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add the license

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Doug MacEachern 2004-09-21 16:44:36 +00:00
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USE OF THE HYPERIC SIGAR SOFTWARE ("SOFTWARE") IS PROVIDED ONLY UNDER LICENSE
FROM HYPERIC LLC ("HYPERIC"). PLEASE READ THE FOLLOWING LICENSE CAREFULLY. IF
YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE
SOFTWARE. USING ANY PART OF THE SOFTWARE INDICATES THAT YOU ACCEPT THESE TERMS.
1. License Terms.
a. Personal Use. Subject to the terms of this Agreement, Hyperic grants to you
a non-exclusive, non-transferable, license to use the Software solely for
Personal Use, and solely provided that you adhere to all of the terms and
conditions of this license.
b. Restrictions on Use. You may not reverse engineer, decompile, disassemble or
otherwise attempt to determine source code or protocols from the Software
without Hyperic's prior written consent.
c. No Commerical Use: This License Agreement grants you the right to use the
Software for personal use only. Commercial use of the Software or of the work
products resulting from its use is not permitted under this License Agreement.
2. Limitation of Liability.
The Software is provided gratuitously and, therefore, Hyperic and its suppliers
shall not be liable for any direct, indirect, incidental, special, punitive or
consequential damages under any theory of liability whether in tort, contract,
strict liability or otherwise even if advised of the possibility of such
damages.
3. Intellectual Property Ownership.
Hyperic alone (and its licensors, where applicable) shall own all right, title
and interest, including all related Intellectual Property Rights, in and to the
Hyperic Technology, the content and any suggestions, ideas, enhancement
requests, feedback, recommendations or other information provided by you or any
other party relating to the Service. This Agreement is not a sale and does not
convey to you any rights of ownership in or related to the Software, the
Hyperic Technology or the Intellectual Property Rights owned by Hyperic. The
Hyperic name, the Hyperic logo, and the product names associated with the
Software are trademarks of Hyperic, and no right or license is granted to use
them.
5. General.
a. Export Compliance. You may not download or otherwise export or re-export the
Software or any underlying information or technology except in full compliance
with all United States and other applicable laws and regulations. In particular,
but without limitation, none of the Software or underlying information or
technology may be downloaded or otherwise exported or re-exported (a) into (or
to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Syria, or
Sudan, or (b) to anyone on the US Treasury Department's list of Specially
Designated Nationals or the US Commerce Department's Table of Denial Orders. By
licensing the Software, you are agreeing to the foregoing and you are
representing and warranting that you are not located in, under control of, or a
national or resident of any such country or on any such list.
c. Severability. If any part of this Agreement is held to be unenforceable,
in whole or in part, such holding will not affect the validity of the other
parts of the Agreement.
d. Governing Law and Venue. This Agreement will be governed by both the
substantive and procedural laws of California, U.S.A., excluding its conflict of
law rules. Any dispute regarding this Agreement will be heard in the state or
federal courts having jurisdiction in San Francisco, California, U.S.A. and you
agree that you shall be subject to the personal jurisdiction of such courts.
Hyperic LLC
http://www.hyperic.net