YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT ("AGREEMENT") BEFORE INSTALLING ANY OF THE SOFTWARE STORED ON THE ENCLOSED CD-ROMS. BY INSTALLING ANY OF THIS SOFTWARE, YOU (AND ANY ENTITY ON WHOSE BEHALF YOU ARE ACTING) ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT INSTALL ANY OF THE SOFTWARE AND RETURN ALL ENCLOSED CD-ROMS TOGETHER WITH THEIR COMPLETE PACKAGING TO THE PLACE OF PURCHASE FOR A FULL REFUND.THE PRODUCT AND THE SOFTWARE PACKAGES
The software on the enclosed CD-ROMs makes up a Turbolinux® product (the "Product"), which is a compilation of hundreds of individual software components (each, a "Software Package"). The Product, as a whole, is licensed to you under the terms of this Agreement and those terms set forth in Exhibit A (Additional Terms for Commercial Software), which is incorporated herein by reference as terms applicable to the Product as a whole. You may not install or use the Product or any portion thereof without accepting the terms of this Agreement and the terms set forth in Exhibit A. Additionally, you understand and acknowledge that each of the Software Packages has been copyrighted separately from the Product as a whole and is licensed to you under a separate license agreement applicable to that particular Software Package. Many of the Software Packages are licensed under the GNU General Public License, which can be found at: http://org.gnu.de/copyleft/gpl.html, or other licenses that may allow you to modify and redistribute the source code of the Software Package. Other of the Software Packages have been licensed by Turbolinux from commercial software vendors and are distributed under more restrictive terms that do not allow you, among other things, to modify or redistribute the code (each, a "Commercial Package"). The Commercial Packages are listed in Exhibit B (Notice of Commercial Software Packages) to this Agreement, which is incorporated herein by reference, and are licensed pursuant to this Agreement and the additional terms set forth in Exhibit A (Additional Terms for Commercial Software). The license agreement applicable to each other Software Package may be set forth in source code of that Software Package, may be available from Turbolinux, Inc. at your request by e-mail to email@example.com, or may be available in documentation for the Product or on the website of Turbolinux, Inc. You agree to read carefully and agree to the license terms applicable to a particular Software Package before modifying, distributing, decompiling, or otherwise reverse engineering the Software Package, installing the Software Package on more than one computer, using the Software Package for other than your own individual use, or copying the Software Package other than as an essential step in using the Software Package or to make a single archival copy. Should you have any question regarding which terms apply to any particular Software Package, you agree to request by e-mail a copy of such terms from Turbolinux, Inc. at firstname.lastname@example.org before taking any of the foregoing acts.
This Agreement does not grant you any rights to use the trademark TURBOLINUX or the TURBOLINUX logo except to retain or reproduce required copyright notices. You may contact Turbolinux for permission to display the TURBOLINUX® mark and logo.
THE PRODUCT AND THE SOFTWARE PACKAGES, INCLUDING THEIR SOURCE CODE, DOCUMENTATION, APPEARANCE, STRUCTURE, SEQUENCE, ORGANIZATION, SELECTION, COORDINATION, AND ARRANGEMENT, ARE PROPRIETARY PRODUCTS OF TURBOLINUX, INC. AND OTHERS, AND ARE PROTECTED BY COPYRIGHT AND OTHER LAWS. YOU HAVE NO RIGHT, TITLE, OR INTEREST IN ANY OF THESE PROGRAMS OR IN ANY COPY, MODIFICATION, OR MERGED PORTION OF ANY OF THESE PROGRAMS, EXCEPT FOR RIGHTS EXPRESSLY GRANTED UNDER THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THE LICENSES FOR EACH SOFTWARE PACKAGE SET FORTH IN THE SOURCE CODE.
The media on which the Product is furnished to you is referred to in this Agreement as the "Media." Turbolinux, Inc. warrants that the Media will be free from defects in materials and manufacture under normal use for thirty days from the date on which you obtained this product. Turbolinux, Inc. and its suppliers do not warrant that the Product or the Software Packages will meet your requirements or that operation of the Product or the Software Packages will be error-free or uninterrupted.
EXCEPT AS SPECIFICALLY STATED ABOVE, THE PRODUCT AND THE SOFTWARE PACKAGES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR OTHERWISE . TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE DISCLAIMED. Some jurisdictions do not allow the disclaimer of certain implied warranties, so these disclaimers may not apply fully to you.
Turbolinux, Inc.'s entire liability, and your exclusive remedy, for any defect in the Media will be that if you return the Media to Turbolinux, Inc. within thirty days from the date on which you obtained this product along with proof of purchase, Turbolinux, Inc. will, at its option, either replace the Media or refund to you the amount you paid for the product. This remedy will be available to you only if you or your dealer registers this product with Turbolinux, Inc. in accordance with the instructions provided with this product within ten days after you obtain this product.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TURBOLINUX, INC. AND ITS SUPPLIERS WILL NOT BE LIABLE TO YOU OR ANY OTHER USER OF THE PRODUCT OR SOFTWARE PACKAGES FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, AND LOSS OF DATA, ARISING FROM OR RELATING TO THE USE OF, OR INABILITY TO USE, THE PRODUCT OR SOFTWARE PACKAGES, EVEN IF TURBOLINUX, INC. OR A DEALER AUTHORIZED BY TURBOLINUX, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, THE TOTAL, CUMULATIVE LIABILITY OF TURBOLINUX, INC. AND ITS SUPPLIERS IN CONNECTION WITH THIS AGREEMENT AND THESE PROGRAMS WILL NOT EXCEED THE AMOUNT YOU PAID FOR THIS PRODUCT. These disclaimers and limitations of liability will apply even if the exclusive remedy set forth above is held to fail of its essential purpose and even if the warranty disclaimers set forth above are held invalid. Some jurisdictions do not allow the disclaimer or limitation of certain damages, so the above disclaimers and limitations may not apply fully to you.
You agree that you will not knowingly, directly or indirectly, without prior written consent of the ofce of Export Administration of the US Department of Commerce, Washington D.C. 20230, if required, export or transmit any of the Product or any Software Package to any country to which such transmission is restricted by applicable regulations or statutes.
Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law. If the application of any provision of this Agreement to any particular facts or circumstances shall be held to be invalid or unenforceable by a court of competent jurisdiction, then (i) the validity and enforceability of such provision as applied to any other particular facts or circumstances and the validity of other provisions of this Agreement shall not in any way be affected or impaired thereby and (ii) such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and shall be reformed without further action by the parties to the extent necessary to make such provision valid and enforceable. This Agreement will be governed by the laws of the State of Virginia and the United States of America.
ADDITIONAL TERMS FOR COMMERCIAL SOFTWARE THE PRODUCT AND THE COMMERCIAL PACKAGES LISTED IN EXHIBIT B ARE PROVIDED FOR USE ONLY IN ACCORDANCE WITH THE END USER LICENSE AGREEMENT AND THESE ADDITIONAL TERMS.
Turbolinux, Inc. ("Turbolinux") hereby grants to you a non-exclusive license to use the Product and the Commercial Packages (collectively, the "Software") and accompanying documentation ("Documentation") on the terms noted in each Commercial Package. You should review the specic terms of each Commercial Package. In general:
* use the Software and Documentation on any single computer, solely for your own internal purposes;
* use the Commercial Packages only in conjunction with the Product; and make one (1) copy the Software for archival purposes, provided any such copy must contain all of the original Software proprietary notices.
You may not:
* permit others to use the Software or Documentation;
* permit concurrent use of the Software;
* modify, translate, or create derivative works based on the Software or Documentation;
* reverse engineer, decompile, or disassemble the Software, unless, and only to the extent that, applicable law prohibits contractual limitations on your right to do so, and then only after you have noticed Turbolinux in writing of your intended activities;
* copy the Software (except for back-up purposes);
* copy the Documentation;
* rent, lease, provide on a service bureau basis, transfer or otherwise transfer rights to the Software or Documentation;
* remove any copyright or proprietary notices or labels on the Software or Documentation; or publish any results of benchmark tests run on the Software.
If you receive your first copy of the Software electronically, and a second copy on media, the second copy may be used for archival purposes only. This license does not grant you any right to any enhancement or update.
DEMO SOFTWARESpecial terms and conditions apply to any Software that is made available to you for demonstration purposes only. This Software is noted with an asterisk in Exhibit C (Notice of Commercial Software Packages). You understand and acknowledge that such Software may not function, or its functionality may be limited, after a set period of time, and that you may not copy such Software so as to disable any such limitations on functionality or use. For information as to how to obtain a commercial license for demonstration software, see Exhibit C.
Title, ownership rights, and intellectual property rights in and to the Software and Documentation shall remain in Turbolinux and/or its suppliers. The Software is protected by the copyright laws of the United States and international copyright treaties.
THIRD PARTY BENEFICIARIES
For each Commercial Package, Turbolinux, Inc.'s supplier of that package shall be an intended third party beneficiary of these terms as they relate to that Commercial Package and shall have the right to enforce any and all obligations under the End User License Agreement and these Additional Terms for Commercial Software.
This license will terminate automatically if you fail to comply with the limitations described above. On termination, you must destroy all copies of the Software and Documentation.
You represent that you are not a government agency nor are obtaining the Software or Documentation under this Agreement pursuant to or for the benefit of a government contract or with government funds. Software and Documentation delivered to an agency or instrumentality of the United States Government will identify the Software and Documentation as "commercial computer software" and "commercial computer software documentation" and, as specialized in FAR 12.212 or DFARS 227.7202, and their successors, as applicable, will restrict the Government's rights to use, reproduce or disclose such Software and Documentation in accordance with the terms of this Agreement.
NOTICE OF COMMERCIAL SOFTWARE PACKAGES
The following Software Packages are subject to the additional license terms set forth in Exhibit A (Additional Terms for Commercial Software). Please note that the programs marked with an asterisk are for demonstration purposes only and are subject to the terms and conditions for demonstration software set forth in Exhibit A.