF THE
AGREEMENT AND THE DOWNLOAD OR INSTALL PROCESS WILL NOT
1.DEFINITIONS. "Software" means the identified above in
binary form, any other machine readable materials
(including, but not limited to, libraries, source files,
header files, and data files), any updates or error
corrections provided by Sun, and any user manuals,
programming guides and other documentation provided to you
by Sun under this Agreement. "Programs" mean Java applets
and applications intended to run on the Java 2 Platform,
Standard Edition (J2SETM platform) platform on Java-enabled
general purpose desktop computers and servers.
2.LICENSE TO USE. Subject to the terms and conditions of
this Agreement, including, but not limited to the Java
Technology Restrictions of the Supplemental License Terms,
Sun grants you a non-exclusive, non-transferable, limited
license without license fees to reproduce and use
internally Software complete and unmodified for the sole
purpose of running Programs. Additional licenses for
developers and/or publishers are granted in the
Supplemental License Terms.
3.RESTRICTIONS. Software is confidential and copyrighted.
Title to Software and all associated intellectual property
rights is retained by Sun and/or its licensors. Unless
enforcement is prohibited by applicable law, you may not
modify, decompile, or reverse engineer Software. Licensee
acknowledges that Licensed Software is not designed or
intended for use in the design, construction, operation or
maintenance of any nuclear facility. Sun Microsystems, Inc.
disclaims any express or implied warranty of fitness for
such uses. No right, title or interest in or to any
trademark, service mark, logo or trade name of Sun or its
licensors is granted under this Agreement. Additional
restrictions for developers and/or publishers licenses are
set forth in the Supplemental License Terms.
4.LIMITED WARRANTY. Sun warrants to you that for a period
of ninety (90) days from the date of purchase, as evidenced
by a copy of the receipt, the media on which Software is
furnished (if any) will be free of defects in materials and
workmanship under normal use. Except for the foregoing,
Software is provided "AS IS". Your exclusive remedy and
Sun's entire liability under this limited warranty will be
at Sun's option to replace Software media or refund the fee
paid for Software. Any implied warranties on the Software
are limited to 90 days. Some states do not allow
limitations on duration of an implied warranty, so the
above may not apply to you. This limited warranty gives you
specific legal rights. You may have others, which vary from
state to state.
5.DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS
AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS,
REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED
WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE
EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY
6.LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY
LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR
ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT,
CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER
CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT
OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE,
EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. In no event will Sun's liability to you, whether
in contract, tort (including negligence), or otherwise,
exceed the amount paid by you for Software under this
Agreement. The foregoing limitations will apply even if
the above stated warranty fails of its essential purpose.
Some states do not allow the exclusion of incidental or
consequential damages, so some of the terms above may not
be applicable to you.
7.SOFTWARE UPDATES FROM SUN. You acknowledge that at your
request or consent optional features of the Software may
download, install, and execute applets, applications,
software extensions, and updated versions of the Software
from Sun ("Software Updates"), which may require you to
accept updated terms and conditions for installation. If
additional terms and conditions are not presented on
installation, the Software Updates will be considered part
of the Software and subject to the terms and conditions of
8.SOFTWARE FROM SOURCES OTHER THAN SUN. You acknowledge
that, by your use of optional features of the Software
and/or by requesting services that require use of the
optional features of the Software, the Software may
automatically download, install, and execute software
applications from sources other than Sun ("Other
Software"). Sun makes no representations of a relationship
of any kind to licensors of Other Software. TO THE EXTENT
NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS
LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA,
OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR
PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY
OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR
INABILITY TO USE OTHER SOFTWARE, EVEN IF SUN HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states do
not allow the exclusion of incidental or consequential
damages, so some of the terms above may not be applicable
9.TERMINATION. This Agreement is effective until
terminated. You may terminate this Agreement at any time
by destroying all copies of Software. This Agreement will
terminate immediately without notice from Sun if you fail
to comply with any provision of this Agreement. Either
party may terminate this Agreement immediately should any
Software become, or in either party's opinion be likely to
become, the subject of a claim of infringement of any
intellectual property right. Upon Termination, you must
destroy all copies of Software.
10.EXPORT REGULATIONS. All Software and technical data
delivered under this Agreement are subject to US export
control laws and may be subject to export or import
regulations in other countries. You agree to comply
strictly with all such laws and regulations and acknowledge
that you have the responsibility to obtain such licenses to
export, re-export, or import as may be required after
delivery to you.
11.TRADEMARKS AND LOGOS. You acknowledge and agree as
between you and Sun that Sun owns the SUN, SOLARIS, JAVA,
JINI, FORTE, and iPLANET trademarks and all SUN, SOLARIS,
JAVA, JINI, FORTE, and iPLANET-related trademarks, service
marks, logos and other brand designations ("Sun Marks"),
and you agree to comply with the Sun Trademark and Logo
Usage Requirements currently located at
http://www.sun.com/policies/trademarks. Any use you make of
the Sun Marks inures to Sun's benefit.
12.U.S. GOVERNMENT RESTRICTED RIGHTS. If Software is being
acquired by or on behalf of the U.S. Government or by a
U.S. Government prime contractor or subcontractor (at any
tier), then the Government's rights in Software and
accompanying documentation will be only as set forth in
this Agreement; this is in accordance with 48 CFR 227.7201
through 227.7202-4 (for Department of Defense (DOD)
acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD
13.GOVERNING LAW. Any action related to this Agreement
will be governed by California law and controlling U.S.
federal law. No choice of law rules of any jurisdiction
14. SEVERABILITY. If any provision of this Agreement is
held to be unenforceable, this Agreement will remain in
effect with the provision omitted, unless omission would
frustrate the intent of the parties, in which case this
Agreement will immediately terminate.
15. INTEGRATION. This Agreement is the entire agreement
between you and Sun relating to its subject matter. It
supersedes all prior or contemporaneous oral or written
communications, proposals, representations and warranties
and prevails over any conflicting or additional terms of
any quote, order, acknowledgment, or other communication
between the parties relating to its subject matter during
the term of this Agreement. No modification of this
Agreement will be binding, unless in writing and signed by
an authorized representative of each party.
SUPPLEMENTAL LICENSE TERMS
These Supplemental License Terms add to or modify the terms
of the Binary Code License Agreement. Capitalized terms not
defined in these Supplemental Terms shall have the same
meanings ascribed to them in the Binary Code License
Agreement . These Supplemental Terms shall supersede any
inconsistent or conflicting terms in the Binary Code
License Agreement, or in any license contained within the
A.Software Internal Use and Development License Grant.
Subject to the terms and conditions of this Agreement,
including, but not limited to the Java Technology
Restrictions of these Supplemental Terms, Sun grants you a
non-exclusive, non-transferable, limited license without
fees to reproduce internally and use internally the
Software complete and unmodified for the purpose of
designing, developing, and testing your Programs.
B.License to Distribute Software. Subject to the terms and
conditions of this Agreement, including, but not limited to
the Java Technology Restrictions of these Supplemental
Terms, Sun grants you a non-exclusive, non-transferable,
limited license without fees to reproduce and distribute
the Software, provided that (i) you distribute the Software
complete and unmodified (unless otherwise specified in the
applicable README file) and only bundled as part of, and
for the sole purpose of running, your Programs, (ii) the
Programs add significant and primary functionality to the
Software, (iii) you do not distribute additional software
intended to replace any component(s) of the Software
(unless otherwise specified in the applicable README file),
(iv) you do not remove or alter any proprietary legends or
notices contained in the Software, (v) you only distribute
the Software subject to a license agreement that protects
Sun's interests consistent with the terms contained in this
Agreement, and (vi) you agree to defend and indemnify Sun
and its licensors from and against any damages, costs,
liabilities, settlement amounts and/or expenses (including
attorneys' fees) incurred in connection with any claim,
lawsuit or action by any third party that arises or results
from the use or distribution of any and all Programs and/or
C.License to Distribute Redistributables. Subject to the
terms and conditions of this Agreement, including but not
limited to the Java Technology Restrictions of these
Supplemental Terms, Sun grants you a non-exclusive,
non-transferable, limited license without fees to reproduce
and distribute those files specifically identified as
redistributable in the Software "README" file
("Redistributables") provided that: (i) you distribute the
Redistributables complete and unmodified (unless otherwise
specified in the applicable README file), and only bundled
as part of Programs, (ii) you do not distribute additional
software intended to supersede any component(s) of the
Redistributables (unless otherwise specified in the
applicable README file), (iii) you do not remove or alter
any proprietary legends or notices contained in or on the
Redistributables, (iv) you only distribute the
Redistributables pursuant to a license agreement that
protects Sun's interests consistent with the terms
contained in the Agreement, (v) you agree to defend and
indemnify Sun and its licensors from and against any
damages, costs, liabilities, settlement amounts and/or
expenses (including attorneys' fees) incurred in connection
with any claim, lawsuit or action by any third party that
arises or results from the use or distribution of any and
all Programs and/or Software.
D.Java Technology Restrictions. You may not modify the Java
Platform Interface ("JPI", identified as classes contained
within the "java" package or any subpackages of the "java"
package), by creating additional classes within the JPI or
otherwise causing the addition to or modification of the
classes in the JPI. In the event that you create an
additional class and associated API(s) which (i) extends
the functionality of the Java platform, and (ii) is exposed
to third party software developers for the purpose of
developing additional software which invokes such
additional API, you must promptly publish broadly an
accurate specification for such API for free use by all
developers. You may not create, or authorize your
licensees to create, additional classes, interfaces, or
subpackages that are in any way identified as "java",
"javax", "sun" or similar convention as specified by Sun in
any naming convention designation.
E.Source Code. Software may contain source code that,
unless expressly licensed for other purposes, is provided
solely for reference purposes pursuant to the terms of this
Agreement. Source code may not be redistributed unless
expressly provided for in this Agreement.
F.Third Party Code. Additional copyright notices and
license terms applicable to portions of the Software are
set forth in the THIRDPARTYLICENSEREADME.txt file. In
addition to any terms and conditions of any third party
opensource/freeware license identified in the
THIRDPARTYLICENSEREADME.txt file, the disclaimer of
warranty and limitation of liability provisions in
paragraphs 5 and 6 of the Binary Code License Agreement
shall apply to all Software in this distribution.
For inquiries please contact: Sun Microsystems, Inc., 4150
Network Circle, Santa Clara, California 95054, U.S.A.