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diff --git a/licenses/UPEK-SDK-EULA b/licenses/UPEK-SDK-EULA deleted file mode 100644 index ace9596a7..000000000 --- a/licenses/UPEK-SDK-EULA +++ /dev/null @@ -1,312 +0,0 @@ - END-USER LICENSE AGREEMENT - for - UPEK, INC. SDK SOFTWARE PRODUCTS - - IMPORTANT, PLEASE READ CAREFULLY - -YOU MAY NOT INSTALL OR USE THIS UPEK SOFTWARE PRODUCT UNLESS YOU HAVE -CAREFULLY READ THE TERMS AND CONDITIONS SET FORTH BELOW AND INDICATE -YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS BY CLICKING ON THE "I -ACCEPT" BUTTON AT THE END OF THIS SCREEN. - -This End-User License Agreement ("EULA") represents the understanding -between UPEK, Inc. and its successors and assigns ("UPEK") and you -(either an individual person or a single legal entity, referred to in -this EULA as "You" or "Your") and governs the use of the UPEK software -product that accompanies this EULA, including any associated media, -printed materials and electronic documentation (the "Software -Product"), except to the extent a particular program is the subject of -a separate written agreement with UPEK. The Software Product may also -include any software updates, add-on components, stencils, templates, -shapes, symbols, web services and/or supplements that UPEK may provide -to You or make available to You, or that You obtain from the use of -features or functionality of the Software Product, after the date You -obtain Your initial copy of the Software Product (whether by delivery -of a CD, permitted downloading from the Internet or a dedicated web -site, or otherwise), to the extent that such items are not accompanied -by a separate license agreement or terms of use. - -BY INSTALLING OR USING THE SOFTWARE PRODUCT, YOU ARE CONSENTING TO BE -BOUND BY THIS EULA. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND -CONDITIONS OF THIS EULA, THEN (A) DO NOT INSTALL OR USE THE SOFTWARE -PRODUCT, AND (B) YOU MAY RETURN THE SOFTWARE PRODUCT TO THE PERSON WHO -PROVIDED IT TO YOU FOR A FULL REFUND. Should You have any questions -concerning this EULA, or if You desire to contact UPEK for any reason, -please contact the UPEK subsidiary serving Your country/region. - -1. GRANT OF LICENSE. Subject to the terms and conditions of this EULA -and Your payment of all applicable fees for the Software Product, UPEK -and its suppliers hereby grant to You, and You hereby accept a -nonexclusive license to install and use copies of the Software -Product, on a device, workstation, terminal, PC peripheral or other -digital, electronic or analog device embedding a UPEK fingerprint -sensor (a "UPEK-Enabled Device"), for the purpose of designing, -creating testing, and distributing Your software product(s). If this -Software Product contains documentation that is provided only in -electronic form, You may print one copy of such electronic -documentation; provided, however, that You may not copy the printed -materials accompanying the Software Product. - -2. ADDITIONAL LICENSE RIGHTS - REDISTRIBUTABLE CODE. In addition to -the rights granted in section 1, certain portions of the product are -redistributable by You as part of Your copyrighted software -application. These additional license rights are conditioned upon your -compliance with the distribution requirements and license restrictions -described in Section 3. - -2.1 Sample Code. UPEK grants you the right to use and modify the -source code version of those portions of the Product identified as -"Samples" in REDISTRIBUTABLES.TXT or elsewhere in the Product ("Sample -Code") for the sole purposes of designing, developing, testing and -distributing your software product(s), and to reproduce and distribute -the Sample Code, along with any modifications thereof, in object -and/or source code form. For applicable redistribution requirements -for Sample Code, see Section 3.1 below. - -2.2 Redistributable Object-Code. UPEK grants you a nonexclusive right -to reproduce and distribute the object code of any portion of the -Product listed in REDISTRIBUTABLES.TXT ("Redistributable Code"). For -applicable redistribution requirements for Redistributable Code, see -Section 3.1, below. - -3. LICENSE RESTRICTIONS -- DISTRIBUTION REQUIREMENTS. If you choose to -exercise your rights under Section 2, any redistribution by you -requires compliance with the following terms, as appropriate. - -3.1 Redistributable Code-Standard. - -(a) If you are authorized and choose to redistribute Sample Code -and/or Redistributable Object- Code, as described in Section 2, you -agree: (i) except as otherwise noted in Section 2.1 (Sample Code), to -distribute the Redistributables only in object code form and in -conjunction with and as a part of a copyrighted software application -product developed by you that adds significant and primary -functionality to the Redistributables ("Licensed Product"); (ii) to -display your own valid copyright notice which shall be sufficient to -protect UPEK's copyright in the Product; (iii) not to remove or -obscure any copyright, trademark or patent notices that appear on the -Product as delivered to you; (iv) to indemnify, hold harmless, and -defend UPEK from and against any claims or lawsuits, including -attorney's fees, that arise or result from the use or distribution of -the Licensed Product; (v) otherwise comply with the terms of this -EULA; and (vi) agree that UPEK reserves all rights not expressly -granted. - -(b) You also agree not to permit further distribution of the -Redistributables by your end users except: (1) you may permit further -redistribution of the Redistributables by your distributors to your -end-user customers if your distributors only distribute the -Redistributables in conjunction with, and as part of, the Licensed -Product and You and Your distributors comply with all other terms of -this EULA. - -4. RESERVATION OF RIGHTS; RESTRICTIONS. All rights not expressly -granted by UPEK in this EULA are reserved. Except as otherwise -expressly provided under this EULA, You shall not, and shall not allow -any third party to: - -(a) transfer, assign, sublicense, resell, re-license or provide, -lease, lend or allow access to the Software Product to any other -person or entity, except as otherwise provided herein; - -(b) make error corrections or create derivative works based upon the -Software Product; - -(c) copy (except to make a single back-up copy to replace an unusable -copy of the Software Product), modify, prepare derivative works based -upon, decompile, decrypt, reverse engineer or attempt to reconstruct -or discover any source code or underlying ideas or algorithms of the -Software Product by any means whatsoever (except to the extent -applicable laws specifically prohibit such restriction), disassemble -or otherwise reduce the Software Product to human-readable form to -gain access to trade secrets or confidential information in the -Software Product; - -(d) use the Software Product for timesharing, hosting or service -bureau purposes; or - -(e) remove, obscure, or alter UPEK's (or its third party licensors') -copyright notices, trademarks, or other proprietary rights notices -affixed to or contained within the Software Product (and any copies -thereof, including the back-up copy) or use such notices, trademarks -or service marks for any other purpose. - -You understand and agree that (i) the Software Product is licensed to -You and not sold, (ii) your license to the individual components of -the Software Product is limited to use of the Software Product as a -whole, and You may not use or seek to use software code incorporated -therein on a stand-alone basis, and (iii) the individual components of -the Software Product may not be separated for use on more than one -UPEK- Enabled Device, unless expressly permitted by this EULA. UPEK -retains title to all copies of the Software Product and all associated -intellectual property rights therein, and any and all documentation -thereof. - -5. PROPRIETARY NOTICES; TRADEMARKS. You agree to maintain and -reproduce all copyright and other proprietary notices on all copies, -in any form, of the Software Product in the same form and manner that -such copyright and other proprietary notices are included on the -Software Product, including on any back-up copy of the Software -Product. This EULA does not grant You any rights in connection with -any trademarks or service marks of UPEK. - -6. SUPPORT SERVICES. UPEK may provide You with support services -related to the Software Product ("Support Services"). Use of Support -Services, if any, is governed by the UPEK policies and terms described -in other UPEK-provided materials. Any supplemental software code -provided to You as part of the Support Services is considered part of -the Software Product and subject to the terms and conditions of this -EULA. - -7. LIMITED WARRANTY. - -(a) UPEK warrants that during the "Warranty Period" (as defined -below): (i) the media on which the Software Product is furnished, if -any, will be free of defects in materials and workmanship under normal -use; and (ii) the Software Product will substantially conform to its -published specifications (the "Limited Warranty"). The "Warranty -Period" means a period beginning on the date of Your receipt of the -Software Product, as applicable, and ending on the later of (i) thirty -(30) days from the date of delivery of such Software Product, as -applicable, or (ii) the end of the minimum period required by the law -of the applicable jurisdiction. The Limited Warranty extends only to -You as the original licensee. This Limited Warranty does not cover -anything caused by accident or abuse or by use of the Software Product -other than for its reasonably intended purposes and as recommended in -the accompanying user documentation. Updates are covered by this -warranty only if provided to You during the Warranty Period. Your sole -and exclusive remedy and the entire liability of UPEK and its -suppliers under this Limited Warranty will be, at UPEK's option, to -repair, replace, or refund the purchase price for the Software Product -that is returned to UPEK, as applicable, provided that you report the -defects to UPEK or its designee within the Warranty Period. Any breach -of the Limited Warranty related to an error or defect in the media -containing the Software Product shall be remedied solely with the -replacement of the media containing the Software Product. You shall -pay shipping or freight charges, including, without limitation, -obtaining full value replacement insurance, for any returns, whether -for repair, replacement, or refund, to UPEK or its designee. - -(b) This warranty does not apply if the Software Product (i) is -licensed for beta, evaluation, testing, demonstration or other -purposes for which UPEK does not receive a license fee, (ii) has been -altered, except by UPEK, (iii) has not been installed, operated, -repaired, or maintained by UPEK or in accordance with instructions -supplied by UPEK, (iv) has been subjected to abnormal physical or -electrical stress, misuse, negligence, or accident, or (v) is used in -ultrahazardous activities. - -8. DISCLAIMER OF WARRANTIES. - -(a) EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN SECTION 7, UPEK AND -ITS SUPPLIERS PROVIDE THE SOFTWARE PRODUCT AND SUPPORT SERVICES (IF -ANY) TO YOU "AS IS," AND YOUR USE IS AT YOUR OWN RISK. UPEK DOES NOT -MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS OR IMPLIED -WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF -MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF -THIRD PARTY RIGHTS, AND ANY WARRANTIES ARISING FROM A COURSE OF -DEALING, USAGE, OR TRADE PRACTICE. THE DURATION OF ANY IMPLIED -WARRANTY THAT IS NOT EFFECTIVELY DISCLAIMED WILL BE LIMITED TO THE -WARRANTY PERIOD. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN -IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. - -(b) UPEK DOES NOT WARRANT THAT THE SOFTWARE PRODUCT IS ERROR FREE OR -THAT YOU WILL BE ABLE TO OPERATE THE SOFTWARE WITHOUT PROBLEMS OR -INTERRUPTIONS. - -9. LIMITATION OF LIABILITY. - -(a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY -ACKNOWLEDGE AND AGREE THAT NEITHER UPEK NOR ITS AFFILIATES, RESELLERS -OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, -CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR IN -CONNECTION WITH THIS EULA, HOWSOEVER CAUSED BY ANY THEORY OF -LIABILITY, INCLUDING BUT NOT LIMITED TO, CONTRACTS, PRODUCTS -LIABILITY, STRICT LIABILITY AND NEGLIGENCE, AND WHETHER OR NOT UPEK OR -ITS SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF -SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT -PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE TOTAL LIABILITY OF -UPEK OR ANY OF ITS AFFILIATES, SUPPLIERS OR LICENSORS ARISING OUT OF -OR RELATED TO THIS EULA EXCEED THE FEES ACTUALLY PAID TO UPEK FOR THE -SOFTWARE PRODUCT. - -(b) YOU ACKNOWLEDGE AND AGREE THAT THE PROVISIONS UNDER THIS EULA THAT -LIMIT LIABILITY, DISCLAIM WARRANTIES, OR EXCLUDE CONSEQUENTIAL DAMAGES -OR OTHER DAMAGES OR REMEDIES ARE ESSENTIAL TERMS OF THIS EULA THAT ARE -FUNDAMENTAL TO THE PARTIES' UNDERSTANDING REGARDING ALLOCATION OF -RISK. ACCORDINGLY, SUCH PROVISIONS SHALL BE SEVERABLE AND INDEPENDENT -OF ANY OTHER PROVISIONS AND SHALL BE ENFORCED AS SUCH, REGARDLESS OF -ANY BREACH OR OTHER OCCURRENCE HEREUNDER, AND EVEN UNDER CIRCUMSTANCES -THAT CAUSE ANY EXCLUSIVE REMEDY UNDER THIS EULA TO FAIL OF ITS -ESSENTIAL PURPOSE. - -10. TERM AND TERMINATION. - -(a) The term of this EULA shall commence upon the date You accept the -terms and conditions of this EULA, and shall continue in full force -and effect thereafter unless terminated by UPEK as provided herein. -UPEK may, at its option, terminate this EULA immediately upon notice -to You, if You fail to comply with any terms and conditions of this -EULA. - -(b) Upon termination, all license rights under this EULA will -terminate and You must promptly destroy all copies of the Software -Product in Your possession or control. Upon UPEK's request, You shall -certify in writing that You have complied with Your obligations under -this Section and otherwise under this EULA. Termination by UPEK will -not limit any of UPEK's other rights or remedies under this EULA or at -law or in equity. - -11. MISCELLANEOUS. - -(a) LIMITS ON YOUR RIGHT TO TRANSFER. You may not assign, sublicense, -rent, lease, lend, sell, grant a security interest in, or otherwise -transfer the Software Product or any rights under this EULA without -the prior written consent of UPEK. - -(b) APPLICABLE LAW. This EULA is governed by the laws of the United -States and the State of California, without regard to the conflict of -laws principles thereof. In relation to any legal action or proceeding -arising out of this EULA, You hereby irrevocably consent and submit to -the exclusive jurisdiction of the competent federal and state courts -having jurisdiction in San Francisco County, California, and waive any -objection to proceedings in such courts. If this EULA is translated -into a language other than English and there is a conflict between the -terms of the EULA in English and the EULA in the other language, the -terms of the terms of the EULA in English shall prevail. The EULA in -English may be downloaded from the UPEK website. - -(c) COMPLIANCE WITH LAWS. You agree to use the Software Product in -compliance with all applicable laws, statutes, rules and regulations, -including, without limitation, U.S. export laws and regulations. - -(d) SEVERABILITY AND SURVIVAL. If any provision of this EULA is -illegal or unenforceable under applicable law, the remaining -provisions of this EULA will remain valid and fully enforceable. If -any provision is in part enforceable and in part unenforceable, it -will be enforced to the extent permitted under applicable law. -Sections 4, 5, 7, 8, 9, 10 and 11 shall survive the termination of -this EULA. - -(e) INJUNCTIVE RELIEF. You agree that a breach of this EULA adversely -affecting UPEK's proprietary rights in the Software Product or any -UPEK-Enabled Device may cause irreparable injury to UPEK for which -monetary damages would not be an adequate remedy and UPEK shall be -entitled to equitable relief in addition to any remedies it may have -hereunder or at law. - -(f) ENTIRE AGREEMENT. This EULA (including any addendum or amendment -to this EULA which is included with the Software Product) is the -entire agreement between You and UPEK relating to the Software Product -and the Support Services (if any) and they supersede all prior or -contemporaneous oral or written communications, proposals and -representations with respect to the Software Product or any other -subject matter covered by this EULA. No amendment to or modification -of this EULA will be binding unless made in writing and signed by -UPEK. No failure to exercise, and no delay in exercising, on the part -of either party, any right or any power hereunder shall operate as a -waiver thereof, nor shall any single or partial exercise of any right -or power hereunder preclude further exercise of any other right -hereunder. In the event of any conflict between this EULA and any -applicable purchase terms or UPEK's policies and terms for Support -Services, the terms of this EULA shall control. |