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author | Seemant Kulleen <seemant@gentoo.org> | 2002-07-17 01:39:38 +0000 |
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committer | Seemant Kulleen <seemant@gentoo.org> | 2002-07-17 01:39:38 +0000 |
commit | d8b599c3388625fae4836779de200c08f381bb8e (patch) | |
tree | 7430ab1a5f151716b1d7f90c3615cdd494425e6c /licenses/Macromedia | |
parent | added netscape license (diff) | |
download | gentoo-2-d8b599c3388625fae4836779de200c08f381bb8e.tar.gz gentoo-2-d8b599c3388625fae4836779de200c08f381bb8e.tar.bz2 gentoo-2-d8b599c3388625fae4836779de200c08f381bb8e.zip |
Added macromedia license
Diffstat (limited to 'licenses/Macromedia')
-rw-r--r-- | licenses/Macromedia | 203 |
1 files changed, 203 insertions, 0 deletions
diff --git a/licenses/Macromedia b/licenses/Macromedia new file mode 100644 index 000000000000..065423ae205b --- /dev/null +++ b/licenses/Macromedia @@ -0,0 +1,203 @@ + MACROMEDIA® SOFTWARE END USER LICENSE AGREEMENT FOR DESKTOP USE ONLY + + IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT ("EULA") IS A + LEGAL AGREEMENT BETWEEN YOU AND MACROMEDIA. READ IT CAREFULLY BEFORE + USING THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND + CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY SELECTING + THE DOWNLOAD OR INSTALL NOW BUTTON AND USING THE SOFTWARE, YOU ARE + CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME + BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND + BY THESE TERMS, THEN UNINSTALL THE SOFTWARE FROM YOUR COMPUTER. + + 1. Definitions + + (a) "Macromedia" means Macromedia, Inc. and its licensors, if any. + (b) "Software" means only the Macromedia software program(s) and third + party software programs, in each case, supplied by Macromedia + herewith, and corresponding documentation, associated media, printed + materials, and online or electronic documentation. + + 2. License Grants + + (a) You may install and use the Software on a single desktop computer + that has a Windows PC (including Windows 95, 98, 2000, NT, Me and XP), + a Macintosh desktop operating system, a Linux desktop operating + system, or a Solaris desktop operating system; provided, however, + that, notwithstanding anything contrary contained herein, you may not + use the Software on any non-PC product, including, but not limited to, + a web appliance, set top box (STB), handheld, phone, or web pad + device. A license for the Software may not be shared, installed or + used concurrently on different computers. + (b) You may make one copy of the Software in machine-readable form + solely for backup purposes. You must reproduce on any such copy all + copyright notices and any other proprietary legends on the original + copy of the Software. + (c) You agree that Macromedia may audit your use of the Software for + compliance with these terms at any time, upon reasonable notice. + (d) Your license rights under this EULA are non-exclusive. + (e) Certain rights are not granted under this Agreement, but may be + available under a separate agreement. If you would like to enter into + a Distribution Agreement, please go to: + [9]http://www.macromedia.com/software/flash/open/licensing/. + 3. License Restrictions + + (a) Other than as set forth in Section 2, you may not make or + distribute copies of the Software, or electronically transfer the + Software from one computer to another or over a network. + (b) You may not alter, merge, modify, adapt or translate the Software, + or decompile, reverse engineer, disassemble, or otherwise reduce the + Software to a human-perceivable form. + (c) You may not sell, rent, lease, or sublicense the Software. + (d) You may not modify the Software or create derivative works based + upon the Software. + (e) You may not export the Software into any country prohibited by the + United States Export Administration Act and the regulations + thereunder. + (f) In the event that you fail to comply with this EULA, Macromedia + may terminate the license and you must destroy all copies of the + Software (with all other rights of both parties and all other + provisions of this EULA surviving any such termination). + + 4. Ownership + + The foregoing license gives you limited license to use the Software. + Macromedia and its suppliers retain all right, title and interest, + including all copyright and intellectual property rights, in and to, + the Software and all copies thereof. All rights not specifically + granted in this EULA, including Federal and International Copyrights, + are reserved by Macromedia and its suppliers. + + 5. WARRANTY DISCLAIMER + + (a) THE SOFTWARE IS PROVIDED TO YOU FREE OF CHARGE, AND ON AN "AS-IS" + BASIS. MACROMEDIA PROVIDES NO TECHNICAL SUPPORT OR WARRANTIES FOR THE + SOFTWARE. + (b) MACROMEDIA AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND + REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE + WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. + ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT AND TITLE OR QUIET + ENJOYMENT. MACROMEDIA DOES NOT WARRANT THAT THE SOFTWARE IS ERROR-FREE + OR WILL OPERATE WITHOUT INTERRUPTION. NO RIGHTS OR REMEDIES REFERRED + TO IN ARTICLE 2A OF THE UCC WILL BE CONFERRED ON YOU UNLESS EXPRESSLY + GRANTED HEREIN. THE SOFTWARE IS NOT DESIGNED, INTENDED OR LICENSED FOR + USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING + WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION + OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, + AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. MACROMEDIA + SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR + SUCH PURPOSES. + (c) IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE + SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) + DAYS FROM THE DATE OF DELIVERY. + (d) NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MACROMEDIA, ITS + DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR + IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN. + (e) (USA only) SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED + WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY + GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL + RIGHTS THAT VARY FROM STATE TO STATE. + + 6. LIMITATION OF LIABILITY + + (a) NEITHER MACROMEDIA NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY + THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR + CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE + INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF + PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE + OF, OR INABILITY TO USE, THE SOFTWARE AND BASED ON ANY THEORY OF + LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT + (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF + MACROMEDIA OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY + OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE + FAILED OF ITS ESSENTIAL PURPOSE. + (b) MACROMEDIA'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY + CAUSE WHATSOEVER WILL BE LIMITED TO THE GREATER OF $50 OR THE AMOUNT + PAID BY YOU FOR THE SOFTWARE THAT CAUSED SUCH DAMAGE. + (c) (USA only) SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF + LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE + LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE + OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. + (d) THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO + THE WARRANTIES AND DISCLAIMERS ABOVE AND ALL OTHER ASPECTS OF THIS + EULA. + + 7. Basis of Bargain + + The Warranty Disclaimer, Exclusive Remedies and Limited Liability set + forth above are fundamental elements of the basis of the agreement + between Macromedia and you. Macromedia would not be able to provide + the Software on an economic basis without such limitations. Such + Warranty Disclaimer, Exclusive Remedies and Limited Liability inure to + the benefit of Macromedia's licensors. + + 8. U.S. GOVERNMENT RESTRICTED RIGHTS LEGEND + + This Software and the documentation are provided with "RESTRICTED + RIGHTS" applicable to private and public licenses alike. Without + limiting the foregoing, use, duplication, or disclosure by the US + Government is subject to restrictions as set forth in this EULA and as + provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS + 252.227-7013 (c)(1)(ii)(OCT 1988), FAR 12.212(a)(1995), FAR 52.227-19, + or FAR 52.227-14, as applicable. Manufacturer: Macromedia, Inc., 600 + Townsend, San Francisco, CA 94103. + + 9. (Outside of the USA) Consumer End Users Only + + The limitations or exclusions of warranties and liability contained in + this EULA do not affect or prejudice the statutory rights of a + consumer (i.e., a person acquiring goods otherwise than in the course + of a business). + + The limitations or exclusions of warranties, remedies or liability + contained in this EULA shall apply to you only to the extent such + limitations or exclusions are permitted under the laws of the + jurisdiction where you are located. + 10. Third Party Software + + The Software may contain third party software which requires notices + and/or additional terms and conditions. Such required third party + software notices and/or additional terms and conditions are located at + [10]http://www.macromedia.com/go/thirdparty/ and are made a part of + and incorporated by reference into this EULA. + + 11. General + + This EULA shall be governed by the internal laws of the State of + California, without giving effect to principles of conflict of laws. + You hereby consent to the exclusive jurisdiction and venue of the + state courts sitting in San Francisco County, California or the + federal courts in the Northern District of California to resolve any + disputes arising under this EULA. In each case this EULA shall be + construed and enforced without regard to the United Nations Convention + on the International Sale of Goods. + This EULA contains the complete agreement between the parties with + respect to the subject matter hereof, and supersedes all prior or + contemporaneous agreements or understandings, whether oral or written. + You agree that any varying or additional terms contained in any + purchase order or other written notification or document issued by you + in relation to the Software licensed hereunder shall be of no effect. + The failure or delay of Macromedia to exercise any of its rights under + this EULA or upon any breach of this EULA shall not be deemed a waiver + of those rights or of the breach. + + No Macromedia dealer, agent or employee is authorized to make any + amendment to this EULA. + + If any provision of this Agreement shall be held by a court of + competent jurisdiction to be contrary to law, that provision will be + enforced to the maximum extent permissible, and the remaining + provisions of this Agreement will remain in full force and effect. + + All questions concerning this EULA shall be directed to: Macromedia, + Inc., 600 Townsend, San Francisco, CA 94103, Attention: General + Counsel. + + Macromedia and other trademarks contained in the Software are + trademarks or registered trademarks of Macromedia, Inc. in the United + States and/or other countries. Third party trademarks, trade names, + product names and logos may be the trademarks or registered trademarks + of their respective owners. You may not remove or alter any trademark, + trade names, product names, logo, copyright or other proprietary + notices, legends, symbols or labels in the Software. This EULA does + not authorize you to use Macromedia's or its licensors' names or any + of their respective trademarks. |