20070409 Mayfair Software™ EULA for AccuTrack®
Mayfair Software™ for AccuTrack® End User Software License Notice
Software programs on this CD are copyrighted by the respective authors and use of each program is governed by the respective author's terms included on this CD.
Mayfair software claims copyright in the compilation only. THIS SOFTWARE IS PROVIDED AS IS AND WITHOUT
WARRANTY OF ANY KIND. The software may be pre-installed on the terminal that accompanies this CD. Installation or use of this software or the terminal constitutes your agreement to be legally bound by these terms. If you do not agree with these terms, do not use or install this software and contact Mayfair Software at www.mayfairsoftware.com to arrange for return of the software and a refund of the value of the media.
NEITHER MAYFAIR SOFTWARE DISTRIBUTION, INC., NOR ITS AGENTS, DISTRIBUTORS, AFFILIATES,
SUPPLIERS OR CONTENT PROVIDERS, SHALL BE LIABLE FOR ANY VIOLATION OF INTELLECTUAL
PROPERTY RIGHTS OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES
ARISING FROM OR RELATING TO THE SOFTWARE ON THIS CD. THE LIABILITY OF ANY SUCH ENTITIES IS
LIMITED SOLELY AND EXCLUSIVELY TO REFUNDING THE VALUE OF THE MEDIA (BLANK CD) ON WHICH
THE SOFTWARE IS PROVIDED.
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20070409 CALDERA DR-DOS End User License Agreement
IF YOU CHOOSE TO INSTALL THIS SOFTWARE YOU ARE CONSENTING TO BE BOUND BY TERMS OF THIS
AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT CONTINUE
WITH THE INSTALLATION AND/OR RETURN THE COMPLETE PACKAGE TO CALDERA FOR A FULL REFUND.
THIS DOWNLOAD, CDROM OR OTHER SUPPLIED MEDIA/DISTRIBUTION IS PROVIDED WITHOUT TECHNICAL
SUPPORT.
This Agreement has three parts. At least two parts will apply to you. Part I applies if you have not purchased a license to the accompanying software (the "Software"). Part II applies if you have purchased a license to the Software. Part III applies to binary license grants to the Software within the categories of Part I or Part II. If you initially acquired a copy of the Software without purchasing a license and you wish to purchase a license, contact Caldera, Inc.
("Caldera") on the Internet at http:/www.caldera.com or call +1-800-463-7367.
PART I -- TERMS APPLICABLE WHEN LICENSE FEES NOT (YET) PAID TO CALDERA (LIMITED LICENSE FOR
EVALUATION USE) ONLY.
Caldera grants you a non -exclusive license to use the Software in source or binary form free of charge if your use of the
Software is for the purpose of evaluating whether to purchase an ongoing license to the Software. The evaluation period for use by or on behalf of a commercial entity is limited to 90 days; evaluation use by others is not subject to this 90 day limit but is still limited to a reasonable period. If you are using the Software free of charge, you are not entitled to support or telephone assistance. If you fit within the description of a non-commercial use license, you may use the Software in the manner described in Parts III and IV below under "Scope of Grant."
DISCLAIMER OF WARRANTY FOR NON-COMMERCIAL USE.
Software obtained free of charge, whether in source and binary forms, are provided on an "AS IS" basis, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement.
The entire risk as to the quality and performance of the Software is born by you. Should the Software prove defective, you and not Caldera assume the entire cost of any service and repair you may desire. In addition, the security mechanisms implemented by Caldera software have inherent limitations, and you must determine that the Software sufficiently meets your requirements.
This disclaimer of warranty constitutes an essential part of the agreement. SOME JURISDICTIONS DO NOT ALLOW
EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY
HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.
PART II -- TERMS APPLICABLE WHEN LICENSE FEES PAID; GRANT OF LICENSE.
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20070409 Mayfair Software™ EULA for AccuTrack®
Subject to payment of applicable license fees, Caldera grants to you a non-exclusive license to use the Software in binary and in source form and accompanying online documentation ("Documentation") in the manner described in Parts III and IV below under the applicable "Scope of Grant."
LIMITED WARRANTY FOR COMMERCIAL USE.
Caldera warrants that for a period of ninety (90) days from the date of acquisition, the Software, if operated as directed, will substantially achieve the functionality described in the Documentation. Caldera does not warrant, however, that your use of the
Software will be uninterrupted or that the operation of the Software will be error-free or secure. In addition, the security mechanisms implemented by Caldera software have inherent limitations, and you must determine that the Software sufficiently meets your requirements. Caldera also warrants that the media containing the
Software, if provided by Caldera, is free from defects in material and workmanship and will so remain for ninety (90) days from the date you acquired the Software. Caldera's sole liability for any breach of this warranty shall be, in
Caldera's sole discretion: (i) to replace your defective media; or (ii) to advise you how to achieve substantially the same functionality with the Software as described in the Documentation through a procedure different from that set forth in the
Documentation; or (iii) if the above remedies are demonstrated to be impracticable, to refund the license fee you paid for the
Software. Repaired, corrected, or replaced Software and Documentation shall be covered by this limited warranty for the period remaining under the warranty that covered the original Software, or if longer, for thirty (30) days after the date (a) of shipment to you of the repaired or replaced Software, or (b) Caldera advised you how to operate the Software so as to achieve the functionality described in the Documentation. Only if you inform Caldera in writing of your problem with the Software during the applicable warranty period and provide evidence of the date you purchased a license to the Software will Caldera be obligated to honor this warranty. Caldera will use reasonable commercial efforts to repair, replace, advise or, for individual consumers, refund pursuant to the foregoing warranty within 30 days of being so notified.
THIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY CALDERA. CALDERA MAKES NO
OTHER EXPRESS WARRANTY AND NO WARRANTY OF NON -INFRINGEMENT OF THIRD PARTIES' RIGHTS.
THE DURATION OF IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF
MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE, IS LIMITED TO THE ABOVE LIMITED
WARRANTY PERIOD; SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED
WARRANTY LASTS, SO LIMITATIONS MA Y NOT APPLY TO YOU. NO CALDERA DEALER, AGENT, OR
EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS
WARRANTY.
If any modifications are made to the Software by you during the warranty period; if the media is subjected to accident, abuse, or improper use; or if you violate the terms of this Agreement, then this warranty shall immediately be terminated. This warranty shall not apply if the Software is used on or in conjunction with hardware or software other than the unmodified version of hardware and software with which the software was designed to be used as described in the Documentation. THIS
WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY
BY JURISDICTION.
PART III -- TERMS APPLICABLE TO BINARY LICENSE GRANTS
SCOPE OF GRANT.
For the binary license grants listed above, you may:
* use the Software on any single computer;
* use the Software on a network, provided that each person utilizing a computer or work station accessing the So ftware through the network must have his or her own licensed copy of the Software;
* use the Software on a second computer so long as only one copy is used at a time;
* copy the Software for archival purposes, provided any copy must contain all of the original Software's proprietary notices and license terms; or
* if you have purchased multiple licenses (as in a 10 Pack or a 50 Pack, for instance) you may make any number of copies of the Software (but not the documentation) up to the number licensed (10 or 50, in the example), provided any copy must contain all of the original Software's proprietary notices, marks and licenses. The number of copies is the total number of copies that may be made for all platforms. Additional copies of Documentation may be purchased.
* REDISTRIBUTION OF THE SOFTWARE IS PERMITTED FOR NON-COMMERCIAL PURPOSES provided that the copyright notices, marks and these terms
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20070409 Mayfair Software™ EULA for AccuTrack® and conditions in this document are duplicated in all such forms and that the documentation, advertising materials, and other materials related to such distribution and use acknowledge that the software was developed by Caldera, Inc. Caldera's name may not be used to endorse or promote products derived from this Software without specific prior written permission.
You may not:
* permit concurrent use of the Software without proper licenses;
* copy the Software other than as specified above;
* rent, lease, grant a security interest in, or otherwise transfer rights to the Software; or
* remove any proprietary notices, licenses or labels on the Software.
TITLE.
Title, ownership rights, and intellectual property rights in the Software and all derivative works whether in binary and source forms shall remain in Caldera and/or its suppliers unless otherwise specified in a separate agreement with Caldera. The
Software is protected by the copyright laws and treaties. Title and related rights in the content accessed through the Software is the property of the applicable content owner and may also be protected by applicable law. This License gives you no rights to such content.
TERMINATION.
The license will terminate automatically if you fail to comply with the limitations described herein. On termination, you must destroy all copies of the Software and Documentation.
EXPORT CONTROLS.
None of the Software or underlying information or technology may be exported or reexported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods ; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of
Denial Orders. By downloading or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT,
CONTRACT, OR OTHERWISE, SHALL CALDERA OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR
ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK
STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR
LOSSES. IN NO EVENT WILL CALDERA BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT
CALDERA RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF CALDERA SHALL HAVE BEEN
INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS
LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE
EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY
NOT APPLY TO YOU.
HIGH RISK ACTIVITIES.
The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the
Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk
Activities"). Caldera and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.
MISCELLANEOUS.
If the copy of the Software you received was accompanied by a printed or other form of "hard -copy" End User License
Agreement whose terms vary from this Agreement, then the hard -copy End User License Agreement governs your use of the
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20070409 Mayfair Software™ EULA for AccuTrack®
Software. This Agreement represents the complete agreement concerning this license and may amended only by a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE
CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE IN YOUR PURCHASE
ORDER. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by Utah law (except for conflict of law provisions). The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
U.S. GOVERNMENT RESTRICTED RIGHTS.
Use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraphs (a ) through (d) of the
Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or at 252.211-7015, or to Caldera's standard commercial license, as applicable, and in similar clauses in the NASA FAR Supplement. Contractor/manufacturer is Caldera,
Inc. 240 West Center Street, Orem, UT 84057, U.S.A.
End of CALDERA DR-DOS EULA
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20070409 POWERTCP Tools End User License Agreement
This License Agreement ("LICENSE") is a legal agreement between you (either an individual or a single entity) and the manufacturer, Dartcom Incorporated ("DART"), for the software product identified above, which includes computer software, documentation, and associated media ("SOFTWARE"). By installing and using the SOFTWARE, you agree to be bound by the terms of this LICENSE. If you do not agree to the terms of this LICENSE, do not install or use the SOFTWARE.
SOFTWARE LICENSE
1.
GRANT OF LICENSE. This LICENSE grants you the following rights: a.
Software Product. DART grants to you a nonexclusive license to use the SOFTWARE for the sole purposes of designing, developing, and testing your software components or applications ("APPLICATIONS"). You may install the SOFTWARE on up to two computers for your personal use only. If you are a single entity,
DART grants you the right to designate one individual within your organization to have the right to use the
SOFTWARE in this manner. b.
Electronic Documents. Solely with respect to electronic documents included with the SOFTWARE, you may make an unlimited number of copies (either in hardcopy or electronic form), provided that such copies shall be used only for internal purposes and are not republished or distributed to any third party. c.
Serial Number. A Serial Number provided at the time of sale uniquely identifies each LICENSE. This
GRANT OF LICENSE is contingent upon the purchase of a Serial Number from DART or one of DART's resellers. d.
Sample Code. DART grants you the right to use and modify the source code parts of the SOFTWARE that are listed in the "Samples" subdirectories (collectively, "SAMPLE CODE"), for the sole purposes of des igning, developing, and testing your APPLICATIONS, provided that you comply with Section 1(g), below. e.
Redistributable Files. Provided you comply with Sections 1(f) and 1(g), DART grants you a nonexclusive, royalty-free right to reproduce and distribute the object code version of the following portions of the
SOFTWARE (collectively, "REDISTRIBUTABLES"): (i) SAMPLE CODE (including any modifications you make); and (ii) the Dart*.dll files located in the SOFTWARE. f.
Redistribution Requirements. If you redistribute the REDISTRIBUTABLES, you agree to: (i) distribute the
REDISTRIBUTABLES in object code only as a part of APPLICATIONS developed by you that add significant and primary functionality to the REDISTRIBUTABLES; (ii) include a valid copyright notice on your APPLICATIONS; (iii) indemnify, hold harmless, and defend DART from and against any claims or lawsuits, including attorney's fees, that arise or result from the use or distribution of your APPLICATIONS;
(iv) not permit further distribution of the REDISTRIBUTABLES by your end user. g.
Redistribution Restrictions. You may not redistribute the REDISTRIBUTABLES if (i) you are developing
APPLICATIONS for use by other software developers (using this SOFTWARE for developing and debugging APPLICATIONS requires additional LICENSES for each developer using the SOFTWARE), or
(ii) your APPLICATION exposes the functionality of the SOFTWARE through a programmable interface.
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20070409 Mayfair Software™ EULA for AccuTrack®
2.
DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. a.
Trial Software. If the SOFTWARE is installed without a Serial Number then, notwithstanding other sections of this LICENSE, you may use the SOFTWARE for up to 30 days after installation, but may not redistribute any REDISTRIBUTABLES. b.
Not for Resale Software. If the SOFTWARE is labeled "Not for Resale" or "NFR," then, notwithstanding other sections of this LICENSE, you may not resell, or otherwise transfer for value, the SOFTWARE, nor distribute any REDISTRIBUTABLES. c.
Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the extent that applicable law notwithstanding this limitation expressly permits such activity. d.
Separation of Components. The SOFTWARE is licensed as a single product. Its component parts may not be separated for use on more than one computer. e.
Rental. You may not rent, lease, or lend the SOFTWARE. f.
Support Services. DART may provide you with support services related to the SOFTWARE ("SUPPORT
SERVICES"). Any supplemental software code provided to you as part of the SUPPORT SERVICES shall be considered part of the SOFTWARE and subject to the terms and conditions of this LICENSE. With respect to technical information you provide to DART as part of the SUPPORT SERVICES, DART may use such information for its business purposes. DART will not utilize such technical information in a form that personally identifies you. g.
Software Transfer. You may transfer all of your rights under this LICENSE upon written notification to
DART, provided you retain no copies, you transfer all of the SOFTWARE (including all media and printed materials, any upgrades, and this LICENSE), and the recipient agrees to the terms of this LICENSE. If the
SOFTWARE is an upgrade, you agree that any transfer must include all prior versions of the SOFTWARE. h.
Termination. Without prejudice to any other rights, DART may terminate this LICENSE if you fail to comply with the terms and conditions of this LICENSE. In such event, you agree to destroy all copies of the
SOFTWARE.
3.
UPGRADES. If the SOFTWARE is labeled as an upgrade, you must be properly licensed to use a product identified by DART as being eligible for the upgrade in order to use the SOFTWARE. SOFTWARE labeled as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this LICENSE. If the SOFTWARE is an upgrade of a component of a package of software programs that you licensed as a single product, t he SOFTWARE may be used and transferred only as part of that single product package and may not be separated for use on more than one computer.
4.
COPYRIGHT. The SOFTWARE is owned by DART and is protected by United States copyright laws and international treaty provisions.
5.
PROPRIETARY RIGHTS. All copyright, patent, trade secret, trademarks and other intellectual and property rights in the SOFTWARE are and shall remain the valuable property of DART. You agree to take all necessary steps to ensure that the provisions of this agreement are not violated by you or by any person under your control or in your service.
6.
EXPORT RESTRICTIONS. You agree that neither you nor your customers intend to or will, directly or indirectly, export or transmit (i) the SOFTWARE or (ii) your APPLICATIONS or service that is the direct product of the
SOFTWARE, to any country to which such export or transmission is restricted by any applicable U.S. regulation or statute, without the prior written consent, if required, of the Bureau of Export Administration of the U.S. Department of Commerce, or such other governmental entity as may have jurisdiction over such export or transmission.
7.
MISCELLANEOUS. If you acquired this product in the United States, the laws of the State of New York govern this
LICENSE. If this product was acquired outside the United States, then local law may apply. Should you have any questions concerning this LICENSE, or if you desire to contact DART for any reason, please write to Dartcom
Incorporated/6 Occum Ridge Rd., Deansboro, NY 13328. If you have a specific question regarding the licensing of
REDISTRIBUTABLES, you may contact Dart's Business Manager.
8.
LIMITED WARRANTY. DART warrants that the SOFTWARE will operate substantially in accordance with its accompanying documentation for a period of thirty days from the date you receive it. This warranty is void if failure of the SOFTWARE has resulted from accident, abuse or misapplication. YOU ARE THE ONLY BENEFICIARY OF
THIS WARRANTY. YOU MAY NOT PASS THIS WARRANTY ON TO OTHERS. Although DART has tested the
SOFTWARE and reviewed the documentation, this SOFTWARE is licensed "AS IS" and you, the licensee, are assuming the entire risk as to its quality and performance.
9.
CUSTOMER REMEDIES. DART's and its suppliers' entire liability and your exclusive remedy shall be, at DART's option, either (a) return of the price paid, or (b) repair or replacement of the SOFTWARE that does not meet the
LIMITED WARRANTY and which is returned to DART with a copy of your receipt within the WARRANTY
PERIOD. This Limited Warranty is void if failure of the SOFTWARE has resulted from accident, abuse, or misapplication. Outside the United States, neither these remedies nor any product support services offered by DART are available without proof of purchase from an authorized international source.
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20070409 Mayfair Software™ EULA for AccuTrack®
NO OTHER WARRANTIES . TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DART AND ITS
SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF M ERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
WITH REGARD TO THE SOFTWARE PRODUCT. THE LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL
RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES . TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, IN NO EVENT SHALL DART OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT,
OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS
OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER
PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF
DART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
End of POWERTCP Tools EULA
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20070409 NERO End-User License Agreement
Software Products: Object of this agreement is the Nero software suite, comprising a selection of components, that varies with different suite types, from the following list: Nero Burning ROM, NeroMIX, WMA-Plug-in, InCD, Nero StartSmart, Nero
Toolkit, Nero Cover Designer, Nero Wave Editor, Nero SoundTrax, Nero BackItUp, Nero ImageDrive, Nero Media Player,
Nero ShowTime, InCD Reader, Nero PhotoShow Express, Nero Recode, Nero Fast CD-Burning Plug-In, NeroVision Express and/or Nero Express ("Software")"
Licensor: Nero AG ("Nero")
THIS IS A LEGAL AGREEMENT BETWEEN YOU, THE "END USER", AND NERO AG, IM STOECKMAEDLE 18,
76307 KARLSBAD, GERMANY.
CONCLUSION OF THE CONTRACT
THIS AGREEMENT IS EFFECTIVE
A.
BY OPENING THE SEALED PACKING OF NERO´S SOFTWARE ON THE "EFFECTIVE DATE," YOU ARE
AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE
TERMS OF THIS AGREEMENT, PROMPTLY RETURN THE SOFTWARE AND ALL THE ACCOMPANYING
ITEMS (INCLUDING WRITTEN MATERIALS AND BINDERS OR OTHER CONTAINERS) TO THE PLACE
YOU OBTAINED THEM FOR A FULL REFUND.
OR
B.
BY INSTALLING THE DOWNLOADED NERO, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF
THIS AGREEMENT BY MEANS OF CLICKING THE “ACCEPT” BUTTON ON THE WEBSITE. IF YOU DO
NOT AGREE TO THE T ERMS OF THIS AGREEMENT, PROMPTLY UNINSTALL AND DELETE THE
SOFTWARE AND ALL THE ACCOMPANYING ITEMS (INCLUDING DOCUMENTATION OR MANUALS) IF
THE TERMS OF THIS AGREEMENT COMPRISE AN OFFER BY NERO, THEN YOUR ACCEPTANCE IS
EXPRESSLY LIMITED TO THE TERMS CONTAINED HEREIN.
The terms of your license agreement ("Agreement") for the Software described above depend on whether you purchased the
Software from:
(1) an Nero OEM partner; or
(2) Nero or an Nero distributor or
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20070409 Mayfair Software™ EULA for AccuTrack®
(3) Downloaded the Software.
If the jewel box in which you received the Software includes the word "OEM" on its cover (or on the CD itself), you have acquired a copy of the Software from an Nero OEM partner.
If the jewel box in which you received the Software has only Nero's label on it and does not include the word "OEM" on its cover (or on the CD itself), you have acquired a copy of the Software from either Nero or an Nero distributor.
If you downloaded the Software which allows you to install only under the condition that you need to connect a hardware device to your PC, you have acquired a copy of the Software from an Nero OEM partner.
A. LICENSE TERMS AND CONDITIONS APPLICABLE TO SOFTWARE ACQUIRED FROM OEM PARTNER
I. Grant of license
This Agreement permits you to use one copy of the Software acquired with this license on any single computer ("OEM
License"), provided the Software is in use on only one computer at any given time. If you have acquired a multiple license for the Software, then at any one time you may have in use up to as many copies of the Software as you have licenses. The
Software is "in use" on a computer when it is loaded into the temporary memory or installed into the permanent memory (e.g. hard disk, CD ROM, or other storage device) of that computer, except that a copy installed on a network server for the sole purpose of distribution to other computers is not considered "in use". If the anticipated number of users of the Software might exceed the authorized number of applicable licenses, then you must have a reasonable mechanism or process in place to assure that the number of concurrent uses of the Software does not exceed the number of licenses.
THE OEM LICENSE GRANTED HEREIN IS ONLY VALID IF ACQUIRED AS A BUNDLE WITH CD/DVD-
RECORDING HARDWARE.
II. Copyright
The Software is owned by Nero or its licensors and is protected by copyright laws, international treaty provisions, and other national laws. You agree that you have no right, title or interest in the Software, except as set forth in Subsection I. If the
Software is not copy protected you may either
(a) make one copy of the Software solely for backup or archival purposes, or
(b) transfer the Software to a single hard disk provided you keep the original solely for backup or archival purposes.
Product manual(s) or written materials accompanying the Software may not be copied.
III. Other restrictions
You may not rent or lease the Software, but you may permanently transfer your rights under this Agreement provided that: (i) you transfer all copies of the Software and all written materials; (ii) the recipient agrees to be bound by the terms of this
Agreement; and (iii) you remove any and all copies of the Software from your computer and cease any further use of the
Software. Any transfer must include the most recent update and all prior versions. You may not copy the Software except as expressly set forth above. You may not reverse engineer, decompile or disassemble the Software, and you are not allowed to post or otherwise make the Software available on the World Wide Web. If you did not acquire the Software in its original packaging and you are not a transfer recipient under this subsection, you are not licensed to use the Software.
IV. Warranties
NERO MAKES NO WARRANTIES TO YOU IN CONNECTION WITH THIS OEM LICENSE, INCLUDING BUT NOT
LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The party from whom you purchased the product with which this Software has been bundled may have warranty and/or support obligations to you.
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20070409 Mayfair Software™ EULA for AccuTrack®
V. No liability for consequential damages
In no event shall Nero or its licensors be liable for any other damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of t he use of or inability to use the Software, even if Nero has been advised of the possibility of such damages. Nero OEM Partners are liable for those damages concerning software purchased from OEM. Legal claims concerning product liability facing Nero due to
Regulation 85/374/EEC will be granted and are not subject of this agreement.
VI. Reservation of proprietary rights
All proprietary rights on delivered Software are reserved to Nero unless all claims against the End User are paid off or the cheque is cashed in. If reservation of proprietary rights is performed by Nero, the End User is no longer entitled to use the
Software furthermore. All copies made of Nero´s Software have to be deleted completely and ultimately by the End User.
VII. Duration of the agreement
The agreement is concluded for an undefined period of time. By violating the provisions about copyright and other restrictions according to II. and III. the End User is no longer entitled to use Nero´s Software and its accompanying items. In this cas e End
User is obligated to resend original discs and all copies of data carriers and to erase completely and ultimately all data from End
User’s computer established by means of Nero´s Software. The observance of this agreement is conditional for the legal use of the Software and its accompanying items. In case of intentional violation of any obligation stipulated in this agreement by the
End User, Nero is entitled to terminate this agreement extraordinarily and immediately.
VIII. Safeguard measures
End User will keep the Software in safe custody and will indicate his members of household to follow the obligations stipulated in this agreement. End User will follow all relevant legal provisions, especially the laws on intellectual property and copyright.
IX. Disclaimer
THE SOFTWARE IS DESIGNED TO ASSIST YOU IN REPRODUCING MATERIAL IN WHICH YOU OWN THE
COPYRIGHT OR HAVE OBTAINED PERMISSION TO COPY FROM THE COPYRIGHT OWNER. UNLESS YOU OWN
THE COPYRIGHT OR HAVE PERMISSION TO COPY FROM THE COPYRIGHT OWNER, YOU MAY BE VIOLATING
COPYRIGHT LAW AND BE SUBJECT TO PAYMENT OF DAMAGES AND OTHER REMEDIES. IF YOU ARE
UNCERTAIN ABOUT YOUR RIGHTS, YOU SHOULD CONTACT YOUR LEGAL ADVISOR. YOU ASSUME FULL
RESPONSIBILITY FOR THE LEGAL AND RESPONSIBLE USE OF THE SOFTWARE.
B. LICENSE TERMS AND CONDITIONS APPLICABLE TO SOFTWARE ACQUIRED FROM NERO OR AN
NERO DISTRIBUTOR
The license terms and conditions applicable to Software purchased from Nero or an Nero Distributor are exactly the same as set forth in Section A above, except that Subsection I (Grant of license) and Subsection IV (Warranties) and Subsection V (liability for consequential damages )shall read as follows:
I. Grant of license
This Agreement permits you to use one copy of the Software acquired with this license on any single computer, provided the
Software is in use on only one computer at any given time. If you have acquired a multiple license for the Software, then at any one time you may have in use up to as many copies of the Software as you have licenses. The Software is "in use" on a computer when it is loaded into the temporary memory or installed into the permanent memory (e.g. hard disk, CD ROM, or other storage device) of that computer, except that a copy installed on a network server for the sole purpose of distribution to other computers is not considered "in use". If the anticipated number of users of the Software might exceed the authorized number of applicable licenses, then you must have a reasonable mechanism or process in place to assure that the number of concurrent uses of the Software does not exceed the number of licenses.
II. Warranties
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20070409 Mayfair Software™ EULA for AccuTrack®
Nero warrants that for a period of two years from the date of receipt, the Software will perform substantially in accordance with the accompanying documentation. Nero’s liability and your remedy for a breach of this warranty shall be, at END User’s sole option, either (a) reduce of the price paid or (b) repair or replacement of the Software that does not meet Nero’s limited warranty and that is returned to Nero with a copy o f your receipt. If Nero fails to repair or to replace the Software the END
USER is entitled to retire from this agreement. Failure is being supposed in case Reparation or replacement was unsuccessful twice.
If failure of the Software is the result of accident, abuse, or misapplication, this warranty shall be void. Any replacement
Software will be warranted for the remainder of the original warranty. NERO MAKES NO WARRANTIES TO YOU IN
CONNECTION WITH IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PA RTICULAR
PURPOSE.
III. Liability for consequential damages
Nero is liable for damages due to lack of property, especially for violating third party copyrights. Nero does not accept liability for any offences against this agreement caused by negligence, exc ept from offences that caused physical injury. Legal claims concerning product liability facing Nero due to Regulation 85/374/EEC will be granted and are not subject of this agreement.
C. TERMS AND CONDITIONS APPLICABLE TO ALL LICENSES
I. Third Party Disclaimer and Limitations a.) WM-DRM: Content providers are using the Microsoft digital rights management technology for Windows Media distributed with this Software (“WM-DRM”) to protect the integrity of their content (“Secure Content”) so that their intellectual property, including copyright, in such content is not misappropriated. Portions of this Software and other third party applications use WM -DRM to play Secure Content (“WM-DRM Software”). If the WM-DRM Software’s security has been compromised, owners of Secure Content (“Secure Content Owners”) may request that Microsoft revoke the WM-DRM
Software’s right to copy, display and/or play Secure Content. Revocation does not alter the WM-DRM Software’s ability to play unprotected content. A list of revoked WM-DRM Software is sent to your computer whenever you download a license for
Secure Content from the Internet. Microsoft may, in conjunction with such license, also download revocation lists onto your computer on behalf of Secure Content Owners. Secure Content Owners may also require you to upgrade some of the WM-
DRM components distributed with this Software (“WM-DRM Upgrades”) before accessing their content. When you attempt to play such content, WM-DRM Software built by Microsoft will notify you that a WM-DRM Upgrade is required and then ask for your consent before the WM-DRM Upgrade is downloaded. Non-Microsoft WM-DRM Software may do the same. If you decline the upgrade, you will not be able to access content that requires the WM-DRM Upgrade; however, you will still be able to access unprotected content and Secure Content that does not require the upgrade. WM-DRM features that access the Internet, such as acquiring new licenses and/or performing a required WM-DRM Upgrade, can be switched off. When these features are switched off, you will still be able to play Secure Content if you have a valid license for such content already stored on your computer. b.) MPEG-2:
If the product you purchased was provided as "MPEG-2 Royalty Product" the following applies:
MPEG-2 ROYALTY PRODUCT.
ANY USE OF THIS PRODUCT OTHER THAN CONSUMER PERSONAL USE IN
ANY MANNER THAT COMPLIES WITH THE MPEG-2 STANDARD FOR ENCODING VIDEO INFORMATION FOR
PACKAGED MEDIA IS EXPRESSLY PROHIBITED WITHOUT A LICENSE UNDER APPLICABLE PATENTS IN THE
MPEG-2 PATENT PORTFOLIO, WHICH LICENSE IS AVAILABLE FROM MPEG LA L.L.C., 250 STEELE STREET,
SUITE 300, DENVER, COLORADO 80206. OTHER THIRD-PARTY LICENSES INCLUDED ONLY IF GRANTED IN
WRITTEN.
If the product you purchased was not provided as "MPEG-2 Royalty Product" the following applies:
MPEG-2 INTERMEDIATE PRODUCT.
USE OF THIS PRODUCT IN ANY MANNER THAT COMPLIES WITH THE
MPEG-2 STANDARD IS EXPRESSLY PROHIBITED WITHOUT A LICENSE UNDER APPLICABLE PATENTS IN THE
MPEG-2 PATENT PORTFOLIO, WHICH LICENSE IS AVAILABLE FROM MPEG LA, L.L.C., 250 STEELE STREET,
Page 9 of 17

20070409 Mayfair Software™ EULA for AccuTrack®
SUITE 300, DENVER, COLORADO 80206. OTHER THIRD-PARTY LICENSES INCLUDED ONLY IF GRANTED IN
WRITTEN. c.) MPEG-4 : Use of this product in any manner that complies with the MPEG-4 Visual Standard is prohibited, except for use by a consumer engaging in personal and non-commercial activities. d.) MP3 and mp3PRO: Supply of this product only conveys a license for private, non-commercial use and does not convey a license nor imply any right to use this product in any commercial (i.e. revenue-generating) real time broadcasting (terrestrial, satellite, cable and/or any other media), broadcasting / streaming via Internet, intranets and/or other networks or in other electronic content distribution systems, such as pay-audio or audio-on-demand applications. An independent license for such use is required. For details, please visit www.mp3licensing.com
. e.) Dolby: Supply of this implementation of Dolby Technology does not convey a license nor imply a right under any patent, or any other industrial or intellectual property right of Dolby Laboratories, to use this implementation in any finished end-user or ready-to-use final product. It is hereby notified that a license for such u se is required from Dolby Laboratories.
Confidential information – Limited distribution to authorized persons only. This Dolby Software is protected under U.S. copyright laws as an unpublished work. They are confidential and proprietary to Dolby Laboratories. Their reproduction or disclosure, in whole or in part, or the production of derivative works therefrom without the express permission of Dolby
Laboratories is prohibited. Do not copy. Copyright © 1992-1999 Dolby Laboratories, Inc. All rights reserved f.) aac: The aac Plug-In is using the MP4 file format I/O library. This library is available under MPL from www.mpeg4ip.net
. aacPlus developed by Coding Technologies (“CT”). www.codingtechnologies.com
Trademarks of CT are the property of CT. g.) Twain Working Group: The TWAIN Toolkit is distributed as is. The developer and distributors of the TWAIN Toolkit expressly disclaim all implied, express or statutory warranties including, without limitation, the implied warranties of merchantability, noninfringement of third party rights and fitness for a particular purpose. Neither the developers nor the distributors will be liable for damages, whether direct, indirect, special, incidental, or consequential, as a result of the reproduction, modification, distribution or other use of the TWAIN Toolkit.
II. Governing Law: If any dispute shall arise pursuant to any provision of this Agreement, the plaintiff may choose place of performance or residence of the defendant as place of jurisdiction. . If any term or provision of this Agreement shall be declared invalid in arbitration or by a court of competent jurisdiction, such invalidity shall be limited solely to the specific term or provision invalidated, and the remainder of this Agreement shall remain in full force and effect, according to its terms. Any provision declared invalid shall be modified to the legal provisions.
Copyright © 1996-2004 Nero AG and its licensors. All rights reserved.
Portions of the Software utilize Microsoft Windows Media Technologies. Copyright © 1999-2002. Microsoft Corporation. All
Rights Reserved. This product contains portions of imaging code owned by Pegasus Software LLC, Tampa, FL
( WWW.PEGASUSTOOLS.COM
). Virus-checker is copyright (c) by Igor Daniloff, 1992-2004.
"Nero" is a trademark of Nero AG. Windows is a registered trademark of Microsoft Corporation. Windows Media and the
Windows logo are trademarks or registered trademarks of Microsoft Corporation in the United States and/or other countries.
The word “Dolby” and the double -D symbol are trademarks of Dolby Laboratories. The Names "YAMAHA", "SoundVQ" are trademarks of YAMAHA Corporation. SoundVQ software copyright 1999 Yamaha Corporation. All Rights Reserved. The
Name "TwinVQ" is a trademark of Nippon Telegraph and Telephone Corporation. Other product and brand names may be trademarks of their respective owners. Manufactured under license from Dolby Laboratories. MPEG Layer-3 audio compression technology licensed by Fraunhofer IIS and THOMSON. mp3PRO audio compression technology licensed by
Coding Technologies, Fraunhofer IIS and THOMSON.
Nero reserves the right to change specifications without notice. Use of this product is subject to the acceptance of the End User license agreement upon installation of the Software. www.nero.com
.
End of Nero EULA
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20070409 Mayfair Software™ EULA for AccuTrack®
20070409 Symantec Ghost End User License Agreement
SYMANTEC SOFTWARE LICENSE AGREEMENT
Symantec Ghost Solution Suite
SYMANTEC CORPORATION AND/OR ITS SUBSIDIARIES (“SYMANTEC”) IS WILLING TO LICENSE THE
SOFTWARE TO YOU AS AN INDIVIDUAL, THE COMPANY, OR THE LEGAL ENTITY THAT WILL BE UTILIZING
THE SOFTWARE (REFERENCED BELOW AS “YOU” OR “YOUR”) ONLY ON THE CONDITION THAT YOU
ACCEPT ALL OF THE TERMS OF THIS LICENSE AGREEMENT. READ THE TERMS AND CONDITIONS OF THIS
LICENSE AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE. THIS IS A LEGAL AND ENFORCEABLE
CONTRACT BETWEEN YOU AND THE LICENSOR. BY OPENING THIS PACKAGE, BREAKING THE SEAL,
CLICKING THE “AGREE” OR “YES” BUTTON OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, OR
LOADING THE SOFTWARE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO
NOT AGREE TO THESE TERMS AND CONDITIONS, CLICK THE “I DO NOT AGREE” OR “NO” BUTTON OR
OTHERWISE INDICATE REFUSAL AND MAKE NO FURTHER USE OF THE SOFTWARE.
1. License:
The software and documentation that accompanies this license (collectively the “Software”) is the proprietary property of
Symantec or its licensors and is protected by copyright law. While Symantec continues to own the Software, You will have certain rights to use the Software after Your acceptance of this license. This license governs any releases, revisions, or enhancements to the Software that the Licensor may furnish to You. Except as may be modified by an applicable Symantec license certificate, license coupon, or license key (each a “License Module”) that accompanies, precedes, or follows this license, and as may be further defined in the user documentation accompanying the Software, Your rights and obligations with respect to the use of this Software are as follows.
You may:
A. use the number of copies of the Software as have been licensed to You by Symantec under a License Module. If the
Software is part of a suite containing multiple Software titles, the number of copies You may use may not exceed the aggregate number of copies indicated in the License Module, as calculated by any combination of licensed Software titles. Your License
Module shall constitute proof of Your right to make such copies. If no License Module accompanies, precedes, or follows this license, You may make one copy of the Software You are authorized to use on a single computer;
B. make one copy of the Software for archival purposes, or copy the Software onto the hard disk of Your computer and retain the original for archival purposes;
C. use the Software on a network, provided that You have a licensed copy of the Software for each computer that can access the
Software over that network;
D. use the Software in accordance with any written agreement between You and Symantec; and
E. after written consent from Symantec, transfer the Software on a permanent basis to another person or entity, provided that
You retain no copies of the Software and the transferee agrees in writing to the terms of this license.
You may not:
A. copy the printed documentation that accompanies the Software;
B. sublicense, rent, or lease any portion of the Software; reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Software, or create derivative works from the Software;
C. use the Software as part of a facility management, timesharing, service provider, or service bureau arrangement;
D. use a previous version or copy of the Software after You have received and installed a disk replacement set or an upgraded version. Upon upgrading the Software, all copies of the prior version must be destroyed;
E. use a later version of the Software than is provided herewith unless You have purchased corresponding maintenance and/or upgrade insurance or have otherwis e separately acquired the right to use such later version;
F. use, if You received the software distributed on media containing multiple Symantec products, any Symantec software on the media for which You have not received permission in a License Module; n or
G. use the Software in any manner not authorized by this license.
2. Content Updates:
Certain Software utilize content that is updated from time to time (including but not limited to the following Software: antivirus software utilize updated virus definitions; content filtering software utilize updated URL lists; some firewall software utilize updated firewall rules; and vulnerability assessment products utilize updated vulnerability data; these updates are collectively
Page 11 of 17

20070409 Mayfair Software™ EULA for AccuTrack® referred to as “Content Updates”). You shall have the right to obtain Content Updates for any period for which You have purchased maintenance, except for those Content Updates that Symantec elects to make available by separate paid subscription, or for any period for which You have otherwise separately acquired the right to obtain Content Updates. Symantec reserves the right to designate specified Content Updates as requiring purchase of a separate subscription at any time and without notice to
You; provided, however, that if You purchase maintenance hereunder that includes particular Content Updates on the date of purchase, You will not have to pay an additional fee to continue receiving such Content Updates through the term of such maintenance even if Symantec designates such Content Updates as requiring separate purchase. This License does not otherwise permit the licensee to obtain and use Content Updates.
3. Limited Warranty:
Symantec warrants that the media on which the Software is distributed will be free from defects for a period of thirty (30) days from the date of delivery of the Software to You. Your sole remedy in the event of a breach of this warranty will be that
Symantec will, at its option, replace any defective media returned to Symantec within the warranty period or refund the money
You paid for the Software. Symantec does not warrant that the Software will meet Your requirements or that operation of the
Software will be uninterrupted or that the Software will be error-free.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ABOVE WARRANTY IS EXCLUSIVE
AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. THIS WARRANTY GIVES YOU SPECIFIC
LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE AND COUNTRY
TO COUNTRY.
4. Disclaimer of Damages:
SOME STATES AND COUNTRIES, INCLUDING MEMBER COUNTRIES OF THE EUROPEAN ECONOMIC
AREA, DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE BELOW LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY
REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL SYMANTEC BE
LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, OR SIMILAR DAMAGES, INCLUDING
ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE
EVEN IF SYMANTEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO CASE SHALL SYMANTEC’S LIABILITY EXCEED THE PURCHASE PRICE FOR THE SOFTWARE.
The disclaimers and limitations set forth above will apply regardless of whether or not You accept the Software.
5. U.S. Government Restricted Rights:
RESTRICTED RIGHTS LEGEND. All Symantec products and documentation are commercial in nature. The software and software documentation are “Commercial Items,” as that term is defined in 48 C.F.R. section 2.101, consisting of “Commercial
Computer Software” and “Commercial Computer Software Documentation,” as such terms are defined in 48 C.F.R. section
252.227-7014(a)(5) and 48 C.F.R. section 252.227-7014(a)(1), and used in 48 C.F.R. section 12.212 and 48 C.F.R. section
227.7202, as applicable. Consistent with 48 C.F.R. section 12.212, 48 C.F.R. section 252.227-7015, 48 C.F.R. section
227.7202 through 227.7202-4, 48 C.F.R. section 52.227-14, and other relevant sections of the Code of Federal Regulations, as applicable, Symantec’s computer software and computer software documentation are licensed to United States Government end users with only those rights as granted to all other end users, according to the terms and conditions contained in this license agreement. Manufacturer is Symantec Corporation, 20330 Stevens Creek Blvd., Cupertino, CA 95014, United States of
America.
6. Export Regulation:
Certain Symantec products are subject to export controls by the U.S. Department of Commerce (DOC), under the Export
Administration Regulations (EAR) (see www.bxa .doc.gov). Violation of U.S. law is strictly prohibited. You agree to comply with the requirements of the EAR and all applicable international, national, state, regional and local laws, and regulations, including any applicable import and use restrictions. Symantec products are currently prohibited for export or re -export to
Cuba, North Korea, Iran, Iraq, Libya, Syria and Sudan or to any country subject to applicable trade sanctions. You agree not to export, or re -export, directly or indirectly, any product to any country outlined in the EAR, nor to any person or entity on the
DOC Denied Persons, Entities and Unverified Lists, the U.S. Department of State’s Debarred List, or on the U.S. Department of Treasury's lists of Specially Designated Nationals, Specially Designated Narcotics Traffickers, or Specially Designated
Terrorists. Furthermore, You agree not to export, or re -export, Symantec products to any military entity not approved under the
Page 12 of 17

20070409 Mayfair Software™ EULA for AccuTrack®
EAR, or to any other entity for any military purpose, nor will You sell any Symantec product for use in connection with chemical, biological, or nuclear weapons or missiles capable of delivering such weapons.
7. General:
If You are located in North America or Latin America, this Agreement will be governed by the laws of the State of California,
United States of America. Otherwise, this Agreement will be governed by the laws of England and Wales. This Agreement and any related License Module is the entire agreement between You and Symantec relating to the Software and: (i) supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter; and
(ii) prevails over any conflicting or additional terms of any quote, order, acknowledgment, or similar communications between the parties. This Agreement shall terminate upon Your breach of any term contained herein and You shall cease use of and destroy all copies of the Software. The disclaimers of warranties and damages and limitations on liability shall survive termination. Software and documentation is delivered Ex Works California, U.S.A. or Dublin, Ireland respectively (ICC
INCOTERMS 2000). This Agreement may only be modified by a License Module that accompanies this license or by a written document that has been signed by both You and Symantec. Should You have any questions concerning this Agreement, or if
You desire to contact Symantec for any reason, please write to: (i) Symantec Customer Service, 555 International Way,
Springfield, OR 97477, U.S.A., (ii) Symantec Customer Service Center, PO BOX 5689, Dublin 15, Ireland , or (iii) Symantec
Customer Service, 1 Julius Ave, North Ryde, NSW 2113, Australia.
8. Additional Uses and Restrictions:
Notwithstanding any of the terms and conditions contained in this Symantec Software License Agreement, the following additional terms apply to the Software you have purchased:
A. The Software may contain multiple components. For each copy of the Software, such components, whether used individually or collectively, may be used on only one computer.
B. You may:
(i) use the Software only in accordance with its documentation;
(ii) use the Software on one computer to clone, or apply an image of a hard drive on that computer, or to another hard drive on the same computer. If a License Module accompanies, precedes, or follows this license, You may make and use the number of copies of the Software set forth in Your License Module on an equal number of individual computers pursuant to the terms of this License Agreement. Your License Module shall constitute proof of Your right to make and use such copies;
(iii) use the Software on a single computer to create an image file of a hard drive on that computer and store the image file on removable media for disaster recovery purposes;
(iv) use the Software to create a boot disk as described in the documentation for reapplying the hard drive image that was created for disaster recovery purposes to the hard drive on the original computer; or
(v) use the Software to clone a hard drive from a computer to a replacement computer in the manner described in the software documentation, and to use the Software on the replacement computer provided that the Software has been removed from the original computer and the original computer has been permanently decommissioned.
C. Scripting Documentation:
Any scripting documentation provided in conjunction with the Software may be used only in conjunction with the Software.
You may not copy, distribute, license or sublicense the scripting documentation.
D. If Your Software includes the Symantec Client Migration, the following uses and restrictions apply to the Software:
(i) You may use a single copy of the Software to copy and deploy data and settings on a single computer. Such copy may be used an unlimited number of times for such single computer;
(ii) You may use a single copy of the Software to copy and transfer data and settings from one computer to a replacement computer, provided that the original computer is permanently decommissioned or destroyed; and
(iii) In order to deploy data and settings to multiple computers, You must have a copy of the Software for each computer that is the recipient of such data and settings.
End of Symantec Ghost EULA
20070409 LIEBERT SOFTWARE END USER LICENSE AGREEMENT
LIEBERT MULTILINK® SOFTWARE LICENSE AGREEMENT
This MultiLink® Software License Agreement (“Agreement”) is a legal agreement between you and Liebert Corporation, an
Ohio, United States of America, corporation, (“Liebert”). Liebert’s MultiLink® software, including enhancements, upgrades,
Page 13 of 17

20070409 Mayfair Software™ EULA for AccuTrack® and any future releases is made available exclusively for use with Liebert products (“Products”). The foregoing, including any accompanying program(s), documentation, images, animation, and text incorporated therein, (collectively “Software”), is provided solely for commercial and industrial use under the license terms specified herein. READ THESE TERMS AND
CONDITIONS CAREFULLY BEFORE ATTEMPTING TO DOWNLOAD, INSTALL, OR USE THE SOFTWARE. BY
DOWNLOADING, INSTALLING, OR USING THE SOFT WARE, YOU AGREE TO BE BOUND BY THESE TERMS
AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS DO NOT DOWNLOAD, INSTALL
OR USE THE SOFTWARE. IN SUCH A CIRCUMSTANCE, THE SOFTWARE MAY BE RETURNED WITHIN THIRTY
(30) DAYS OF YOUR RECEIPT FOR A FULL SOFTWARE REFUND. YOU REPRESENT THAT YOU (I) ARE NOT
LOCATED IN, UNDER THE CONTROL OF, OR A NATIONAL RESIDENT OF ANY COUNTRY TO WHICH THE
UNITED STATES HAS EMBARGOED GOODS, (II) ARE NOT ON THE U.S. TREASURY DEPARTMENT’S LIST OF
SPECIALLY DESIGNATED NATIONALS, (III) ARE NOT ON THE U.S. COMMERCE DEPARTMENT’S LIST OF
DENIED PERSONS OR (IV) ARE NOT OTHERWISE PROHIBITED BY U.S. LAW FROM RECEIVING OR USING THE
SOFTWARE (COLLECTIVELY “EXPORT RESTRICTIONS”). IF YOU DO NOT HAVE AUTHORITY TO ACCEPT THIS
AGREEMENT FOR YOUR ORGANIZATION, IT IS YOUR OBLIGATION TO ENSURE THAT AN AUTHORIZED
INDIVIDUAL MAKES THE DETERMINATION THAT YOUR ORGANIZATION IS NOT SUBJECT TO THE ABOVE
EXPORT RESTRICTIONS PRIOR TO DOWNLOADING, INSTALLING, OR USING THE SOFTWARE.
COPYRIGHT: This Software is the proprietary property of Liebert and is protected by United States copyright laws, other applicable copyright laws, and international treaty provisions. Title and ownership of all copyrights to the Software remain in
Liebert or third parties. Accordingly, your rights to use, copy and modify the Software are strictly limited to the specific rights provided in this Agreement or as may otherwise be required by applicable copyright law.
GRANT OF RIGHTS: Liebert grants a non-exclusive, non-transferable license to you to install and use the Software solely for use with Products and in accordance with these license terms provided, however, that you warrant and represent that you will not use this software in violation of applicable laws and regulations or where such use detrimentally affects Liebert’s rights in the Software or subjects Liebert to liability. You assume responsibility for the selection of the Software to achieve your intended results, and for the installation, use, and the results obtained from the Software. Software key(s) are available under the terms of this Agreement, upon payment of any applicable license fee(s), to incorporate special features such as (a) sending shutdown sig nals over a network to other computers and (b) remote network administration. A separate license fee is required for each computer where such software key(s) are utilized. By use of the Software, you agree that Liebert may, at its option, perform an audit of your usage of the Software to determine the number of computers and Products that are using the Software and applicable software key(s).
TERMINATION OF LICENSE: Your license is automatically terminated if you:
(1) use the Software with anything other than Products, (2) attempt to copy or reconstruct any part of the object code, source code, or algorithms, (3) provide, disclose, sell, rent, lease, license, sublicense, transfer or assign the Software to any third party,
(4) attempt to decompile, disassemble or reverse engineer the Software, in whole or in part, or otherwise attempt to derive the source code of the Software, (5) use the Software in excess of the licensed coverage purchased, (6) write or develop any deriv ative software or any other software program based upon the Software, (7) modify or alter the Software or (8) fail to comply with other license terms. You may elect to terminate this license at any time by destroying the Software together with all copies and any portions thereof in any fo rm.
EXCEPT FOR THE ABOVE EXPRESS WARRANTIES, THIS SOFTWARE IS PROVIDED “AS IS”
WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED
WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR INTENDED PURPOSE. LIEBERT DOES NOT WARRANT
THAT THE SOFTWARE FUNCTIONS WILL MEET YOUR REQUIREMENTS OR THAT THE SOFTWARE WILL
OPERATE UNINTERRUPTED OR ERROR FREE.
LIMITATION OF REMEDIES/DAMAGES:
(A) Liebert’s entire liability and your exclusive remedy arising from use or inability to use the Software is:
(1) The replacement of any distribution media not meeting Liebert’s wa rranty, or
Page 14 of 17

20070409 Mayfair Software™ EULA for AccuTrack®
(2) If Liebert is unable to provide you a replacement that conforms to Liebert’s warranty, to refund the purchase price.
(B) IN NO EVENT WILL LIEBERT BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST
PROFITS, LOST REVENUE, LOSS OF USE, OR LOSS OF DATA OR OTHER
INCIDENTAL OR CONSEQUENTIAL OR OTHER ECONOMIC DAMAGES ARISING OUT OF THE
USE OR INABILITY TO USE THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF
THESE DAMAGES. YOU ACKNOWLEDGE THAT THIS LICENSE REFLECTS THIS ALLOCA TION OF RISK.
U.S. GOVERNMENT RESTRICTED RIGHTS. This Software is developed at private expense and is provided with “Restricted
Rights.” Use, duplication, or disclosure by the United States Government is subject to restrictions set forth in the Federal
Acquisition Regulations and its Supplements. The manufacturer is Liebert Corporation, 1050 Dearborn Drive, Columbus, Ohio
43085.
ASSIGNMENT: You may not sublicense, assign, or otherwise transfer this license of the Software without the prior written consent of Liebert. Any such transfer of rights, duties, or obligations is void.
EXPORT RESTRICTIONS: You may not export the Software in violation of applicable export laws and regulations of the applicable countries. You agree to comply with all laws, regulations, decrees and orders of the United States of America that restrict the exportation (or re -exportation) of the Soft ware to other countries, including, without limitation, the U.S. Export
Administration Regulations.
UPDATE POLICY: Liebert may create, from time to time, updated versions of the Software. Liebert reserves the right to make changes to or improvements in any aspect of the Software at any time without prior notice to you and without an obligation to supply such changed and/or improved Soft ware to you.
COMPLETE AGREEMENT/GOVERNING LAW/VENUE: This Software license agreement comprises the final and complete agreement between the parties. No person is authorized to change or modify this Agreement except an executive officer of
Liebert Corporation and then only in writing. The laws of the United States and the State of Ohio shall apply to this Agreement and its interpretation without reference to choice or conflict of laws principles. Liebert and you hereby irrevocably submit to the personal and subje ct matter jurisdiction of any State of Ohio or federal court sitting in Columbus, Ohio, in any action or proceeding arising from or relating to this MultiLink® Software License Agreement.
MultiLink® Software License revision January 10, 2003
End of Liebert EULA
======================================================================================
20070409 Crusher! Software License Agreement
DC Micro Development grants the end user a limited right to use the Crusher! software (“SOFTWARE”) distributable code in an application program developed by your software supplier.
In no event will DC Micro Development be liable for any damages (including, but not limited to, damages for loss of business profits, business interruption, loss of data, and other specia l, incidental or consequential damages) arising out of the use, or the inability to use the SOFTWARE, even if DC Micro Development has been specifically advised of the possibility of such damages. DC Micro Development specifically disclaims all warranties, expressed or implied, including but not limited to any implied warranty of merchantability or fitness for a particular purpose. The SOFTWARE is provided AS IS AND WITHOUT
WARRANTIES OF ANY KIND.
GENERAL
1. If any provision in this License is found invalid or unenforceable, it will not affect the validity of the balance of this agreement, which shall remain valid and enforceable according to its terms.
2. The License may only be modified in writing signed by the Licensee and a specifically authorized representative of DC
Micro Development.
3. This License shall be construed, interpreted and governed by the laws of the state of Kentucky and any action hereunder shall be brought only in Kentucky.
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20070409 Mayfair Software™ EULA for AccuTrack®
4. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the
Rights in Technical Data and Computer Software clause at 52.227-7013. Contractor/Manufacturer is DC Micro Development,
P.O. Box 54588, Lexington, KY 40555, USA.
5. All rights not specifically granted in this License are reserved by DC Micro Development.
END OF CRUSHER! EULA
==========================================================================================
20070409 CERTICOM SECURITY BUILDER END USER LICENSE AGREEMENT
Certicom Corp. (“Certicom”) hereby grants to you (“Licensee”) a limited, nonexclusive, non-transferable right to use for its own internal business purposes certain software code (“Software”) in a single computing device only in connection with the application provided by licensee’s supplier.
All title and ownership in and to the Software and any associated materials that may be provided with the Software
(“Materials”), including all intellectual property rights such as copyright, trade secrets, patents and trade-marks, shall at all times remain with Certicom. Licensee acknowledges that the Software represents and embodies trade secrets and confidential information of Certicom and its licensors. Licensee agrees to take all reasonable measures to keep confidential the Software and protect Certicom’s rights in the Materials. Licensee agrees not to disassemble, decompile or otherwise reverse engineer the Software.
Compliance with Laws . Licensee shall comply with all applicable export control and other relevant laws of any applicable jurisdiction. Determination of the applicable law is Licensee’s responsibility. Licensee understands that the Software is cryptographic in nature and therefore the Materials are highly regulated. For purposes of use of the Materials by the U.S .
Government, the Materials are provided as Commercial Computer Software and Commercial Computer Software
Documentation, and use, duplication and disclosure by the U.S. Government is subject to the requirements set forth in FAR 52-
227-19 “Commercial Computer Software — Restricted Rights”, or DFARS 227.7202 “Commercial Computer Software and
Commercial Computer Software Documentation”, as applicable. Manufacturer is Certicom Corp., 200 Matheson Blvd. W.,
Suite 103, Mississauga, Ontario, Canada, L5R 3L7.
Disclaimer of Warranty.
Certicom licenses the Software and Materials to Licensee on an “as is” basis. Certicom makes no warranty, condition or representation of any kind whether express or implied, and Certicom expressly disclaims the implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, infringement and those arising by statute or otherwise in law or from the course of dealing or usage of trade
Certicom does not represent or warrant that the Software will meet any or all of Licensee’s particular requirements, that the operation of the Software will be error-free or uninterrupted, or that all programming errors in the Software can be found in order to be corrected.
Limitation of Liability. LICENSEE AGREES THAT ANY LIABILITY ON THE PART OF CERTICOM OR ITS
DISTRIBUTORS FOR BREACH OF THE WARRANTIES CONTAINED HEREIN OR ANY OF THE OTHER
PROVISIONS OF THIS AGREEMENT OR ANY OTHER BREACH GIVING RISE TO LIABILITY OR IN ANY
OTHER WAY ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ANY CAUSE OF ACTION
WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION (INCLUDING BREACH OF CONTRACT,
STRICT LIABILITY, TORT INCLUDING NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY),
SHALL BE LIMITED TO LICENSEE’S DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED THE TOTAL
AMOUNT PAID TO CERTICOM BY LICENSEE FOR THE SOFTWARE AND MATERIALS. IN NO EVENT
WILL CERTICOM BE LIABLE FOR DAMAGES IN RESPECT OF INCIDENTAL, ORDINARY, PUNITIVE,
EXEMPLARY, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES EVEN IF CERTICOM HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES INCLUDING, BUT NOT LIMITED TO, BUSINESS
INTERRUPTION, LOST BUSINESS REVENUE, LOST PROFITS, FAILURE TO REALIZE EXPECTED
SAVINGS, ECONOMIC LOSS, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITY OR ANY CLAIM
AGAINST LICENSEE BY ANY OTHER PARTY.
This license shall terminate if Licensee materially breaches any term or condition of this Agreement and fails to cure that breach within 30 days after receiving written notice of the breach, the non-breaching party may terminate this Agreement on written notice at any time following the end of such 30 day period.
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20070409 Mayfair Software™ EULA for AccuTrack®
This Agreement shall be governed by the laws in force in the Province of Ontario.
END OF CERTICOM SECURITY BUILDER EULA
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