Mayfair EULA for Journal Office
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1 Mayfair EULA for Journal Office 9-April-2014 Page 1 of 9 Mayfair EULA for Journal Office Mayfair Software End User License Agreement Software programs which you received either installed on on the device provided by Diebold, Incorporated ( Diebold ), downloaded from a Diebold website or provided on a CD by Diebold are copyrighted by the respective authors and use of each program is governed by the respective author's terms included herein or in the software. Mayfair Software Distribution, Inc. ( Mayfair Software ) claims copyright in the compilation only. THIS SOFTWARE IS PROVIDED AS IS AND WITHOUT WARRANTY OF ANY KIND. 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 to arrange for return of the software and a refund of the value of the media. NEITHER MAYFAIR SOFTWARE 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 DESCRIBED HEREIN. 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, IF ANY. ==================================================================== Microsoft Enterprise Library License Copyright Microsoft Corporation. All rights reserved. This license governs use of the Enterprise Library software. By using the software, you accept this license. If you do not accept the license, do not use the software and return any media on which the software was provided to the entity from which you obtained it. 1. Definitions A "contribution" is the original software or any additions or changes to the software. A "contributor" is any person that distributes its contribution under this license. "Licensed patents" are a contributor's patent claims that read directly on its contribution. 2. Grant of Rights (A) Copyright Grant- Subject to the terms of this license, including the license conditions and limitations in section 3, each contributor grants you a non-exclusive, worldwide, royalty-free copyright license to use the software. (B) Patent Grant- Subject to the terms of this license, including the license conditions and limitations in section 3, each contributor grants you a non-exclusive, worldwide, royalty-free license under its licensed patents to its contribution in the software.
2 Mayfair EULA for Journal Office 9-April-2014 Page 2 of 9 3. Conditions and Limitations (A) No Trademark License- This license does not grant you rights to use any contributors' name, logo, or trademarks. (B) If you bring a patent claim against any contributor over patents that you claim are infringed by the software, your patent license from such contributor to the software ends automatically. (C) You must retain all copyright, patent, trademark, and attribution notices that are present in the software. (D) THE SOFTWARE IS LICENSED "AS-IS" WITH ALL FAULTS AND WITHOUT WARRANTY. You bear the risk of using it. The contributors give no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws which this license cannot change. To the extent permitted under your local laws, the contributors exclude the implied warranties of merchantability, fitness for a particular purpose and non-infringement. 4. Entire Agreement This license states the entire agreement regarding the software. This license may only be amended by a written amendment that is signed by you and all contributors. End of Microsoft Enterprise Library License LogicaCMG EnterpriseLibraryExtension License Copyright 2006 Erwyn van der Meer You are hereby granted a nonexclusive, nontransferable license to use one copy of the furnished Software as integrated with the provided product(s). You may not work around any technical limitations in the software; reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation; make any copies of the software, except and only to the extent that applicable law expressly permits, despite this limitation; or transfer, rent, lease or lend the software. THE SOFTWARE IS PROVIDED AS IS, WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. End of LogicaCMG EnterpriseLibraryExtension License
3 Mayfair EULA for Journal Office 9-April-2014 Page 3 of NUnit End User License Agreement Copyright James W. Newkirk, Michael C. Two, Alexei A. Vorontsov, Charlie Poole Copyright Philip A. Craig This software is provided 'as-is', without any express or implied warranty. In no event will the authors be held liable for any damages arising from the use of this software. Permission is granted to anyone to use this software for any purpose, including commercial applications, and to alter it and redistribute it freely, subject to the following restrictions: 1. The origin of this software must not be misrepresented; you must not claim that you wrote the original software. If you use this software in a product, an acknowledgment (see the following) in the product documentation is required. Portions Copyright 2002 James W. Newkirk, Michael C. Two, Alexei A. Vorontsov or Copyright Philip A. Craig. 2. Altered source versions must be plainly marked as such, and must not be misrepresented as being the original software. 3. This notice may not be removed or altered from any source distribution. License Note This license is based on the open source zlib/libpng license. The idea was to keep the license as simple as possible to encourage use of NUnit in free and commercial applications and libraries, but to keep the source code together and to give credit to the NUnit contributors for their efforts. While this license allows shipping NUnit in source and binary form, if shipping a NUnit variant is the sole purpose of your product, please let us know. End of NUnit License InstallShield Redistributable Files License The Redistributable files of InstallShield software ( SOFTWARE PRODUCT ) included herewith are provided by Flexera Software, Inc. The SOFTWARE PRODUCT is protected by copyright laws and international treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold. You are granted a limited, personal, non-exclusive and non-transferrable right to use the SOFTWARE PRODUCT as provided. The SOFTWARE PRODUCT may be used only by you in a single computer. You may not modify, reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this restriction. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be
4 Mayfair EULA for Journal Office 9-April-2014 Page 4 of 9 separated for use on more than one computer. You may make one backup and/or archival copy of the SOFTWARE PRODUCT. You may not distribute, sublicense, transfer, rent, lease, or lend the SOFTWARE PRODUCT to any third party. You may not, by operation of law or otherwise, transfer any license rights or other interests in the SOFTWARE PRODUCT. Your license may be terminated by Licensor if you fail to comply with the terms of this Agreement within ten (10) days after receipt of written notice of such failure. In the event of termination, you must cease using the Software, destroy all copies of the Software (including copies in storage media) and certify such destruction to Licensor. This requirement applies to all copies in any form, partial or complete. Upon the effective date of any termination, you relinquish all rights granted under this Agreement. All title, trademarks and copyrights in and pertaining to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animation, video, audio, music, text, and applets incorporated into the SOFTWARE PRODUCT), the accompanying, printed materials (if any) and any copies of the SOFTWARE PRODUCT are owned by Flexera or its affiliated companies. The SOFTWARE PRODUCT is protected by copyright and trademark laws and international treaty provisions. You must treat the SOFTWARE PRODUCT like any other copyrighted software for archival purposes, and you may not copy the printed materials accompanying the SOFTWARE PRODUCT. The SOFTWARE PRODUCT and documentation are provided as Commercial Computer Software or restricted computer software. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in 48 C.F.R. Section or 48 C.F.R , as applicable, or successor provisions. Manufacturer is: Flexera Software, Inc., 1000 East Woodfield Road, Suite 400, Schaumburg, IL If you acquired or use this SOFTWARE PRODUCT in the United States, this license is governed by the laws of the State of California. If this SOFTWARE PRODUCT was acquired and is used exclusively outside of the United States, then local law may also apply. Should you have any questions concerning this license, or if you desire to contact Flexera for any reason, please contact Flexera Software Inc., 1000 East Woodfield Road, Suite 400, Schaumburg, IL To the extent that express or implied warranties on the SOFTWARE PRODUCT are disclaimable, they are disclaimed herein below. Some states and jurisdictions do not allow disclaimers of or limitations on the duration of an implied warranty, so the above limitation may not apply to you. To the extent implied warranties may not be entirely disclaimed but implied warranty limitations are allowed by applicable law, implied warranties on the SOFTWARE PRODUCT, if any, are limited to ninety (90) days. Flexera s and its suppliers entire liability and your exclusive remedy shall be, at Flexera s option, either (a) return of the price paid by you for the SOFTWARE PRODUCT, not to exceed ten United States dollars (U.S. $10.00), or (b) repair or replacement of the component(s) of the SOFTWARE PRODUCT which is returned to Flexera with a copy of your purchase receipt. This Limited Warranty is void if failure of the SOFTWARE PRODUCT has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE PRODUCT will be warranted for the remainder of the original warranty period
5 Mayfair EULA for Journal Office 9-April-2014 Page 5 of 9 or thirty (30) days, whichever is longer. Outside of the United States, neither of these remedies nor any product support services offered by Flexera are available without proof of purchase from a Flexera authorized international source. TO THE MAXIMUM EXTEND PERMITTED BY APPLICABLE LAW, FLEXERA AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FLEXERA 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 OR THE PROVISIONS OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF FLEXERA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, FLEXERA S ENTIRE LIABILITY SHALL BE LIMITED TO THE GREATER OF THE LICENSE FEES ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR TEN UNITED STATES DOLLARS (U.S. $10.00). BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. LICENSOR DOES NOT LIMIT OR EXCLUDE ITS LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE. For Users within Europe, the Middle East or Africa, No person who is not a party to this Agreement shall be entitled to enforce any terms of the same under the Contracts (Rights of Third Parties) Act End of InstallShield Redistributable Files License. Windows Server 2003 Resource Kit Tool Microsoft Distributed Code License Agreement These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. For purposes of this license, "you" means you individually, as well as any entity for which you act as an employee or agent, and any entity who installs or operates the software. By agreeing to this license, or installing, using or operating this software, you certify that you legally bind yourself and all such entities to the terms of this license. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft update and supplements for this software, unless other terms accompany those items. If so, those terms apply. BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM,
6 Mayfair EULA for Journal Office 9-April-2014 Page 6 of 9 DO NOT USE THE SOFTWARE. 1. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not: disclose the results of any benchmark tests of the software to any third party without Microsoft s prior written approval; work around any technical limitations in the software; reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation; make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation; publish the software for others to copy; or rent, lease, transfer or lend the software. 2. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software. 3. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see 4. ENTIRE AGREEMENT. This agreement, and the terms for supplements and updates are the entire agreement for the software. 5. APPLICABLE LAW. a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort. b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.
7 Mayfair EULA for Journal Office 9-April-2014 Page 7 of 9 6. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your state or country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your state or country if the laws of your state or country do not permit it to do so. 7. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED AS-IS, WITH ALL FAULTS AND WITHOUT WARRANTY. YOU BEAR THE RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. WHERE ALLOWED BY YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 8. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. THIS SOFTWARE IS BEING LICENSED TO YOU WITHOUT CHARGE. YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES. This limitation applies to anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your state or country may not allow the exclusion or limitation of incidental, consequential or other damages. End of Microsoft Distributed Code License Agreement Metabuilders WebControls End User License Agreement Copyright MetaBuilders 2006 Microsoft Permissive License (Ms-PL) v1.1 This license governs use of the accompanying software. If you use the software, you accept this license. If you do not accept the license, do not use the software. 1. Definitions The terms "reproduce," "reproduction," "derivative works," and "distribution" have the same meaning here as under U.S. copyright law. A "contribution" is the original software, or any additions or changes to the software.
8 Mayfair EULA for Journal Office 9-April-2014 Page 8 of 9 A "contributor" is any person that distributes its contribution under this license. "Licensed patents" are a contributor's patent claims that read directly on its contribution. 2. Grant of Rights (A) Copyright Grant- Subject to the terms of this license, including the license conditions and limitations in section 3, each contributor grants you a non-exclusive, worldwide, royalty-free copyright license to reproduce its contribution, prepare derivative works of its contribution, and distribute its contribution or any derivative works that you create. (B) Patent Grant- Subject to the terms of this license, including the license conditions and limitations in section 3, each contributor grants you a non-exclusive, worldwide, royalty-free license under its licensed patents to make, have made, use, sell, offer for sale, import, and/or otherwise dispose of its contribution in the software or derivative works of the contribution in the software. 3. Conditions and Limitations (A) No Trademark License- This license does not grant you rights to use any contributors' name, logo, or trademarks. (B) If you bring a patent claim against any contributor over patents that you claim are infringed by the software, your patent license from such contributor to the software ends automatically. (C) If you distribute any portion of the software, you must retain all copyright, patent, trademark, and attribution notices that are present in the software. (D) If you distribute any portion of the software in source code form, you may do so only under this license by including a complete copy of this license with your distribution. If you distribute any portion of the software in compiled or object code form, you may only do so under a license that complies with this license. (E) The software is licensed "as-is." You bear the risk of using it. The contributors give no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws which this license cannot change. To the extent permitted under your local laws, the contributors exclude the implied warranties of merchantability, fitness for a particular purpose and non-infringement. End of Metabuilders WebControls End User License Agreement Obviex Sample Code Agreement You are hereby granted a nonexclusive, nontransferable right to use one copy of the software ( Software ) as integrated with or otherwise furnished with the provided product(s). For purposes of this agreement, "you" means you individually, as well as any entity for which you act as an employee or agent, and any entity who installs or operates the Software. By agreeing to these terms, or installing, using or operating this Software, you certify that you legally bind yourself and all such entities to the terms of this agreement.
9 Mayfair EULA for Journal Office 9-April-2014 Page 9 of 9 You may not: work around any technical limitations in the Software; alter or remove any copyright notice or proprietary legend contained in the contents; reverse engineer, decompile or disassemble the Software, except and only to the extent that applicable law expressly permits, despite this limitation; make any copies of the Software, except and only to the extent that applicable law expressly permits, despite this limitation; or transfer, rent, lease or lend the Software. THE SOFTWARE IS PROVIDED AS IS, WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. End of Obviex Sample Code Agreement
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