diff options
Diffstat (limited to 'licenses/Digium')
| -rw-r--r-- | licenses/Digium | 190 |
1 files changed, 0 insertions, 190 deletions
diff --git a/licenses/Digium b/licenses/Digium deleted file mode 100644 index 0488d2e05..000000000 --- a/licenses/Digium +++ /dev/null @@ -1,190 +0,0 @@ -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. |