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authorJeremy Huddleston <eradicator@gentoo.org>2004-04-27 05:04:57 +0000
committerJeremy Huddleston <eradicator@gentoo.org>2004-04-27 05:04:57 +0000
commitb324d40ab00da94e49dc014cb782cc4f4c248826 (patch)
tree18fdba86ccec945ae7ccd23d4b56823544e52ba9 /licenses
parentarm KEYWORDS (diff)
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Maya 5.0 Documentation Server License
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+MAYA DOCUMENTATION SERVER LICENSE AGREEMENT
+
+READ THIS AGREEMENT CAREFULLY. ALIAS|WAVEFRONT, A DIVISION OF SILICON GRAPHICS
+LIMITED AND ANY THIRD PARTY LICENSORS WHOSE TECHNOLOGY IS INCORPORATED INTO OR
+PROVIDED WITH THE MAYA DOCUMENTATION SERVER ("ALIAS|WAVEFRONT") IS WILLING TO
+LICENSE THE MAYA DOCUMENTATION SERVER (THE "SOFTWARE") TO YOU (THE "CUSTOMER")
+ONLY ON THE CONDITION THAT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT
+ARE ACCEPTED.
+
+YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY CLICKING THE ICON
+LABELLED "I ACCEPT" THAT IS DISPLAYED BELOW. IF YOU DO NOT AGREE TO THIS
+AGREEMENT, CLICK THE ICON LABELLED "CANCEL".
+
+1. Ownership and License. This is a license agreement and NOT an agreement for
+sale. As between Customer and Alias|Wavefront, Alias|Wavefront continues to
+own the copy of the Software and all intellectual property rights therein. The
+Customer's rights to use the Software are specified in this Agreement, and
+Alias|Wavefront retain all rights not expressly granted to the Customer in this
+Agreement. Nothing in this Agreement constitutes a waiver of Alias|Wavefront's
+rights under domestic, foreign or international law, or any other state,
+provincial, local, or regional law.
+
+2. License to Software. Alias|Wavefront grants to Customer and Customer
+accepts, a non-exclusive, non-transferable license to use the Software during
+the term hereof, subject to the terms and conditions of this Agreement.
+Customer may use the Software only in connection with operation and management
+of Customer's own internal business. Customer is not authorized to grant
+sublicenses to use the Software, nor to permit other persons to use the
+Software on a time-sharing or any other basis without the prior written consent
+of Alias|Wavefront, which may be granted or withheld in Alias|Wavefront's sole
+discretion.
+
+3. Third Party Components.
+
+3.1. The Software is distributed with the following third-party
+components/applications: (1) Lucene Search Engine Toolkit v1.2 (the
+"Toolkit"); (2) Mozilla's Rhino JavaScript Interpreter for Java v1.5 ("Rhino");
+and (3) Sun Microsystem's Java Runtime Environment v1.4 ("JRE").
+
+3.2. The Toolkit was developed by the Apache Software Foundation
+(http://www.apache.org/). (c) 1999 The Apache Software Foundation. All rights
+reserved. The Toolkit consists of voluntary contributions made by many
+individuals on behalf of the Apache Software Foundation. For more information
+on the Apache Software Foundation, please see http://www.apache.org.
+
+3.3. The Toolkit and JRE are provided pursuant to this Agreement and Customer's
+use of the Toolkit and/or JRE shall be governed by the terms and conditions
+hereof.
+
+3.4. Notwithstanding any inconsistent terms hereof, Rhino is provided pursuant
+to the terms of the Mozilla Public License Version 1.1 (the "License") and is
+distributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either express
+or implied (you may obtain a copy of the License at
+http://www.mozilla.org/MPL/.) - see the License for the specific language
+governing rights and limitations under the License.
+
+4. Warranties. THE SOFTWARE IS PROVIDED AS IS. ALIAS|WAVEFRONT DOES NOT
+WARRANT THAT THE SOFTWARE OR ANY COMPONENT THEREOF WILL MEET CUSTOMER'S
+REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE.
+ALIAS|WAVEFRONT MAKES NO WARRANTIES, EXPRESS, IMPLIED OR ARISING BY CUSTOM OR
+TRADE USAGE RELATING TO THE SOFTWARE OR ANY COMPONENT THEREOF, AND WITHOUT
+LIMITING THE GENERALITY OF THE FOREGOING, TO THE EXTENT PERMITTED BY APPLICABLE
+LAW, SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT,
+MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE EXTENT PERMITTED
+BY APPLICABLE LAW: ALIAS|WAVEFRONT SHALL HAVE NO LIABILITY IN CONTRACT, TORT
+OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THIS
+AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT SHALL
+ALIAS|WAVEFRONT BE LIABLE FOR ANY PUNITIVE OR MULTIPLE DAMAGES OR LOST PROFITS
+OR OTHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES,
+INCLUDING ANY DAMAGES RESULTING FROM LOSS OF BUSINESS ARISING OUT OF OR IN
+CONNECTION WITH THE PERFORMANCE OF THE SOFTWARE, EVEN IF ALIAS|WAVEFRONT HAS
+BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER SHALL
+INDEMNIFY ALIAS|WAVEFRONT AND ITS LICENSORS AND HOLD ALIAS|WAVEFRONT AND ITS
+LICENSORS HARMLESS FROM AND AGAINST ANY LOSS, CLAIM OR DAMAGE TO ANY PERSON
+ARISING OUT OF OR RELATING TO CUSTOMER'S USE OF THE SOFTWARE.
+
+5. Protection of Proprietary Material. For the purposes of this Agreement,
+"Proprietary Material" means the Software and any portion thereof in any
+embodiment, including copies thereof, and any other information or data, in
+written, graphic, or machine readable form, received by Customer from
+Alias|Wavefront, including, but not limited to, designs, improvements, concepts
+and ideas provided, however, that Proprietary Material does not include
+information and data which is rightfully in Customer's possession prior to its
+receipt from Alias|Wavefront, or which, other than through the fault of
+Customer, is or becomes available in the public domain. Alias|Wavefront and/
+retain all right, title, and interest in and to all Proprietary Material
+(including, without limitation, all trade secrets and intellectual property
+rights therein) furnished by Alias|Wavefront and to all copies thereof made by
+Customer. Customer acknowledges that the Proprietary Material is confidential
+and constitutes a valuable asset of Alias|Wavefront and/or its suppliers and/or
+its licensors and shall not disclose, publish, display or otherwise make
+available to any persons any of the Proprietary Material or copies thereof
+without Alias|Wavefront's prior written consent. Customer shall not copy or
+reproduce any of the Proprietary Material, except for back-up purposes, or with
+the prior written consent of Alias|Wavefront. Customer shall not use any
+Proprietary Material for any purpose not specifically authorized in this
+Agreement. Customer shall limit the use of and access to the Software and other
+Proprietary Material to its bona fide employees or consultants whose use of or
+access to such Proprietary Materials is necessary to Customer's use of the
+Software and shall take appropriate action, by agreement, instruction or
+otherwise, to protect the Proprietary Material from unauthorized publication,
+disclosure or use. Customer shall not remove any copyright or proprietary
+rights notice included in any Proprietary Material and shall reproduce all such
+notices on any copies made of any Proprietary Material. Customer acknowledges
+and agrees that in the event of any breach of its obligations under this
+Section, Alias|Wavefront will not have an adequate remedy at law, and,
+therefore, injunctive or other equitable relief would be appropriate.
+
+6. Term and Termination. This Agreement is effective until terminated. If
+Customer shall fail to perform or be in breach of any of its obligations
+hereunder, Alias|Wavefront may terminate this Agreement and the license granted
+hereunder, by giving written notice of termination to Customer effective
+immediately upon its sending. Customer may terminate this Agreement at any
+time by destroying all copies of the Software in Customer's possession and
+certifying in writing such destruction to Alias|Wavefront, or by returning all
+such copies to Alias|Wavefront. This Agreement and Customer's license and
+rights hereunder shall automatically terminate if Customer purports to assign
+this Agreement or the license granted hereunder to another party or breaches
+any of its obligations hereunder in respect of the Proprietary Material. Upon
+termination, Customer must immediately cease all use of the Software and
+deliver or destroy all Proprietary Material, including copies thereof, in its
+possession, custody or control, including information and data relating to the
+Software stored in any computer software or storage facility which for any
+reason cannot be delivered to Alias|Wavefront or which may be detected in the
+future on backup media. Sections 5, 6, 8, 9 and 10 hereof shall survive any
+termination of this Agreement.
+
+7. Government End Users-Restricted Rights Legend. If the Software is acquired
+directly or indirectly on behalf of a unit or agency of the United States
+Government and this provision applies. For civilian agencies: the
+Alias|Wavefront Software was developed at private expense and is "restricted
+computer software" submitted with restricted rights in accordance with
+subparagraphs (a) through (d) of the Commercial Computer Software - Restricted
+Rights clause of FAR 52.227-19 and its successors; and it is unpublished and
+all rights are reserved under the copyright laws of the United States. For
+units of the Department of Defense (DoD): the Alias|Wavefront Software is
+licensed only with "Restricted Rights" as that term is defined in the DoD
+Supplement to the FAR, clause 252.227-7013 (c)(1)(ii) (Oct. 1988), Rights in
+Technical Data and Computer Software and its Successors (including clause
+252.227-7014(b)(3) (1994)), and use, duplication or disclosure is subject to
+the restrictions set forth therein.
+
+8. General Provisions. Customer acknowledges that the Software is subject to
+export control laws and regulations, including future amendments thereof
+("Export Laws"). Customer shall not directly or indirectly purport to or
+transfer the Software in any manner in violation of any Export Laws. Customer
+shall indemnify Alias|Wavefront from and against any loss, claim or damage
+arising out of Customer's violation of the Export Laws. All written notices
+required hereunder shall be sufficient if sent by certified or registered mail,
+postage prepaid, addressed to the address provided by Customer prior to
+downloading the Software. This Agreement sets forth the entire agreement and
+understanding of the parties with respect to the subject matter hereof, and
+supersedes all prior oral and written agreements and understandings relating
+thereto. Neither party shall be bound by or be liable for any alleged
+representation, promise, inducement or statement of intention not set forth
+herein and no waiver, alteration, modification, or cancellation of any of the
+provisions of this Agreement shall be binding unless made in writing and signed
+by the parties. The failure of either party to require performance of any
+provision hereof shall not affect the right at a later time to enforce such
+provision. No remedy referred to in this agreement is intended to be
+exclusive, but each shall be cumulative and in addition to any other remedy
+referred to herein or otherwise available at law or in equity. In the event
+that one or more of the provisions contained in this Agreement shall for any
+reason be held invalid, illegal or unenforceable in any respect, no other
+provisions contained in the Agreement shall be affected. This Agreement shall
+be governed by the substantive law of the Province of Ontario, Canada, without
+regard to its conflicts of law principles, and not by the 1980 United Nations
+Convention on Contracts for the International Sale of Goods, as amended. This
+Agreement shall be binding upon and enure to the benefit of the parties and
+their respective successors, assigns and legal representatives, provided,
+however, that the rights and obligations of Customer hereunder may not be
+assigned, sublicensed or otherwise transferred in whole or in part, without the
+prior written consent of Alias|Wavefront.
+