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diff --git a/licenses/Xerox b/licenses/Xerox deleted file mode 100644 index 4d5a8d3da..000000000 --- a/licenses/Xerox +++ /dev/null @@ -1,112 +0,0 @@ - LICENSE AGREEMENT AND WARRANTY FOR THE ENCLOSED SOFTWARE AND RELATED DOCUMENTATION - - -YOUR LICENSE AGREEMENT - READ BEFORE INSTALLING SOFTWARE -IMPORTANT: -THIS AGREEMENT CONTAINS THE LICENSE TERMS AND CONDITIONS FOR LICENSED SOFTWARE AND RELATED DOCUMENTATION. INSTALLING THE SOFTWARE PACKAGE YOURSELF -OR THROUGH A THIRD PARTY SIGNIFIES YOUR ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU MUST PROMPTLY RETURN THE SOFTWARE -PACKAGE AND DELETE ANY SOFTWARE FILES ACCESSED BY YOU OR A THIRD PARTY ON YOUR BEHALF FROM ANY AND ALL COMPUTER MEMORY INTO WHICH SUCH SOFTWARE HAS -BEEN LOADED OR STORED. WHEN USED IN THIS AGREEMENT THE WORD "XEROX" SHALL MEAN XEROX CORPORATION, ITS OPERATING COMPANY SUBSIDIARY OR AFFILIATE -FROM WHICH YOU OBTAINED THE XEROX PRODUCT WITH WHICH THE SOFTWARE IS TO BE USED (the "Equipment"), UNLESS YOU OBTAINED THE EQUIPMENT FROM AN -AUTHORIZED DEALER, AGENT, CONCESSIONAIRE OR DISTRIBUTOR, IN WHICH CASE "XEROX" SHALL MEAN XEROX CORPORATION, ITS OPERATING COMPANY, SUBSIDIARY OR -AFFILIATE FROM WHICH THE ENTITY THAT SOLD YOU THE EQUIPMENT ACQUIRED IT. -IF YOU ARE INSTALLING THE SOFTWARE ON BEHALF OF THE EQUIPMENT END USER YOU MUST AGREE THAT YOU ARE ACTING AS AN AGENT OF THE END USER CUSTOMER -BEFORE PROCEEDING. AS AGENT FOR THE END USER YOU HEREBY AGREE THAT YOU HAVE EITHER; -1) READ AND AGREED TO THE SOFTWARE LICENSE TERMS AS AUTHORIZED BY THE END USER, OR -2) YOU HAVE MADE THE END USER AWARE OF THE LICENSE TERMS AND THE END USER HAS EXPLICITLY ACCEPTED THEM. -1. -GRANT OF LICENSE -Subject to compliance with the terms of the agreement(s) pursuant to which you purchased or otherwise obtained rights to the Equipment, Xerox -hereby grants you a non-exclusive, non-transferable license to use the software and related documentation ("Software") enclosed in this package -with the Equipment, including use of any on networked workstation or server for your internal purposes only, for as long as you are current in the -payment of any indicated software license fees (including any annual renewal or maintenance fees) on the following terms and conditions. -2. -USE -You may install the Software on the Equipment or if applicable, on equipment for use only in conjunction with the Equipment. When networked, other -users on the network may access and use the Software in conjunction with the Equipment. -3. -OWNERSHIP, COPYING, MODIFICATION AND CONFIDENTIALITY -3. 1 Xerox owns or is otherwise entitled to grant a license in the Software as set forth herein. -3. 2 No title to or ownership of the Software or any proprietary right therein is transferred to you. -3. 3 You may, subject to Section 3.4 below, make one copy of the Software in whole or in part only for that purpose expressly permitted in -Section 2 above and for back-up. Such permitted copy shall include in readable format any copyright and other proprietary notices contained on the -original Software. -3. 4 You may copy the related documentation for use only in conjunction with the Equipment. -3. 5 You may not distribute, alter, create derivatives of, or modify nor cause or allow others to alter or modify the Software. -3. 6 You agree not to provide or otherwise make available the Software to anyone other than your employees and agents directly concerned with -the licensed use of the Software. -3. 7 The Software is protected by copyright and other proprietary rights of Xerox and/or a third party. You may be held directly responsible by -such third party for an infringement of such rights by you. -3. 8 You agree not to (1) copy except as allowed in Section 3.3, reverse engineer, decompile or disassemble the Software for any purpose -whatsoever; (2) activate any software delivered with or within the Equipment in an unactivated state; or, (3) allow others to engage in same, -except to the extent permitted by law. -3. 9 Software may contain, or be modified to contain, computer code capable of automatically disabling proper operation or functioning of the -Equipment. Such disabling code may be activated if: (a) Xerox is denied reasonable access to the Software to periodically reset such code; (b) you -are notified of a default under any term of this Agreement; or, (c) your license is terminated or expires. -3. 10 You agree not to export or re-export the Software in any form without, in the case of a customer in the United States, first obtaining all -United States government licenses, and in the case of a customer outside of the United States, all relevant foreign government licenses, required -by law, and then only upon the export of the Equipment. -4. -TRANSFER OF LICENSED SOFTWARE -If you transfer possession of the Equipment, Xerox will offer the transferee a license to use the Software on or with it, subject to Xerox' then -applicable terms and license fees, if any, and provided the transfer is not in violation of Xerox' rights. -5. -DIAGNOSTIC SOFTWARE -Software used to maintain the Equipment and/or diagnose its failures or substandard performance (collectively Diagnostic Software) may be embedded -in, reside on, or may be loaded onto the Equipment. The Diagnostic Software and method of entry or access to it constitute valuable trade secrets -of Xerox. Title to the Diagnostic Software shall at all times remain solely with Xerox and/or Xerox's licensors. You agree that (a) your -acquisition of the Equipment does not grant you a license or right to use the Diagnostic Software in any manner, and (b) that unless separately -licensed by Xerox to do so, you will not use, reproduce, distribute, or disclose the Diagnostic Software for any purpose for allow third parties to -do so). You agree at all times (including subsequent to the expiration of this Agreement) to allow Xerox to access, monitor, and otherwise take -steps to prevent unauthorized use or reproduction of the Diagnostic Software. -6. -LIMITED WARRANTY -6. 1 Xerox warrants that the Software shall substantially conform to Xerox' User Manual or other Xerox documentation supplied at delivery to the -original Customer. Xerox does not warrant that the operation of the Software will be uninterrupted or error free, or that it will meet your needs. -6. 2 In the event the Software does not conform to the limited warranty contained in Section 6.1 above, your exclusive remedy is to notify Xerox -within ninety(90) days of the date of delivery, and Xerox' or its supplier's sole obligation shall be to use all reasonable efforts to provide a -work-around which avoids the nonconformity or to provide you with Software which does substantially conform to the Xerox User Manual or other Xerox -supplied documentation. -6. 3 XEROX GRANTS NO OTHER WARRANTIES ON THE "SOFTWARE", EXPRESS OR IMPLIED, WHETHER CREATED BY STATUTE OR OTHERWISE, INCLUDING WITHOUT -LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. XEROX FURTHER DISCLAIMS ANY WARRANTIES -OR REPRESENTATIONS MADE BY PERSONS OTHER THAN XEROX (INCLUDING, BUT NOT LIMITED TO, XEROX SOFTWARE DEALERS, AGENTS, CONCESSIONAIRES OR -DISTRIBUTORS). -6. 4 The express warranties set forth above shall be void if you fail to properly use the Software in the appropriate environment as specified -in the Xerox supplied documentation or if the Software is modified or altered in any fashion. -7. -PATENT AND COPYRIGHT INDEMNIFICATION -Xerox will defend and indemnify you if the Software is alleged to infringe, in the United States, any patent, trade secret, or copyright, if you -promptly notify Xerox in writing of any alleged infringement, allow Xerox to direct the defense of such claim, and cooperate with Xerox. All -notices should be sent to the Xerox Office of General Counsel, P.O. Box 1600, Stamford, Connecticut 06904. Xerox is not responsible for any -non-Xerox litigation expenses or settlements unless Xerox pre-approves them in writing. To avoid infringement, Xerox may, at its option, and at no -charge to you, obtain a license, or modify, or substitute an equivalent of, or remove the Software. If Software is removed by Xerox for this -reason, any designated license fees paid by you will be fully refunded; if no portion of the amounts paid to Xerox within the transaction in which -the Software was acquired was designated as a license fee for the Software, Xerox shall refund that portion of the amounts paid that Xerox -reasonably designates as associated with the Software's acquisition. Xerox is not liable for any infringement related liabilities outside of the -scope of this section including, but not limited to, Software being made or modified (by Xerox or others, including you} to your specifications, or -being used or sold in combination with equipment, software, or supplies not provided by Xerox. -8. -LIMITATION OF LIABILITY -IN NO EVENT SHALL XEROX OR ITS SUPPLIERS BE LIABLE FOR ANY PUNITIVE, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, (INCLUDING WITHOUT -LIMITATION, LOSS OF DATA) IN ANY WAY ARISING OUT OF OR RELATED TO THE USE OR INABILITY TO USE THE "SOFTWARE", EVEN IF ADVISED OF THE POSSIBILITY OF -SUCH DAMAGES. IN NO EVENT SHALL XEROX' DIRECT DAMAGES TO YOU EXCEED THE TOTAL LICENSE FEE ACTUALLY PAID BY YOU FOR SUCH "SOFTWARE". -9. -TERMINATION -Xerox may terminate your license for the Software (i) immediately if you no longer use or possess the Equipment or are a lessor of the Equipment -and your first lessee no longer uses or possesses it or (ii) upon the termination of any agreement under which you have rented or leased the -Equipment, (iii) notice in the event of a material breach by you. If terminated as provided above, you shall return to Xerox all copies of the -Software, and remove same from all equipment into which such Software may have been loaded by you. -10. -GOVERNING LAW -This License Agreement will be governed by the laws of the State of New York, USA or if you acquire the Software outside the USA, by the laws of -the country in which you acquired the Equipment, excluding its conflict of laws provisions. Some jurisdictions do not allow limitations on how long -an implied warranty lasts or the exclusion or limitation of incidental or consequential damages, so the above disclaimers, limitations or -exclusions, in whole or in part, may not apply to you. -11. -ENTIRE AGREEMENT -This License Agreement is the entire agreement between Xerox and you pertaining to the Software and supersedes all proposals or prior and -contemporaneous agreements or understandings of the parties regarding the Software. You agree that any terms and conditions contained in any -purchase order or other ordering document submitted to order the Software shall have no binding effect on Xerox and will not modify this Agreement -in any way. -If, after reading the terms and conditions, they are unacceptable to you, then, to avoid contractual obligations and liability, you should promptly -return the software unused, and you will then be entitled to a refund of any sums paid by you to license the Software. |