Lan/Attansiclan/data1.cab/_Support_Language_Independent_OS_Independent_Files/license.txt Driver File Contents (Attansic_L2_Lan_V2360000.zip)
Driver Package File Name: Attansic_L2_Lan_V2360000.zip
END USER LICENSE AGREEMENT
FOR AttansicR DESKTOP SOFTWARE PRODUCT
ATTANSIC, INC. LICENSES THIS DESKTOP SOFTWARE PRODUCT TO YOU SUBJECT TO THE TERMS CONTAINED IN THIS END USER LICENSE AGREEMENT (¡§EULA¡¨). READ THE TERMS OF THIS EULA CAREFULLY. BY INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE (AS DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE WITH THE TERMS OF THIS EULA, DO NOT INSTALL, COPY OR USE THE SOFTWARE AND IF YOU HAVE PROOF OF PAYMENT, YOU MAY RETURN THE UNOPENED SOFTWARE TO THE LOCATION AT WHICH YOU ACQUIRED IT WITHIN THIRTY (30) DAYS FOR A REFUND OF THE LICENSE FEE.
NOTICE TO CUSTOMER
This EULA is a contract between you (either an individual or an entity) and Attansic, Inc. Attansic, which governs your use of the Attansic software product that accompanies this EULA and related software components, which may include associated media, printed materials, and online or electronic documentation. This Attansic software product is designed for installation and use on a personal computer only. You may not install or use this Attansic software product on a server.
This Desktop software package includes a Desktop software product (the Attansic Desktop Software) and Open Source Software components. In this EULA, the Attansic Desktop Software and associated media, printed materials, and online or electronic documentation are collectively referred to as the ¡§Software.¡¨ The Attansic Desktop Software enables you to run one or more instances of third-party operating systems (¡§Guest Operating Systems¡¨) and applications on a single personal computer. A serial number (¡§Software License Key¡¨) issued to you by Attansic is required to use the Software. The term ¡§Number of Licensed Users¡¨ means the number one (1), unless you received a Attansic License Certificate with this software product, in which case the term ¡§Number of Licensed Users¡¨ means the Number of Licensed Users set forth on the Attansic License Certificate.
¡§Open Source Software¡¨ means various open source software components, including, without limitation, DHCP Server, Tcl/Tk, XFree86, Libresolv, zlib, libpng, OpenSSL, Advanced Encryption Standard (AES), libfreetype.so.6, libgcc_s.so.1, libstdc++-v3, libart_lgpl_2.so.2, libatk-1.0.so.0, libatkmm-1.6.so.1, libgdkmm-2.4.so.1, libgdk_pixbuf-2.0.so.0, libgdk-x11-2.0.so.0, libglade-2.0.so.0, libglib-2.0.so.0, libglibmm-2.4.so.1, libglibmm_generate_extra_defs-2.4.so.1, libgmodule-2.0.so.0, libgnomecanvas-2.so.0, libgnomecanvasmm-2.6.so.1, libgobject-2.0.so.0, libgtkmm-2.4.so.1, libgtk-x11-2.0.so.0, libpango-1.0.so.0, libpangoft2-1.0.so.0, libpangomm-1.4.so.1, libpangox-1.0.so.0, libpangoxft-1.0.so.0, libsigc-2.0.so.0, libcrypto.so.0.9.7, libssl.so.0.9.7, libfontconfig.so.1, libXft.so.2, libXrender.so.1, libexpat.so.0, libxml12.so.2, libpng12.so.0, libpixops.so.2.0.1 and librsvg-2.so.2 licensed under the terms of applicable open source license agreements included in the materials relating to such software. Some Open Source Software components are provided with the version of the Software than runs on a Linux host operating system, some Open Source Software components are provided with the version of the Software that runs on a Windows host operating system, and some Open Source Software components are provided with both such versions of the Software.
WARNING FOR EVALUATION LICENSEES
The Software can be activated with a no-cost evaluation Software License Key. Evaluation Software License Keys have an expiration date (¡§Expiration Date¡¨). If you activate the Software with an evaluation Software License Key: (i) you may use the Software until the Expiration Date only to evaluate the suitability of the Software for licensing on a for-fee basis; (ii) the limited 90-day warranty below is not applicable to you; (iii) the limited web-based support services are not applicable to you; (iv) the provision of Updates for a period of eighteen (18) months from the date of shipment of the Software is not applicable to you; and (v) the Software is provided to you ¡§as is¡¨ without warranty of any kind, whether express, implied, statutory, or otherwise. Attansic BEARS NO LIABILITY FOR ANY DAMAGES RESULTING FROM USE (OR ATTEMPTED USE) OF THE SOFTWARE THROUGH OR AFTER THE EXPIRATION DATE, AND HAS NO DUTY TO PROVIDE SUPPORT OR SOFTWARE UPDATES TO YOU.
OPEN SOURCE SOFTWARE
The Open Source Software is composed of individual software components, each of which has its own copyright and its own applicable license conditions. You must review the licenses within the individual packages to understand your rights under them. The licenses can be found in the open_source_licenses.txt file, other materials accompanying the software package, the documentation or corresponding source files available at http://www.Attansic.com/download/open_sources.html. Copyrights to the Open Source Software are held by the copyright holders indicated in the copyright notices in the corresponding source files or in the open_sources_licenses.txt file or other materials accompanying the software package.
The Software is licensed, not sold. Subject to the terms and limitations of this EULA, Attansic hereby grants you a nonexclusive, nontransferable license, without rights to sublicense, to (i) make a number of copies of the Software less than or equal to the Number of Licensed Users for the purpose of installing a single copy of the Software on an equivalent number of personal computers, each of which is running a validly licensed copy of the operating system for which the Software is designed; (ii) use the Software License Key to activate each copy of the Software made in accordance with sub-clause (i); (iii) have up to the Number of Licensed Users use the Software (in object code form only) solely for your own internal information processing services and computing needs; and (iv) use the documentation accompanying the Software in connection with permitted uses of the Software. If you are an entity, each copy of the Software may be used by one designated individual user only. The total number of designated users may not exceed the Number of Licensed Users. Each copy of the Software may not be used by any other person, whether or not such person is employed by or otherwise associated with your entity.
LIMITED SHARED USE LICENSE
For shared use computing laboratory environments within academic institutions, the license grant above shall be modified to permit use of the Software on a single personal computer without the limitation that such use be limited to the designated user(s); provided that any such user(s) agree to and abide by the terms of this EULA; provided further that you must acquire and dedicate a Software License Key for each separate personal computer on which the Software is installed. Under this shared computing laboratory use license, a computing laboratory at an academic institution having ten personal computers loaded with the Software on which no more than five users would concurrently access and use the Software, for example, would require ten Software License Keys. Unless the computing laboratory is operated and maintained by and within an academic institution, this limited shared use license does not apply.
You may not copy the Software except for a reasonable number of machine-readable copies of the Software for backup or archival purposes and except as expressly permitted in the License section above. You may not share or use concurrently the Software except as expressly permitted in the Limited Shared Use License section above. You may not remove any titles, trademarks or trade names, copyright notices, legends, or other propri-etary markings on the Software. You are not granted any rights to any trademarks or service marks of Attansic. Attansic retains all rights not expressly granted to you.
LICENSE AS UPGRADE OF PREVIOUSLY LICENSED PRODUCT
If you purchased this Desktop software product as an upgrade at the applicable upgrade price, then you must have previously purchased a prior version of this Desktop software product at the applicable product (not upgrade) price. If you have not purchased a prior version at the applicable product price, then please contact the vendor from whom you purchased the upgrade, or, if you are unable to contact your vendor, contact Attansic, to make payment for the difference between the upgrade price and the product price within thirty (30) days of the date you purchased the upgrade. If you do not make the appropriate payment to your vendor or Attansic within thirty (30) days, this EULA will automatically terminate and you must comply with the termination provisions below.
LICENSES REQUIRED FOR THIRD-PARTY SOFTWARE
The Software allows multiple Guest Operating Systems and applications to run on a single personal computer. You are responsible for obtaining any licenses necessary to operate any such third-party software, including Guest Operating Systems.
PROPRIETARY RIGHTS RESERVED BY Attansic
Attansic retains all right, title, and interest in and to the Software and the Software License Key and in all related copyrights, trade secrets, patents, trademarks, and any other intellectual and industrial property and proprietary rights, including registrations, applications, renewals, and extensions of such rights.
You may not (i) sell, lease, license, sublicense, distribute or otherwise transfer in whole or in part the Software or the Software License Key to another party; (ii) provide, disclose, divulge or make available to, or permit use of the Software in whole or in part by, any third party without Attansic¡¦s prior written consent; (iii) modify or create derivative works based upon the Software; or (iv) use the Software to provide network, application hosting or other services to third parties, or otherwise use the Software on a service bureau or hosting basis for your customers. Except to the extent expressly permitted by applicable law, and to the extent that Attansic is not permitted by that applicable law to exclude or limit the following rights, you may not decompile, disassemble, reverse engineer, or otherwise attempt to derive source code from the Software, in whole or in part. You may not disclose the results of any benchmark test of the Software to any third party without Attansic's prior written approval.
LIMITED SUPPORT AND SUBSCRIPTION SERVICES
Attansic may provide limited web-based support services related to the Software for a period of thirty (30) days after the date of purchase. Upon expiration of such 30-day period, Attansic will not provide any support services under this EULA. For a period of eighteen (18) months from the date of shipment of the Software, Attansic will provide you with Update Service, as defined in the Attansic Premium Support Programs and Subscription Services - Terms and Conditions posted on Attansic¡¦s Web site at http://www.Attansic.com/support/using/premium.html (¡§Service Terms¡¨), free of charge. By accepting the terms of this EULA you are accepting the Service Terms. Upon expiration of such 18-month period, Attansic will no longer provide you with any Update Service under this EULA. Thereafter, you may renew the Update Service for a fee in accordance with the Service Terms. Notwithstanding the foregoing, if you acquired the Software as an Update (as defined in the Service Terms) or as part of the Update Service in connection with a prior purchase of the Software, then you are not entitled to receive any Update Service or any other support or subscription services under this EULA. In either case, you also may purchase support and subscription services separately. If you have purchased Attansic support and subscription services with the Software, these services are provided to you under the Service Terms. Unless otherwise provided to you under a separate agreement, any supplemental software code or related materials that Attansic provides to you as part of any Update Service or support and subscription services are to be considered part of the Software and are subject to the terms and conditions of this EULA. Attansic may use any technical information you provide to Attansic for any Attansic business purposes without restriction, including for product support and development. Attansic will not use information in a form that personally identifies you.
Attansic may terminate this EULA if you fail to comply with any term of this EULA. In the event of termination, you must destroy all copies of the Software and Software License Key. In addition you must remove all copies of the Software from the personal computer(s) on which it is installed.
You may not export or re-export the Soft-ware except in compliance with the United States Export Administration Act and the related rules and regulations and similar non-U.S. government restrictions, if applicable. The Software and accompanying documentation are deemed to be ¡§commercial computer software¡¨ and ¡§commercial computer software documentation,¡¨ respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212(b), as applicable. Any use, modification, reproduction, release, performing, displaying, or disclosing of the Software by the U.S. Government shall be governed solely by the terms of this EULA.
Attansic warrants that the media, if any, on which the Software is delivered will be free of defects and that the Software will substantially conform to the description contained in the applicable end user documentation, in each case for a period of 90 days after the date of shipment of the Software License Key. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Attansic PROVIDES THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS EULA OR COMMUNICATION WITH YOU, AND Attansic SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Attansic BE LIABLE FOR ANY LOST PROFITS OR BUSINESS OPPORTUNITIES, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSE-QUEN-TIAL DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE PRECEDING LIMITATION MAY NOT APPLY TO YOU.
Attansic¡¦S LIABILITY UNDER THIS EULA WILL NOT, IN ANY EVENT, EXCEED THE LICENSE FEES, IF ANY, PAID BY YOU TO Attansic FOR THE SOFTWARE LICENSED BY YOU UNDER THIS EULA.
THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF WHETHER Attansic HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
This EULA is governed by the laws of the State of California and the United States of America, without regard to conflict of law principles. The United Nations Convention for the International Sale of Goods shall not apply. This EULA is the entire agreement between us and supersedes the terms of any purchase orders and any other communications or advertising with respect to the Software. If any provision of this EULA is held invalid, the remainder of this EULA shall continue in full force and effect. This EULA may be modified only by written agreement signed by authorized representatives of you and Attansic.
If you have any questions about this EULA, or if you want to contact Attansic for any reason, please direct all correspondence to: Attansic, Inc., 3145 Porter Drive, Palo Alto, CA 94304, United States of America or email info@Attansic.com.
Attansic and the Attansic "boxes" logo and design, as applicable, are registered trademarks and/or trademarks of Attansic, Inc.