SOFTWARE LICENSE AGREEMENT
FOR SOBEES AND ALL DESKNET PRODUCTS
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE SOFTWARE. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU ARE ACCESSING THE SOFTWARE ELECTRONICALLY, SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF THIS LICENSE BY CLICKING THE "AGREE/ACCEPT" BUTTON. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE AND CLICK "DISAGREE/DECLINE".
IMPORTANT NOTE: THIS IS “BETA”, PRE-RELEASE, TIME-LIMITED SOFTWARE MEANT FOR EVALUATION PURPOSES ONLY. THIS SOFTWARE SHOULD NOT BE USED IN A COMMERCIAL OPERATING ENVIRONMENT OR WITH IMPORTANT DATA. BEFORE INSTALLING THIS SOFTWARE, YOU SHOULD BACK UP ALL OF YOUR DATA.
- General. The software, documentation and any fonts accompanying this License whether on disk, in read only memory, on any other media or in any other form (collectively the “Software”) are licensed, not sold, to you by deskNET SA, PSE-C, 1015 Lausanne, Switzerland (“deskNET”) for use only under the terms of this License, and deskNET reserves all rights not expressly granted to you. The rights granted herein are limited to deskNET's and its licensors’ intellectual property rights in the sobees Software and do not include any other patents or intellectual property rights. You own the media on which the sobees Software is recorded but deskNET and/or deskNET's licensor(s) retain ownership of the sobees Software itself.
- Permitted License Uses and Restrictions; Confidentiality.
- Consent to Use of Data. You agree that deskNET and its subsidiaries may collect and use technical and related information, including but not limited to technical information about your computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the sobees Software, and to verify compliance with the terms of this License. deskNET may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you.
- Term of License. The term of this License shall commence upon your installation or use of the sobees Software and will terminate automatically without notice from deskNET upon the next commercial release of the sobees Software, or June 30th, 2008, whichever occurs first. Your rights under this License will also terminate automatically without notice from deskNET if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the sobees Software and destroy all copies, full or partial, of the sobees Software.
- Support and Maintenance. deskNET is not obligated to provide any maintenance, technical or other support for the sobees Software, or any updates to you for the sobees Software. You acknowledge that deskNET has no express or implied obligation to announce or make available a commercial version of the sobees Software to anyone in the future. Should a commercial version be made available, it may have features or functionality that are different from those found in the sobees Software licensed hereunder.
- Disclaimer of Warranties. The sobees Software is pre-release “beta” software that may be incomplete and may contain inaccuracies or errors that could cause failures or loss of data. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOBEES SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOBEES SOFTWARE IS PROVIDED “AS IS”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND DESKNET AND DESKNET'S LICENSORS (COLLECTIVELY REFERRED TO AS “DESKNET” FOR THE PURPOSES OF SECTIONS 6 AND 7) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ALL WITH REGARD TO THE SOBEES SOFTWARE. DESKNET DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOBEES SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE SOBEES SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOBEES SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOBEES SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DESKNET OR A DESKNET AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SOBEES SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. The sobees Software automatically references and links to sites and information located worldwide throughout the Internet. Because deskNET has no control over such sites and information, deskNET makes no guarantees as to such sites and information, including: (a) the accuracy, currency, content, or quality of any such sites and information, or (b) whether search completed through the sobees Software may locate unintended or objectionable content. Because some of the content on the Internet consists of material that is adult-oriented or otherwise objectionable to some people or viewers under the age of 18, the results of any search or entering of a particular URL using the sobees Software may automatically and unintentionally generate links or references to objectionable material. By using the sobees Software, you acknowledge that deskNET makes no representations or warranties with regard to the appropriateness of the content viewed through the sobees Software, whether on a pre-installed channel button or as a result of your search. deskNET does not guarantee the sequence, accuracy, completeness or timeliness of the content displayed by or accessed through the sobees Software. deskNET, its officers, affiliates and subsidiaries shall not, directly or indirectly, be liable, in any way, to you or any other person for the content you receive using the sobees Software or for any inaccuracies, errors in or omissions from the content.
- Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL DESKNET BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOBEESSOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF DESKNET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
- Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the Switzerland, without regard to choice of law provisions thereof. All disputes shall be exclusively brought to the ordinary courts of Lausanne, Switzerland.
- Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the sobees Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by deskNET.
- Third Party Acknowledgements.
A. This License allows you, during the term of this License, to install and use one copy of the sobees Software on each computer owned or controlled by you for evaluation purposes only. To do so, you may place the sobees Software on your internal network so that multiple computers owned or controlled by you may access and use the sobees Software at the same time for evaluation purposes only. The sobees Software should not be used in a commercial operating environment where it may be relied upon to perform in the same manner as a final-release commercial-grade product or with data that is not sufficiently and regularly backed up. You may make one copy of the sobees Software in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original.
B. Except as and only to the extent expressly permitted by this License, by applicable licensing terms governing use of the Open-Sourced Components, or by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, create derivative works of, incorporate into or compile in combination with your own programs, rent, lease, lend, sublicense or otherwise redistribute the sobees Software.
A. Portions of the sobees Software utilize or include third party software and other copyrighted material. Acknowledgements, licensing terms and additional disclaimers for such material are contained in the “online” electronic documentation for the sobees Software or may otherwise accompany such material, and your use of such material is governed by their respective terms.
B. Certain software libraries and other third party software included with the sobees Software are free software and licensed under the terms of the GNU General Public License (GPL) or the GNU Library/Lesser General Public License (LGPL), as the case may be.