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licenses: Remove three unused licenses (packages removed)

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Signed-off-by: Michał Górny <mgorny@gentoo.org>
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Michał Górny
2018-12-07 17:14:04 +01:00
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198
licenses/SILK-patent-license
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SILK PATENT LICENSE
PLEASE READ THIS SKYPE SILK PATENT LICENSE AGREEMENT (THE "LICENSE
AGREEMENT") CAREFULLY BEFORE USING OR EXPLOITING THE SKYPE SILK CODEC
(THE "SILK CODEC"). THIS LICENSE AGREEMENT GRANTS YOU CERTAIN LIMITED
RIGHTS UNDER SKYPE PATENTS TO USE AND EXPLOIT THE SILK CODEC. THE
SOFTWARE CODE AND COPYRIGHTS FOR SKYPE'S SOFTWARE IMPLEMENTATION OF
THE SILK CODEC (THE "SKYPE SILK SOFTWARE") ARE LICENSED SEPARATELY,
AND THIS LICENSE AGREEMENT APPLIES ONLY TO SKYPE'S PATENT RIGHTS IN
THE SILK CODEC.
NO OTHER SKYPE AGREEMENT GRANTS YOU ANY RIGHT, EXPRESS OR IMPLIED,
UNDER SKYPE PATENTS WITH RESPECT TO THE SILK CODEC. SKYPE IS WILLING
TO GRANT YOU THE LIMITED PATENT LICENSE SET FORTH HEREIN ONLY UPON THE
CONDITION THAT YOU EXPRESSLY ACCEPT AND COMPLY WITH THE TERMS AND
CONDITIONS OF THIS LICENSE AGREEMENT.
BY CLICKING "I AGREE" BELOW, YOU INDICATE THAT YOU UNDERSTAND THIS
LICENSE AGREEMENT AND AGREE TO ALL OF ITS TERMS. IF YOU DO NOT ACCEPT
AND AGREE TO ALL OF THE TERMS OF THIS LICENSE AGREEMENT, THEN SKYPE IS
UNWILLING TO GRANT YOU ANY RIGHTS UNDER SKYPE PATENTS WITH RESPECT TO
THE SILK CODEC AND SKYPE RESERVES THE RIGHT TO ENFORCE ITS PATENT
RIGHTS AGAINST YOU AND ANY USE OR EXPLOITATION YOU MAY MAKE OF THE
SILK CODEC.
1. Definitions
"Affiliate" means, with respect to any entity, any other entity
directly or indirectly controlling or controlled by, or under direct
or indirect common control with such entity.
"Compare Tool" means the tool supplied with the Skype Silk Software
for comparing the decoder output Test Vectors provided by Skype with
the output of a decoder part of a Licensed Product to determine
whether the Licensed Product is Fully Compatible. The output of the
Compare Tool will be either a "pass" or "fail" based on fixed
thresholds hardcoded into the Compare Tool.
"Compatibility Test" means the test script supplied with the Skype
Silk Software to determine whether a Licensed Product is Fully
Compatible. At the user's request, the test script will invoke the
decoder of the Licensed Product, input the encoder output Test
Vectors, and compare the output from the Licensed Product with the
decoder output Test Vectors using the Compare Tool.
"Fully Compatible" means that (i) upon successfully running the
Compatibility Test on a Licensed Product, the Compare Tool indicates
that the Licensed Product has passed the test; and (ii) the use of
such Licensed Product with the Skype Silk Software does not create or
result in any errors or bugs or otherwise negatively impair or
negatively impact the functioning or operation of the Skype Silk
Software.
"Licensed Patents" means patents, patent applications and other patent
rights owned or controlled by Skype or its Affiliates that would be
infringed by any unlicensed manufacture, use, sale, offer for sale or
importation of the Silk Codec that is implemented by the Skype Silk
Software made publicly available by Skype at
http://developer.skype.com/silk.
"Licensed Products" means products having encoder and/or decoder
functionality based on a version of the Silk Codec released prior to
the date set forth at the top of this License Agreement (a) the
unlicensed manufacture, use, sale, offer for sale or importation of
which would infringe any issued, unexpired claim or pending claim
contained in the Licensed Patents in the country in which any such
product is made, used, imported, offered for sale or sold and (b) that
are Fully Compatible with the most current version of the Skype Silk
Software made publicly available by Skype at
http://developer.skype.com/silk at the time you entered into this
License Agreement.
"Skype" means Skype Software S.a.r.l., a Luxembourg corporation.
"Test Vector" means the bit representation of a signal provided by
Skype with the Skype Silk Software.
2. License and Restrictions
2.1 License Grant. Subject to your compliance with the terms and
conditions of this License Agreement, Skype hereby grants you a
non-exclusive, non-transferable license under the Licensed Patents to
use, make, have made, sell, offer for sale, and import Licensed
Products. The license rights granted under this Section 2.1 will
remain in force and effect until the earlier of (i) termination of
this License Agreement in accordance with its terms or (ii) expiration
of the last to expire of the Licensed Patents.
2.2 No Technology Transfer Obligation. Nothing in this License
Agreement will be deemed to require Skype to furnish any technology,
information, materials or services of any kind.
2.3 No Other Rights. Nothing in this License Agreement will be deemed
to confer on you, by implication, estoppel or otherwise, any license
or other right under any patent or other intellectual property rights
of Skype, except as expressly granted herein.
3. Non-Assert
3.1 You agree that you will not, and you will procure that your
Affiliates, officers, employees and assignees will not, assert or
otherwise claim or allege infringement of any patents or patent rights
capable of being infringed by use, manufacture, marketing, making,
having made, keeping, disposing of, offering to dispose of,
distribution, sale, offering for sale or importation of (i) the Silk
Codec or any other or modified version thereof as such or on any
device or (ii) any combination of the Silk Codec or any other or
modified version thereof with any hardware and/or software, against
(a) Skype or its Affiliates, (b) any direct or indirect licensee of
Skype or any Affiliate of Skype, or (c) distributors, customers and
end users of any of the foregoing.
3.2 You shall be released from the non-assertion obligation under
Section 3.1 in relation to any beneficiary (but not in relation to
other beneficiaries) of Section 3.1 that asserts any patent against
you for your use of the Skype Silk Software.
4. No Warranty
4.1 Skype, its Affiliates, officers, employees and agents, make no
representations or warranties that Licensed Patents are or will be
held valid or enforceable, or that the manufacture, importation, use,
offer for sale, sale or other distribution of any Licensed Products
will not infringe upon any patent or other rights.
4.2 SKYPE, ITS AFFILIATES, OFFICERS, EMPLOYEES AND AGENTS, MAKE NO
REPRESENTATIONS, EXTEND NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ASSUME NO
RESPONSIBILITIES WHATEVER WITH RESPECT TO DESIGN, DEVELOPMENT,
MANUFACTURE, USE, SALE OR OTHER DISPOSITION OF ANY LICENSED PRODUCTS.
4.3 YOU ASSUME THE ENTIRE RISK AS TO PERFORMANCE OF LICENSED PRODUCTS.
In no event shall Skype, its Affiliates, officers, employees and
agents, be responsible or liable for any direct, indirect, special,
incidental, or consequential damages or lost profits or other economic
loss or damage with respect to Licensed Products or your exercise of
any rights granted herein, regardless of legal or equitable theory.
The above limitations on liability apply even though Skype, its
Affiliates, officers, employees or agents may have been advised of the
possibility of such damage.
4.4 You agree not to make any statements, representations or
warranties whatsoever to any person or entity, or accept any
liabilities or responsibilities whatsoever from any person or entity
that are inconsistent with any disclaimer or limitation included in
this Section 4.
5. Termination
5.1 Skype may terminate this License Agreement and any rights granted
hereunder in the event that you or any of your Affiliates (i)
materially breaches any of the terms and conditions of this Agreement;
or (ii) asserts any patent or patent rights against Skype, its
Affiliates, or its or their successors or assigns.
5.2 Sections 1, 3, 4, 5.2, 6, and 7 will survive any termination or
expiration of this Agreement.
6. Governing Law
This License Agreement will be governed by and construed in accordance
with the laws of the State of California and the United States of
America, without regard to or application of conflicts of law rules or
principles. The United Nations Convention on Contracts for the
International Sale of Goods will not apply. Any dispute, controversy
or claim arising out of or relating to this License Agreement shall be
adjudicated in the state or federal courts located in Santa Clara
County, California, and you expressly consent to the exclusive
personal jurisdiction and venue therein. Notwithstanding the
foregoing, Skype shall have the right to seek injunction or any other
equitable or similar relief from any court of competent jurisdiction.
Any monetary award shall be payable in United States dollars.
7. General
You may not assign, novate or transfer this License Agreement or any
rights granted hereunder, by operation of law or otherwise, without
Skype's prior written consent, and any attempt by you to do so,
without such consent, will be void and of no effect. Skype may assign,
transfer or otherwise dispose of any rights or obligations under this
Agreement or novate this License Agreement to any third party. Except
as expressly set forth in this License Agreement, the exercise by
either party of any of its remedies under this License Agreement will
be without prejudice to its other remedies under this License
Agreement or otherwise. The failure by Skype to enforce any provision
of this License Agreement will not constitute a waiver of future
enforcement of that or any other provision. Any waiver, modification
or amendment of any provision of this License Agreement will be
effective only if in writing and signed by authorized representatives
of both parties. If any provision of this License Agreement is held to
be unenforceable or invalid, that provision will be enforced to the
maximum extent possible and the other provisions will remain in full
force and effect. This License Agreement is the complete and exclusive
understanding and agreement between the parties regarding its subject
matter, and supersedes all proposals, understandings or communications
between the parties, oral or written, regarding its subject matter,
unless you and Skype have executed a separate agreement.

312
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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.

78
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=============================================================================
===================== BioAPI Consortium Disclaimer =========================
=============================================================================
BioAPI Reference Implementation IMPORTANT: READ BEFORE DOWNLOADING, COPYING,
INSTALLING OR USING.
By downloading, copying, installing or using the software you agree to this
license. If you do not agree to this license, do not download, install, copy
or use the software. Copyright (c) 2000, BioAPI Consortium All rights
reserved. Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are met:
Redistributions of source code must retain the above copyright notice, this
list of conditions and the following disclaimer.
Redistributions in binary form must reproduce the above copyright notice,
this list of conditions and the following disclaimer in the documentation
and/or other materials provided with the distribution.
Neither the name of the BioAPI Consortium nor the names of its contributors
may be used to endorse or promote products derived from this software without
specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS ``AS IS''
AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
ARE DISCLAIMED. IN NO EVENT SHALL THE REGENTS OR CONTRIBUTORS BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER
CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY,
OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE
OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
==============================================================================
====== National Institute of Standards and Technology (NIST) Disclaimer ======
==============================================================================
NOTICE OF SOFTWARE DISCLAIMER AND USE
The NIST BioAPI Reference Implementation (NIST BioAPI software) provided
herein is released to any person, company or other legal entity (Experimenter)
by the National Institute of Standards and Technology (NIST), an agency of the
U.S. Department of Commerce, Gaithersburg MD 20899, USA. The NIST BioAPI
software presented here is intended for the following purposes: (1) internal
research and development by any Experimenter or (2) subsequent integration
into an Experimenter's BioAPI commercial product. The NIST BioAPI software IS
PROVIDED "AS IS" and bears NO WARRANTY, NEITHER EXPRESS, IMPLIED NOR FITNESS
FOR A PARTICULAR PURPOSE. NIST does not assume liability or responsibility for
any Experimenter's use of NIST-derived software product or the results of such
use. By using this software product you agree to assume any and all liabilities
which may arise out of your use of the software. The U.S. Government shall not
be responsible for damages or liability of any kind arising out of the use of
any of this NIST BioAPI software by the Experimenter or any party acting on
the experimenter's behalf. In no case shall any Experimenter state or imply
endorsement, approval, or evaluation of its product by NIST or the U.S.
Government.
Please note that the NIST BioAPI software contains Intellectual Property from
other (non government) entities and it is the Experimenter's responsibility
to fully comply with existing laws before using the NIST BioAPI software, or
any derivation, in any commercial product.
Please note that within the United States, copyright protection, under Section
105 of the United States Code, Title 17, is not available for any work of the
United States Government and/or for any works created by United States
Government employees. Experimenters acknowledge that the NIST BioAPI software
contains work which was created by NIST employees and is therefore in the
public domain and is not subject to copyright. The Experimenter may use,
distribute or incorporate this code, or any part of it, provided the
Experimenter acknowledges this via an explicitit acknowledgment of NIST-related
contributions to the Experimenter's work. The Experimenter also agrees to
acknowledge, via an explicit acknowledgment, that modifications or alterations
have been made to this software by the Experimenter before redistribution.
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