68 lines
3.5 KiB
Plaintext
68 lines
3.5 KiB
Plaintext
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USE OF THE HYPERIC SIGAR SOFTWARE ("SOFTWARE") IS PROVIDED ONLY UNDER LICENSE
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FROM HYPERIC LLC ("HYPERIC"). PLEASE READ THE FOLLOWING LICENSE CAREFULLY. IF
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YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE
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SOFTWARE. USING ANY PART OF THE SOFTWARE INDICATES THAT YOU ACCEPT THESE TERMS.
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1. License Terms.
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a. Personal Use. Subject to the terms of this Agreement, Hyperic grants to you
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a non-exclusive, non-transferable, license to use the Software solely for
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Personal Use, and solely provided that you adhere to all of the terms and
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conditions of this license.
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b. Restrictions on Use. You may not reverse engineer, decompile, disassemble or
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otherwise attempt to determine source code or protocols from the Software
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without Hyperic's prior written consent.
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c. No Commerical Use: This License Agreement grants you the right to use the
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Software for personal use only. Commercial use of the Software or of the work
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products resulting from its use is not permitted under this License Agreement.
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2. Limitation of Liability.
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The Software is provided gratuitously and, therefore, Hyperic and its suppliers
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shall not be liable for any direct, indirect, incidental, special, punitive or
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consequential damages under any theory of liability whether in tort, contract,
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strict liability or otherwise even if advised of the possibility of such
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damages.
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3. Intellectual Property Ownership.
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Hyperic alone (and its licensors, where applicable) shall own all right, title
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and interest, including all related Intellectual Property Rights, in and to the
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Hyperic Technology, the content and any suggestions, ideas, enhancement
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requests, feedback, recommendations or other information provided by you or any
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other party relating to the Service. This Agreement is not a sale and does not
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convey to you any rights of ownership in or related to the Software, the
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Hyperic Technology or the Intellectual Property Rights owned by Hyperic. The
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Hyperic name, the Hyperic logo, and the product names associated with the
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Software are trademarks of Hyperic, and no right or license is granted to use
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them.
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5. General.
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a. Export Compliance. You may not download or otherwise export or re-export the
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Software or any underlying information or technology except in full compliance
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with all United States and other applicable laws and regulations. In particular,
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but without limitation, none of the Software or underlying information or
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technology may be downloaded or otherwise exported or re-exported (a) into (or
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to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Syria, or
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Sudan, or (b) to anyone on the US Treasury Department's list of Specially
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Designated Nationals or the US Commerce Department's Table of Denial Orders. By
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licensing the Software, you are agreeing to the foregoing and you are
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representing and warranting that you are not located in, under control of, or a
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national or resident of any such country or on any such list.
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c. Severability. If any part of this Agreement is held to be unenforceable,
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in whole or in part, such holding will not affect the validity of the other
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parts of the Agreement.
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d. Governing Law and Venue. This Agreement will be governed by both the
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substantive and procedural laws of California, U.S.A., excluding its conflict of
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law rules. Any dispute regarding this Agreement will be heard in the state or
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federal courts having jurisdiction in San Francisco, California, U.S.A. and you
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agree that you shall be subject to the personal jurisdiction of such courts.
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Hyperic LLC
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http://www.hyperic.net
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