All
There have been a few posts where people are asking the list for licensed
software and some people taking a public risk by making arrangements to
send it.
I hope we can avoid legal issues that can be caused by such activity and
have attached copy of the license agreement that everyone must agree to
before downloading code, any code, off of TotalService.
IMPORTANT: READ BEFORE INSTALLING THE SOFTWARE
3COM END USER SOFTWARE LICENSE AGREEMENT
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE
DOWNLOADING OR OTHERWISE INSTALLING THIS PRODUCT, THE USE OF WHICH IS
LICENSED BY 3COM CORPORATION TO ITS CUSTOMERS FOR THEIR USE ONLY
AS SET FORTH BELOW. DOWNLOADING OR OTHERWISE INSTALLING ANY PART OF
THE SOFTWARE AND DOCUMENTATION INDICATES THAT YOU ACCEPT THESE TERMS
AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF
THIS AGREEMENT, DO NOT PROCEED WITH THE DOWNLOADING OR INSTALLATION
OF THE SOFTWARE AND DO NOT CLICK ON THE I ACCEPT BUTTON.
LICENSE: 3Com grants you a nonexclusive, nontransferable (except as
specified herein) license to use the accompanying software program(s)
in executable form (the "Software") and accompanying documentation
(the "Documentation"), subject to the terms and restrictions set forth
in this Agreement. You are not permitted to lease, rent, distribute or
sublicense (except as specified herein) the Software or Documentation
or to use the Software or Documentation in a time-sharing arrangement
or in any other unauthorized manner. Further, no license is granted
to you in the human readable code of the Software (source code).
Except as provided below, this Agreement does not grant you any rights
to patents, copyrights, trade secrets, trademarks, or any other rights
with respect to the Software or Documentation.
If you were granted a license when you initially obtained the Software
or any previous version of the Software, then such prior license shall
govern your use of the Software. If not, then, subject to the
restrictions set forth herein, the Software is licensed to be used on
ONE (1) personal computer or ONE (1) 3Com product, as applicable,
owned by or leased to you, for your internal use. You may reproduce
and provide one (1) copy of the Software and Documentation for each
such personal computer or 3Com product, as applicable, on which the
Software is used as permitted hereunder. Otherwise, the Software and
Documentation may be copied only as essential for backup or archive
purposes in support of your use of the Software as permitted hereunder.
Each copy of the Software and Documentation must contain 3Com's and its
licensors' proprietary rights and copyright notices in the same form
as on the original. You agree not to remove or deface any portion of
any legend provided on any licensed program or documentation delivered
to you under this Agreement.
Assignment; No Reverse Engineering: You may transfer the Software,
Documentation and the licenses granted herein to another party in the
same country in which you obtained the Software and Documentation if
the other party agrees in writing to accept and be bound by the terms
and conditions of this Agreement. If you transfer the Software and
Documentation, you must at the same time either transfer all copies of
the Software and Documentation to the party or you must destroy any
copies not transferred. Except as set forth above, you may not assign
or transfer your rights under this Agreement.
Modification, reverse engineering, reverse compiling, or disassembly
of the Software is expressly prohibited. However, if you are a European
Community ("EC") resident, information necessary to achieve
interoperability of the Software with other programs within the meaning
of the EC Directive on the Legal Protection of Computer Programs is
available to you from 3Com upon written request.
EXPORT RESTRICTIONS: The Software, including the Documentation and
all related technical data (and any copies thereof) (collectively
"Technical Data"), is subject to United States Export control laws
and may be subject to export or import regulations in other countries.
In addition, the Technical Data covered by this Agreement may contain
data encryption code which is unlawful to export or transfer from the
United States or country where you legally obtained it without an
approved U.S. Department of Commerce export license and appropriate
foreign export or import license, as required. You agree that you
will not export or re-export the Technical Data (or any copies thereof)
or any products utilizing the Technical Data in violation of any
applicable laws or regulations of the United States or the country
where you legally obtained it. You are responsible for obtaining
any licenses to export, re-export or import the Technical Data.
In addition to the above, the Product may not be used, exported or
re-exported (i) into or to a national or resident of any country to
which the U.S. has embargoed; or (ii) to any one on the U.S. Commerce
Department's Table of Denial Orders or the U.S. Treasury Department's
list of Specially Designated Nationals.
Trade Secrets; Title: You acknowledge and agree that the structure,
sequence and organization of the Software are the valuable trade
secrets of 3Com and its suppliers. You agree to hold such trade secrets
in confidence. You further acknowledge and agree that ownership of,
and title to, the Software and Documentation and all subsequent copies
thereof regardless of the form or media are held by 3Com and its
suppliers.
UNITED STATES GOVERNMENT LEGENDS: The Software, Documentation and any
other technical data provided hereunder is commercial in nature and
developed solely at private expense. The Software is delivered as
"Commercial Computer Software" as defined in DFARS 252.227-7014
(June 1995) or as a commercial item as defined in FAR 2.101(a) and
as such is provided with only such rights as are provided in this
Agreement, which is 3Com's standard commercial license for the
Software. Technical data is provided with limited rights only as
provided in DFAR 252.227-7015 (Nov. 1995) or FAR 52.227-14 (June 1987),
whichever is applicable.
TERM AND TERMINATION: This Agreement and license will expire fifty
(50) years from the date that you install the Software and
Documentation, if it is not terminated earlier. You may terminate it
at any time by destroying the Software and Documentation together with
all copies and merged portions in any form. It will also terminate
immediately if you fail to comply with any term or condition of this
Agreement. Upon such termination you agree to destroy the Software
and Documentation, together with all copies and merged portions in
any form.
LIMITED WARRANTIES AND LIMITATION OF LIABILITY: All warranties and
limitations of liability applicable to the Software are as stated on
the Limited Warranty Card or in the product manual, whether in paper
or electronic form, accompanying the Software. Such warranties and
limitations of liability are incorporated herein in their entirety by
this reference.
GOVERNING LAW: This Agreement shall be governed by the laws of the
State of California, U.S.A. excluding its conflicts of laws principles
and excluding the United Nations Convention on Contracts for the
International Sale of Goods.
SEVERABILITY: In the event any provision of this Agreement is found
to be invalid, illegal or unenforceable, the validity, legality and
enforceability of any of the remaining provisions shall not in any
way be affected or impaired and a valid, legal and enforceable
provision of similar intent and economic impact shall be substituted
therefor.
ENTIRE AGREEMENT: This Agreement sets forth the entire understanding
and agreement between you and 3Com and supersedes all prior agreements,
whether written or oral, with respect to the Software and
Documentation, and may be amended only in a writing signed by both
parties.
Should you have any questions concerning this Agreement or if you
desire to contact 3Com for any reason, please contact the 3Com
subsidiary serving your country, or write: 3Com Corporation, Customer
Support Information, 5400 Bayfront Plaza, Santa Clara, CA 95052
3Com is a registered trademark of 3Com Corporation.
3Com Corporation
5400 Bayfront Plaza, P.O. Box 58145
Santa Clara, CA 95052-8145
(408) 326-5000
Copyright 2001 © 3Com Corporation. All rights reserved.
