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diff --git a/licenses/lightscribeSDK b/licenses/lightscribeSDK new file mode 100644 index 00000000..6bcd38c1 --- /dev/null +++ b/licenses/lightscribeSDK @@ -0,0 +1,371 @@ +LIGHTSCRIBEae SOFTWARE DEVELOPMENT TOOLKIT LICENSE AGREEMENT + + + +USE OF THE HP SOFTWARE IDENTIFIED ABOVE (THE ``SOFTWARE'') INCLUDING, +WITHOUT LIMITATION, ANY DOCUMENTATION, AND ANY OTHER SOFTWARE PRODUCTS +BUNDLED WITH OR EMBEDDED IN THE SOFTWARE (COLLECTIVELY, THE ``ANCILLARY +SOFTWARE''), IS SUBJECT TO THE LICENSE TERMS SET FORTH BELOW AND THE +APPLICABLE ``AS-IS WARRANTY STATEMENT'' PROVIDED AS A SEPARATE DOCUMENT. +YOU SHOULD READ ALL THE TERMS OF THIS AGREEMENT CAREFULLY. YOU WILL BE +ASKED TO REVIEW AND EITHER ACCEPT OR NOT ACCEPT ALL OF THE TERMS OF THIS +AGREEMENT. + + + +HP HAS IDENTIFIED ANCILLARY SOFTWARE BY EITHER NOTING THE RELEVANT +PARTY'S OWNERSHIP WITHIN EACH ANCILLARY SOFTWARE PROGRAM FILE AND/OR BY +PROVIDING INFORMATION IN THE ``RELEASE_NOTES.TXT'' FILE THAT IS PROVIDED +AS PART OF THE DOWNLOAD OF THE SOFTWARE. YOUR USE OF ANY ANCILLARY +SOFTWARE shall be governed by That party's license agreement +(``ancillary software license'') and not by this Agreement EXCEPT THAT +THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES PROVISIONS +CONTAINED IN THE ``AS-IS WARRANTY STATEMENT'' FOR THE SOFTWARE SHALL +CONTINUE TO APPLY TO SUCH ANCILLARY SOFTWARE. THE LICENSES FOR THE +ANCILLARY SOFTWARE ARE INCLUDED IN such ancillary software AND/OR SET +FORTH IN THE ``ANCILLARY.TXT'' FILE THAT IS PROVIDED AS PART OF THE +DOWNLOAD OF THE SOFTWARE. IF YOU CHOOSE TO ACCEPT THIS AGREEMENT WITHOUT +REVIEWING SUCH ANCILLARY SOFTWARE LICENSES OR OTHER TERMS, YOU WILL BE +DEEMED TO HAVE ACCEPTED SUCH ANCILLARY SOFTWARE LICENSES OR OTHER TERMS. + + + + +IF YOU (``CUSTOMER'') AGREE TO BE BOUND BY AND COMPLY WITH ALL THE TERMS +OF THIS AGREEMENT (INCLUDING THE ``AS-IS WARRANTY STATEMENT'' AS WELL AS +ANY TERMS OR CONDITIONS CONTAINED IN ANY OTHER LICENSE AGREEMENT THAT IS +IDENTIFIED IN THE SOFTWARE OR REFERENCED IN THE ``ANCILLARY.TXT'' FILE), +YOU MUST CLICK THE BUTTON OR, IF A BOX IS PROVIDED IN LIEU OF A BUTTON +PLACE A CHECK IN THE APPLICABLE BOX, INDICATING THAT YOU AGREE TO THE +TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND +BY ALL THE TERMS OF THIS AGREEMENT- (INCLUDING THE ``AS-IS WARRANTY +STATEMENT'' AS WELL AS ANY TERMS OR CONDITIONS CONTAINED IN ANY OTHER +LICENSE AGREEMENT THAT IS IDENTIFIED OR REFERENCED IN THE IN THE +SOFTWARE ``ANCILLARY.TXT'' FILE), HP IS UNWILLING TO GRANT YOU ANY +RIGHTS TO USE THE SOFTWARE, AND YOU MUST STOP INSTALLING THE SOFTWARE +AND INDICATE YOUR REJECTION OF THIS AGREEMENT BY NOT CLICKING THE +BUTTON, OR IF A BOX IS PROVIDED IN LIEU OF A BUTTON BY NOT PLACING A +CHECK IN THE APPLICABLE BOX. NOTWITHSTANDING THE FOREGOING, INSTALLING +OR OTHERWISE USING THE SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE +LICENSE TERMS. IF YOU ARE AGREEING TO THE TERMS OF THIS AGREEMENT +(INCLUDING THOSE TERMS AND CONDITIONS REFERRED TO IN THE SOFTWARE OR IN +THE ``ANCILLARY.TXT'' FILE) ON BEHALF OF YOUR EMPLOYER OR PRINCIPAL, THE +LICENSE GRANTED AND THE APPLICABLE RESTRICTIONS AND LIMITATIONS APPLY TO +YOUR EMPLOYER OR PRINCIPAL AS WELL AS TO YOU AS AN AGENT OF YOUR +EMPLOYER OR PRINCIPAL. SHOULD YOU CEASE WORKING FOR YOUR EMPLOYER OR +PRINCIPAL, YOUR EMPLOYER OR PRINCIPAL MAY CONTINUE TO OPERATE UNDER THIS +AGREEMENT. + + + +LICENSE TERMS + + + +Subject to any rights, limitations and obligations set forth in the +license terms for the Ancillary software whether or not included in the +Files.txt or ANCILLARY.TXT files: + + + +LICENSE GRANT + +HP grants Customer a worldwide, non-exclusive, non-transferable license +to use the Software on any one computer. Customer may not network the +Software or otherwise use it on more than one computer. Customer may +make copies or adaptations of the Software (a) for archival purposes or +(b) when copying or adaptation is an essential step in the use of the +Software with a computer so long as the copies and adaptations are used +in no other manner. + + LICENSE TO DEVELOP + + + + HP grants Customer a worldwide, non-exclusive, non-transferable license +to use the Software for the development of Customer applications (the +``Applications'') and reproduce and distribute the Applications to +third party end users provided that Customer: (i) does not redistribute +the Software in whole or in part, either separately or included in any +Application except as authorized in the License to Distribute below, and +(ii) agrees to indemnify, hold harmless, and defend HP and its +licensors from and against any claims or lawsuits, including attorney's +fees, that arise or result from the use or distribution of any and all +Applications developed through the use of the Software. + + + + LICENSE TO DISTRIBUTE + + + + HP grants Customer a worldwide, non-exclusive, non-transferable license +to reproduce and distribute the libraries contained in the Software +(the ``Libraries'') to third party end users either separately with or +as a component of its Applications provided that Customer: (i) +distributes the Libraries complete and unmodified, and (ii) does not +remove or alter any proprietary legends or copyright notices contained +in or on the Libraries. + + + + NO LICENSE TO TRADEMARKS + + + +HP does not grant Customer any right or license to use or display the +LightScribe mark or logo. Customer may only make fair, accurate, +truthful and otherwise lawful references or statements to the +LightScribe technology, such as "compatible with LightScribe". However, +Customer may not suggest it is authorized or licensed by HP, e.g. +"LightScribe Approved". + + + +1. GENERAL TERMS FOR THE SOFTWARE + +a) Software is owned and copyrighted by HP or by third party suppliers. +Customer's license to Use the Software confers no title or ownership and +is not a sale of any rights in the Software. Third party suppliers are +intended beneficiaries under this Agreement and may protect their rights +in the Software directly against the Customer. + +b) Customer has no right to rent, lease, time share, or otherwise +transfer the rights to the Software without the written consent of the +owner of the Software. Customer may not copy the Software onto any +public or distributed network. + +c) Customer must reproduce all copyright notices and other proprietary +legends in or on the original Software on all permitted copies or +adaptations. You may not remove from the Software, or alter, any of the +trademarks, trade names, logos, patent or copyright notices or markings, +or add any other notices or markings to the Software. + +d) HP shall have no obligation to provide support for the Software. This +license does not entitle you to receive upgrades, updates or technical +support. HP reserves the right to require additional licenses and fees +for Use of the Software on a different computer or device, or on the +class or series of equipment. + +e) Customer will not modify, disassemble, decompile, decrypt, or +otherwise attempt to access or determine the source code of the Software +(including any products not specifically enumerated in the files.txt or +ancillary.txt files) without HP's prior written consent. Where Customer +has other rights under statute, Customer will provide HP with reasonably +detailed information regarding any intended disassembly or +decompilation. Customer will not decrypt the Software unless necessary +for legitimate use of the Software. + +f) HP may terminate Customer's license to Use the Software upon notice +for failure to comply with any applicable Software license terms or at +any time for any reason whatsoever. Immediately upon termination, all +copies of the Software will be destroyed or returned to HP. Customer +shall remove, destroy or return to HP all copies of the Software that +are merged into adaptations, except for individual pieces of data in +Customer's database. With HP's prior written consent, one copy of the +Software may be retained subsequent to termination for archival +purposes. + +g) The Software may only be compatible with certain hardware platforms +and/or operating systems. Customer acknowledges and agrees that Customer +has the sole responsibility to independently obtain and independently +license and/or acquire the system requirements. + +h) HP, or its designee(s), shall, during regular business hours at +Customer's offices and in such a manner that does not interfere with +Customer's normal business activities, have the right to inspect and +audit, or have an inspection and audit, of the number of copies of +Software Used by Customer, the computers on which the Software, if any, +is installed and the number of users Using any such Software. HP's +audit rights shall not terminate or expire until three (3) years after +termination or expiration of this Agreement. + +i) In the following provision regarding Software licenses to the U.S. +Government, the term "Customer" means HP's direct licensee and the +end-user. + +1) If Software is licensed for use in the performance of a U.S +government prime contract or subcontract, Customer agrees that Software +has been developed entirely at private expense. Customer agrees that +Software, and any derivatives or modifications, is adequately marked +when the Restricted Rights Legend below is affixed to the Software or to +its storage media and is perceptible directly or with the aid of a +machine or device. Customer agrees to conspicuously put the following +legend on the Software media with Customer's name and address added +below the notice: + +RESTRICTED RIGHTS LEGEND + + + +Use, duplication or disclosure is subject to HP standard commercial +license terms and for non-DOD Departments and Agencies of the U.S. +Government, the restrictions as set forth in FAR 52.227-19(c)(1-2)(Jun +1987). + + + +Hewlett-Packard Company + + 3000 Hanover Street + + Palo Alto , CA 94304 U.S.A. + + + +Copyright (c) 2005 Hewlett-Packard Development Company. + +2) Customer further agrees that Software is delivered and licensed as +"Commercial computer software" as defined in DFARS 252.227-7014(Jun +1995) or as a "commercial item" as defined in FAR 2.101(a), or as +"Restricted computer software" as defined in FAR 52.227-19 (Jun 1987) +(or any equivalent agency regulation or contract clause), whichever is +applicable. The Customer agrees that it has only those rights provided +for such Software by the applicable FAR or DFARS clause or the HP +standard software agreement for the product involved. + +2. GENERAL + +a) Customer may not assign or transfer this Agreement or any rights or +obligations hereunder without prior written consent of HP. Any such +attempted assignment or transfer will be null and void. HP may +terminate this Agreement in the event of any such attempted assignment +or transfer. + +b) Customer may not export or re-export this Software or any copy or +adaptation in violation of any applicable laws or regulations. Without +limiting the generality of the foregoing, hardware, software, technology +or services provided under this license agreement may not be exported, +reexported, transferred or downloaded to or within (or to a national +resident of) countries under U.S. economic embargo including the +following countries: Afghanistan (Taliban-controlled areas), Cuba, Iran, +Iraq, Libya, North Korea, Sudan and Syria. This list is subject to +change. + +Hardware, software, technology or services may not be exported, +reexported, transferred or downloaded to persons or entities listed on +the U.S. Department of Commerce Denied Persons List, Entity List of +proliferation concern or on any U.S. Treasury Department Designated +Nationals exclusion list, or to parties directly or indirectly involved +in the development or production of nuclear, chemical, biological +weapons or in missile technology programs as specified in the U.S. +Export Administration Regulations (15 CFR 744). + +By accepting this license agreement you confirm that you are not located +in (or a national resident of) any country under U.S. economic embargo, +not identified on any U.S. Department of Commerce Denied Persons List, +Entity List or Treasury Department Designated Nationals exclusion list, +and not directly or indirectly involved in the development or production +of nuclear, chemical, biological weapons or in missile technology +programs as specified in the U.S. Export Administration Regulations. + +c) This Agreement shall be construed in accordance with the laws of the +State of California, without regard to conflict of laws principles. The +United Nations Convention on Contracts for the International Sale of +Goods is specifically disclaimed. + +d) If any term or provision herein is determined to be illegal or +unenforceable, the validity or enforceability of the remainder of the +terms or provisions herein will remain in full force and effect. Failure +or delay in enforcing any right or provision of this Agreement shall not +be deemed a waiver of such right or provision with respect to any +subsequent breach. Provisions herein, which by their nature extend +beyond the termination of any license of Software, will remain in effect +until fulfilled. + +e) Customer acknowledges that obtaining and maintaining accurate +Customer information, including but not limited to name and requested +contact information, ("Account Information") is critical to the +successful management of each Software license, which may include, but +may not be limited to, managing updates and providing support (as +applicable and under separate agreement) and investigating property +right infringements. Customer agrees and warrants that Customer has +provided and will maintain true, full and correct Account Information at +all times during the term of this license and promptly provide such +information to HP, upon HP's request. Customer agrees that Customer will +not provide false, misleading, or inadequate Account Information. + +f) This Agreement, including all Ancillary Software terms and conditions +downloaded in or with the Software, is the final, complete and exclusive +agreement between the parties relating to the Software, and supersedes +any previous communications, representations or agreements between the +parties, whether oral or written, regarding transactions hereunder. +Customer's additional or different terms and conditions will not apply. +These license terms may not be changed except by an amendment signed by +an authorized representative of each party. + +AS-IS WARRANTY STATEMENT + + + +1. DISCLAIMER. + + + +TO THE EXTENT ALLOWED BY LOCAL LAW, THIS SOFTWARE IS PROVIDED TO YOU +``AS IS'' WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER ORAL OR +WRITTEN, EXPRESS OR IMPLIED. HP SPECIFICALLY DISCLAIMS ANY IMPLIED +WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, +NON-INFRINGEMENT, TITLE, ACCURACY OF INFORMATIONAL CONTENT, AND FITNESS +FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE RESULTS AND +PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. NO ORAL OR WRITTEN +INFORMATION OR ADVICE GIVEN BY HP OR HP'S AUTHORIZED REPRESENTATIVES +SHALL CREATE A WARRANTY OR AMEND THIS ``AS IS'' WARRANTY. Some +jurisdictions do not allow exclusions of implied warranties or +conditions, so the above exclusion may not apply to you to the extent +prohibited by such local laws. You may have other rights that vary from +country to country, state to state, or province to province. + + + +2. LIMITATION OF LIABILITY. EXCEPT TO THE EXTENT PROHIBITED BY LOCAL +LAW, IN NO EVENT WILL HP OR ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, +OFFICERS, EMPLOYEES, AGENTS OR SUPPLIERS BE LIABLE FOR DIRECT, INDIRECT, +SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES +(INCLUDING LOST PROFIT, LOST DATA, OR DOWNTIME COSTS), ARISING OUT OF +THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SOFTWARE, +WHETHER BASED IN WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY, AND +WHETHER OR NOT HP WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. the +software is not specifically designed, manufactured or intended for use +in the planning, construction, maintenance, or direct operation of a +nuclear facility, AIRCRAFT NAVIGATION OR AIRCRAFT COMMUNICATION SYSTEMS, +AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS. +Customer is solely liable if the software is used for these +applications. Customer will indemnify and hold HP harmless from all +loss, damage, expense or liability in connection with such use. Your use +of the Software is entirely at your own risk. Should the Software prove +defective, you assume the entire cost of all service, repair or +correction. Some jurisdictions do not allow the exclusion or limitation +of liability for incidental or consequential damages, so the above +limitation may not apply to you to the extent prohibited by such local +laws. + + + +NOTE. EXCEPT TO THE EXTENT ALLOWED BY LOCAL LAW, THESE WARRANTY TERMS +DO NOT EXCLUDE, RESTRICT OR MODIFY, AND ARE IN ADDITION TO, THE +MANDATORY STATUTORY RIGHTS APPLICABLE TO THE LICENSE OF THE SOFTWARE TO +YOU; PROVIDED, HOWEVER, THAT THE CONVENTION ON CONTRACTS FOR THE +INTERNATIONAL SALE OF GOODS IS SPECIFICALLY DISCLAIMED AND SHALL NOT +GOVERN OR APPLY TO THE SOFTWARE PROVIDED IN CONNECTION WITH THIS +WARRANTY STATEMENT. + + + +IF YOU AGREE TO BE BOUND BY AND COMPLY WITH ALL THE TERMS OF THIS +LIMITED WARRANTY STATEMENT, YOU MUST CLICK THE BUTTON OR PLACE A CHECK +IN THE APPLICABLE BOX INDICATING THAT YOU AGREE TO THE TERMS AND +CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY ALL THE +TERMS OF THIS LIMITED WARRANTY STATEMENT, HP IS UNWILLING TO GRANT YOU +ANY RIGHTS TO USE THE SOFTWARE, AND YOU MUST STOP INSTALLING THE +SOFTWARE AND INDICATE YOUR REJECTION OF THIS LIMITED WARRANTY STATEMENT +BY NOT CLICKING THE BUTTON OR PLACING A CHECK IN THE APPLICABLE BOX. +NOTWITHSTANDING THE FOREGOING, INSTALLING OR OTHERWISE USING THE +SOFTWARE INDICATES YOUR ACCEPTANCE OF THIS LIMITED WARRANTY STATEMENT. + + + + + + + |