103 lines
6.0 KiB
Plaintext
103 lines
6.0 KiB
Plaintext
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SOFTWARE LICENSE AGREEMENT
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IMPORTANT! READ CAREFULLY:
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THIS SOFTWARE LICENSE AGREEMENT (the ``Agreement'') is a legal
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agreement between you (either an individual or a single entity) and
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M-Systems Flash Disk Pioneers Ltd. ("M-Systems").
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This Agreement relates to the M-Systems' software accompanying this
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Agreement, which includes computer software and may include associated
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media, printed materials, and ``online'' or electronic documentation
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(the ``Licensed Software'').
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By downloading, installing, copying, or otherwise using the Licensed
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Software, you agree to be bound by the terms of this Agreement.
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If you do not agree to the terms of this Agreement, do not install,
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copy or use the Licensed Software.
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The Licensed Software is protected by copyright laws and international
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copyright treaties, as well as other intellectual property laws and
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treaties. The Licensed Software is licensed, not sold.
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The Licensed Software is being provided solely for use with M-Systems'
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DiskOnChip<EFBFBD> product lines.
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1. License Grant.
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(a) Grant of License. Subject to the terms and conditions of this
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Agreement, M-Systems hereby grants you a nonexclusive,
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royalty-free, worldwide license (including the right to
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sublicense) to use, copy and distribute the Licensed Software
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with M-Systems DiskOnChip<69> products.
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(b) Restrictions on Use. The Licensed Software is licensed solely
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for use with and to support M-Systems' DiskOnChip<69> products.
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Use of this Licensed Software with, or to support, any other
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flash disk, flash card, resident flash array or solid state
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disk of any kind is expressly prohibited, and constitutes an
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illegal infringement of M-Systems' patent, copyright and other
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rights in and to the Licensed Software.
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2. Limitations on Reverse Engineering, Decompilation, and
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Disassembly. You may not reverse engineer, decompile, or
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disassemble the Licensed Software, except and only to the
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extent that such activity is expressly permitted by applicable
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law notwithstanding this limitation.
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3. Termination. Without prejudice to any other rights, M-Systems
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may terminate this Agreement if you fail to comply with the
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terms and conditions of this Agreement. In such event, you must
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destroy all copies of the Licensed Software and all of its
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component parts.
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4. Intellectual Property Rights. Title to the Licensed Software,
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and all rights with respect to the Software not specifically
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granted under this Agreement, including without limitation
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all rights of modification, disassembly and decompilation and
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all copyright, patent, trademark, trade secret and other
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proprietary rights and interests are reserved to M-Systems.
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You may not remove or alter the "README" or "COPYRIGHT" files
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or copyright notices in the Licensed Software.
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5. DISCLAIMER OF WARRANTIES. To the maximum extent permitted by
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applicable law, M-Systems and its suppliers provide the Product
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and any (if any) support services related to the Product
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("Support Services") AS IS AND WITH ALL FAULTS, and hereby
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disclaim all warranties and conditions, either express,
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implied or statutory, including, but not limited to, any
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(if any) implied warranties or conditions of merchantability,
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of fitness for a particular purpose, of lack of viruses, of
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accuracy or completeness of responses, of results, and of lack
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of negligence or lack of workmanlike effort, all with regard
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to the Product, and the provision of or failure to provide
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Support Services. ALSO, THERE IS NO WARRANTY OR CONDITION OF
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TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO
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DESCRIPTION OR NON-INFRINGEMENT, WITH REGARD TO THE PRODUCT.
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THE ENTIRE RISK AS TO THE QUALITY OF OR ARISING OUT OF USE OR
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PERFORMANCE OF THE PRODUCT AND SUPPORT SERVICES, IF ANY,
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REMAINS WITH YOU.
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6. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER
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DAMAGES. To the maximum extent permitted by applicable law,
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in no event shall M-Systems or its suppliers be liable for
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any special, incidental, indirect, or consequential damages
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whatsoever (including, but not limited to, damages for loss
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of profits or confidential or other information, for business
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interruption, for personal injury, for loss of privacy, for
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failure to meet any duty including of good faith or of
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reasonable care, for negligence, and for any other pecuniary
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or other loss whatsoever) arising out of or in any way related
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to the use of or inability to use the Product, the provision
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of or failure to provide Support Services, or otherwise under
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or in connection with any provision of Agreement, even in the
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event of the fault, tort (including negligence), strict
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liability, breach of contract or breach of warranty of
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M-Systems or any supplier, and even if M-Systems or any
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supplier has been advised of the possibility of such damages.
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7. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any
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damages that you might incur for any reason whatsoever
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(including, without limitation, all damages referenced above
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and all direct or general damages), the entire liability of
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M-Systems and any of its suppliers under any provision of this
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Agreement and your exclusive remedy for all of the foregoing
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shall be limited to the greater of the amount actually paid by
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you for the Product or U.S.$5.00. The foregoing limitations,
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exclusions and disclaimers shall apply to the maximum extent
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permitted by applicable law, even if any remedy fails its
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essential purpose.
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8. Miscellaneous
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The laws of the State of California, United States of America,
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exclusive of conflict-of-laws provisions, shall govern this
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Agreement in all respects.
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