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authorA. Wilcox <AWilcox@Wilcox-Tech.com>2017-06-11 08:41:26 +0000
committerA. Wilcox <AWilcox@Wilcox-Tech.com>2017-06-11 08:41:26 +0000
commit2f6caac6019e3182486965f7f09baed7e93e1be9 (patch)
tree2d5d4350a1bbf9bafdb5f0a5260714a6190c668d /licenses/Digium
parenta37f6bfc3fde25205ebac44b82f1586b924c61da (diff)
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The New Plan
ebuild branch has old ebuilds. profiles dir still has CFLAGS. Everything else is removed or modified for changing of upstream to Alpine.
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-IMPORTANT - READ CAREFULLY
-
- 1 AGREEMENT
-
- 1.1 This Digium End-User Purchase and License Agreement (the "Agreement") is a
- legal agreement between Digium and the licensee and purchaser respectively
- (hereinafter, "you", "You" or "your") of the Digium distribution media,
- embedded software and related documentation (the "Software"), Digium services
- (the "Services"), and related manuals (collectively the "Products"). BY
- INSTALLING THE SOFTWARE, YOU AGREE TO AND ACCEPT THE TERMS AND CONDITIONS OF
- THIS AGREEMENT. If you do not accept, or are not authorized to accept the terms
- and conditions of this Agreement, then you should not install the Software and
- should remove any installed Software from your computer.
-
- 2 GRANT OF LICENSE
-
- 2.1 Subject to your compliance with its obligations herein, Digium hereby
- grants you a limited, non-transferable, non-exclusive, non-sublicensable
- license to the Software for use with Zaptel software for internal business
- purposes and not for resale, sublicense, or leasing to third-parties.
- "Software" shall include any upgrades, updates, bug fixes or modified version
- ("Upgrades") or backup copies of the Software supplied to you by Digium
- provided you hold a valid license key to the original Software and have paid
- any applicable fee for Upgrades.
-
- 2.2 Notwithstanding the foregoing, you acknowledge that certain components of
- the Software may be covered by so-called "open source" software licenses
- ("Open Source Components"). Digium will provide a list of Open Source
- Components for a particular version of the Software upon your request. To the
- extent required by the licenses covering Open Source Components, the terms of
- such licenses will apply in lieu of the terms of this Agreement, and Digium
- hereby represents and warrants that the licenses granted to such Open Source
- Components will be no less broad than the license granted in this Section 2.
- To the extent the terms of the licenses applicable to Open Source Components
- prohibit any of the restrictions in this Agreement with respect to such Open
- Source Component, such restrictions will not apply to such Open Source
- Component.
-
- 2.3 "Key" refers to the unique registration code provided by Digium to enable
- the Licensee to use the Software. You may use one copy of the Software
- registered with a registration key, provided by Digium, on a single computer
- owned, leased, or otherwise controlled by you at a single time. If you have
- multiple registration keys for the Software you may use the Software on as
- many computers as you have keys. The Software may not be used on or
- distributed to a greater number of computers than you have registration keys.
-
- 3 RESERVATION OF RIGHTS
-
- 3.1 Except for the limited license rights expressly granted in this Agreement,
- Digium reserves all rights in and to the Software and any modifications
- thereto, including title, ownership, trademark, copyright, patent, trade secret
- and any other rights and interests. You will own only the physical media on
- which the Software and associated documentation are reproduced and distributed.
-
- 4 LIMITED WARRANTY - SOFTWARE
-
- 4.1 .Digium warrants only that the media on which Digium delivers the Software
- will be free of physical defects for a period of ninety (90) days or will be
- replaced by Digium. Except as otherwise agreed by Digium in writing, the
- replacement Software is subject to the terms and conditions of this Agreement.
- If Digium determines in its sole discretion that a defect cannot be corrected,
- or that it is not practical to replace the Software, the price paid by the
- original licensee for the Software will be refunded by Digium to you and the
- license grant automatically terminated, in which case you will promptly return
- to Digium or destroy the Software and any copies in your possession.
-
- 5 WARRANTY DISCLAIMERS
-
- 5.1 The limited warranty provided by Digium does not cover (i) Products that
- have been subjected to misuse, tampering, modification, experimentation,
- alteration, negligence, faulty installation; (ii) Products with the model or
- serial number altered, tampered with, or removed; (iii) Initial installation,
- installation and removal of the Product for repair, and shipping costs;
- (iv) Configuration of the Product; (v) Damage that occurs in shipment due to
- act of God, failures due to power surges, and cosmetic damage; (vi) Any
- hardware, software, firmware or other materials or services provided by anyone
- other than Digium; or (vii) Repair by anyone other than Digium or Digium's
- authorized representative. Unless under a current Services contract with
- Digium, you shall not upgrade or update Product using software of any origin
- except commercial versions of the Software released to you by Digium or its
- authorized distributors from time to time. THE PRODUCT IS PROVIDED WITHOUT ANY
- IMPLIED WARRANTIES OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY
- IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
- NON-INFRINGEMENT. EXCEPT AS EXPRESSLY COVERED UNDER THE LIMITED WARRANTY
- PROVIDED HEREIN, THE ENTIRE RISK AS TO THE QUALITY, SELECTION AND PERFORMANCE
- OF THE PRODUCT IS YOURS.
-
- 6 RETURN MATERIAL AUTHORIZATION
-
- 6.1 If returning a Product under the limited warranty, you must include with
- the Product a written description of the physical defect or in sufficient
- detail to allow Digium to confirm such determination. Prior to returning a
- Product under limited warranty to Digium, the original purchaser must obtain a
- Return Material Authorization ("RMA") in accordance with the Digium policy in
- effect at the time as published on the Digium web site. Digium will not be
- obligated to accept returns of any Software that has been activated or
- otherwise used.
-
- 7 LIMITATION OF LIABILITY
-
- 7.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIGIUM IS NOT LIABLE UNDER ANY
- CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR
- ANY LOSS OF USE OF THE PRODUCT, INCONVENIENCE OR INDIRECT DAMAGES OF ANY
- CHARACTER, WHETHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL (INCLUDING, BUT NOT
- LIMITED TO, LOSS OF REVENUE OR PROFIT, WORK STOPPAGE, COMPUTER FAILURE OR
- MALFUNCTION, FAILURE OF CONNECTED EQUIPMENT OR PROGRAMS, LOSS OF INFORMATION
- OR DATA OR LOSS OF GOODWILL) RESULTING FROM THE USE OF THE PRODUCT, RELATING
- TO WARRANTY SERVICE, OR ARISING OUT OF ANY BREACH OF THIS AGREEMENT, EVEN IF
- DIGIUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SOLE REMEDY FOR
- A BREACH OF THE FOREGOING LIMITED WARRANTY IS REPAIR, REPLACEMENT OR REFUND OF
- THE THE MAXIMUM LIABILITY OF DIGIUM UNDER THIS DEFECTIVE PRODUCT. IN NO EVENT
- SHALL THE REMEDY RELATED TO THIS AGREEMENT EXCEED THE PURCHASE PRICE OF THE
- APPLICABLE PRODUCT. THE FOREGOING EXPRESS LIMITED WRITTEN WARRANTY AND REMEDIES
- ARE EXCLUSIVE AND IN LIEU OF ANY OTHER WARRANTIES OR REMEDIES, EXPRESS, IMPLIED
- OR STATUTORY.
-
- 8 PROPRIETARY WORKS
-
- 8.1 The Products contain trademarks, trade secrets and/or copyrighted materials
- of Digium or its suppliers.
-
- 8.2 You agree not to reverse engineer, decompile, or disassemble the Software,
- except to the extent such restriction is expressly prohibited by applicable
- law. You shall not disclose or make available such trade secrets or copyrighted
- material in any form to any third party nor remove any trademark notices,
- copyright notices, or licensing terms from the Software or any components
- therein.
-
- 8.3 You will not, without Digium written consent, use the name, trademarks,
- trade names or logos of Digium, or the name of any product or service of
- Digium, in any manner. If Digium grants you a right to use the aforementioned,
- you will do so only in strict compliance with Digium's usage policies.
-
- 9 TERMINATION
-
- 9.1 This Agreement shall terminate upon removal of the Products from your
- server and either destruction of the Products or return of the Products by you
- to Digium. In the event of a breach of the scope of use permitted by the grant
- in Section 2, or if you do not comply with other materials terms and conditions
- of this Agreement, Digium shall have the right to immediately terminate this
- Agreement, in which case you must promptly remove the Software from your
- servers and destroy or return all copies to Digium. Notwithstanding the
- foregoing, the provisions of Sections 5, 6, 7, 10, 11, 12, 13 and 14 shall
- survive termination of this Agreement.
-
- 10 EXPORT RESTRICTION
-
- 10.1 You acknowledge that the Software, with the possible exception of certain
- third-party components, is of U.S. origin. You agree to comply with applicable
- domestic and international laws that apply to the Software, including the U.S.
- Export Administration Regulations and other limitations issued by U.S. and
- foreign governments.
-
- 11 TRANSFER AND ASSIGNMENT
-
- 11.1 This Agreement and the rights and obligations under it are not assignable
- by you without the prior written approval of Digium, voluntarily or by
- operation of law. Any attempt by you to assign this Agreement without such
- approval shall be void. This Agreement shall inure to the benefit of the
- successors and assigns of Digium. Notwithstanding the foregoing, you may move
- the Software to different internal computers to the extent consistent with the
- scope of license you have purchased to the Software.
-
- 12 U.S. GOVERNMENT USERS
-
- 12.1 The Software and documentation qualify as "commercial items" as defined at
- 48 C.F.R. 2.101 and 48 C.F.R. 12.212. All Government users acquire the Software
- and documentation with only those rights herein that apply to non-governmental
- customers of Digium.
-
- 13 GOVERNING LAW AND JURISDICTION
-
- 13.1 This Agreement is to be construed in accordance with and governed by laws
- of the State of Alabama, excluding its conflict of law provisions. Digium and
- you agree to submit to the personal and exclusive jurisdiction of, and agree
- that venue is proper in, the Alabama State or Federal Courts located in the
- County of Jefferson, Alabama, for any such legal action or proceeding. The
- United Nations Convention on International Sale of Goods, the application of
- which is expressly excluded, does not govern this Agreement.
-
- 14 ENTIRE AGREEMENT
-
- 14.1 This Agreement constitutes the entire understanding between the parties
- relating to the subject matter hereof and supersede all prior writings,
- negotiations or understandings with respect thereto. The provisions of this
- Agreement shall take precedence over any conflicting terms in any subsequent
- purchase order, documentation or collateral. Any modifications to this
- Agreement shall be reflected in a written agreement between the parties. The
- parties agree that this Agreement may be executed electronically and that
- electronic copies of this Agreement shall be binding upon the parties.