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Mayfair EULA for Agilis XFS for Opteva

1. Author means the individual or entity that offers the Work under the terms of this License Mayfair EULA for Agilis XFS for Opteva 2 April 2014 Page 16 of 47 Derivative Work means a work based upon the Work or upon the Work and other pre existing works Executable Files refer to the executables binary files configuration and any required data files included in the Work Publisher means the provider of the website magazine CD ROM DVD or other medium from or by which the Work is obtained by You Source Code refers to the collection of source code and configuration files used to create the Executable Files Standard Version refers to such a Work if it has not been modified or has been modified in accordance with the consent of the Author such consent being in the full discretion of the Author Work refers to the collection of files distributed by the Publisher including the Source Code Executable Files binaries data files documentation whitepapers and the Articles You is you an individual or entity wishing to use the Work and exercise your rights under this License Fair Use Fair Use Rights Nothing in this License is intended to reduce limit or restrict any rights arising from fair use fair dealing first sale or other limitations on the exclusive rights of the copyright owner under copyright law or other applicable laws License Grant Subject to the terms and conditions of this License the Author here
2. B Any new file that contains any part of the Original Code or previous Modifications 1 10 Original Code means Source Code of computer software code which is described in the Source Code notice required by Exhibit A as Original Code and which at the time of its release under this License is not already Covered Code governed by this License 1 10 1 Patent Claims means any patent claim s now owned or hereafter acquired including without limitation method process and apparatus claims in any patent Licensable by grantor 1 11 Source Code means the preferred form of the Covered Code for making modifications to it including all modules it contains plus any associated interface definition files scripts used to control compilation and installation of an Executable or source code differential comparisons against either the Original Code or another well known available Covered Code of the Contributor s choice The Source Code can be in a compressed or archival form provided the appropriate decompression or de archiving software is widely available for no charge 1 12 You or Your means an individual or a legal entity exercising rights under and complying with all of the terms of this License or a future version of this License issued under Section 6 1 For legal entities You includes any entity which controls is controlled by or is under common control with You For purposes of this definition control means a the pow
3. 1 2 Contributor Version means the combination of the Original Code prior Modifications used by a Contributor and the Modifications made by that particular Contributor Mayfair EULA for Agilis XFS for Opteva 2 April 2014 Page 10 of 47 1 3 Covered Code means the Original Code or Modifications or the combination of the Original Code and Modifications in each case including portions thereof 1 4 Electronic Distribution Mechanism means a mechanism generally accepted in the software development community for the electronic transfer of data 1 5 Executable means Covered Code in any form other than Source Code 1 6 Initial Developer means the individual or entity identified as the Initial Developer in the Source Code notice required by Exhibit A 1 7 Larger Work means a work which combines Covered Code or portions thereof with code not governed by the terms of this License 1 8 License means this document 1 8 1 Licensable means having the right to grant to the maximum extent possible whether at the time of the initial grant or subsequently acquired any and all of the rights conveyed herein 1 9 Modifications means any addition to or deletion from the substance or structure of either the Original Code or any previous Modifications When Covered Code is released as a series of files a Modification is A Any addition to or deletion from the contents of a file containing Original Code or previous Modifications
4. 11 LIMITATIONS ON LIABILITY To the maximum extent permitted by applicable law in no event shall DEVEXPRESS or its suppliers or distributors 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 even if DEVEXPRESS or its suppliers or distributors has been advised of the possibility of such damages You agree that regardless of the cause of failure or fault or the form of any claim YOUR SOLE REMEDY AND DEVEXPRESS S SOLE OBLIGATION SHALL BE GOVERNED BY THIS AGREEMENT AND IN NO EVENT SHALL DEVEXPRESS S LIABILITY EXCEED THE REPAIR OR REPLACEMENT OF THE SOFTWARE This Limited Warranty is void if failure of the software has resulted from accident abuse alteration unauthorized use or misapplication of the software 12 TERMINATION Without prejudice to any other rights or remedies DEVEXPRESS will terminate this EULA upon your failure to comply with all the terms and conditions of this EULA In such events you must destroy all copies of the software and all of its component parts including any related documentation 13 MISCELLANEOUS This EULA shall be construed interpreted and governed by the laws of the State of Nevada U S A This EULA gives you specific legal rights you may have others that vary from
5. Creative Commons may be contacted at http creativecommons org End of vbaccelerator License 20101213 FTDI VCP Drivers License FTD2xx H FTD2xx LIB This software is provided by Future Technology Devices International Limited as is and any express or implied warranties including but not limited to the implied warranties of merchantability and fitness for a particular purpose are disclaimed In no event shall future technology devices international limited be liable for any direct Mayfair EULA for Agilis XFS for Opteva 2 April 2014 Page 36 of 47 indirect incidental special exemplary or consequential damages including but not limited to procurement of substitute goods or services loss of use data or profits or business interruption however caused and on any theory of liability whether in contract strict liability or tort including negligence or otherwise arising in any way out of the use of this software even if advised of the possibility of such damage FTDI drivers may be used only in conjunction with products based on FTDI parts FTDI drivers may be distributed in any form as long as license information is not modified lf a custom vendor ID and or product ID or description string are used it is the responsibility of the product manufacturer to maintain any changes and subsequent WHQL re certification as a result of making these changes End of FTDI VCP Drivers License 20101307 RSA MD5 License
6. All rights reserved Copyright C 2007 Roumen Petrov Copyright c 2005 2006 Cryptocom LTD http www cryptocom ru FastMM4 2004 2005 2006 Pierre le Riche Professional Software Development Copyright 2004 by Andy Brummer Everything else Copyright CodeProject 1999 2010 Mayfair EULA for Agilis XFS for Opteva 2 April 2014 Page 4 of 47 Apache License 1 1 The Apache Software License Version 1 1 Copyright c 2000 The Apache Software Foundation All rights reserved Redistribution and use in source and binary forms with or without modification are permitted provided that the following conditions are met 1 Redistributions of source code must retain the above copyright notice this list of conditions and the following disclaimer 2 Redistributions in binary form must reproduce the above copyright notice this list of conditions and the following disclaimer in the documentation and or other materials provided with the distribution 3 The end user documentation included with the redistribution if any mustinclude the following acknowledgment This product includes software developed by the Apache Software Foundation http Awww apache org Alternately this acknowledgment may appear in the software itself if and wherever such third party acknowledgments normally appear 4 The names Apache and Apache Software Foundation must not be used to endorse or promote products derived from this software without pr
7. INFORMATION DOCUMENTS AND OR RELATED GRAPHICS YOU ACKNOWLEDGE AND AGREE THAT THE SOFTWARE INFORMATION DOCUMENTS AND RELATED GRAPHICS COULD INCLUDE TECHNICAL INACCURACIES FLAWS OR TYPOGRAPHICAL ERRORS MICROSOFT AND OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND OR CHANGES IN THE PRODUCT S AND OR THE PROGRAM S DESCRIBED HEREIN AT ANY TIME IN NO EVENT SHALL MICROSOFT AND OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL DIRECT INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROMLOSS OF USE DATA OR PROFITS WHETHER IN AN ACTION OF CONTRACT NEGLIGENCE OR OTHER TORTIOUS ACTION ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE INFORMATION DOCUMENTS AND OR RELATED GRAPHICS Mayfair EULA for Agilis XFS for Opteva 2 April 2014 Page 30 of 47 NO UNLAWFUL OR PROHIBITED USE You will not use the software for any purpose that is unlawful or prohibited by these terms conditions and notices COPYRIGHT NOTICE Copyright 2005 Microsoft Corporation One Microsoft Way Redmond Washington 98052 6399 U S A All rights reserved Any rights not expressly granted herein are reserved End of GotDotNet Terms of Use 20101013 zlib License Copyright C 1995 2005 Jean loup Gailly and Mark Adler 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 Permis
8. Schaumburg IL 60173 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 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 EXP
9. modify or electronically transfer the Software or to translate the Software into another computer language You may make one copy of the Software in machine readable form for backup purposes only and one copy of the Driver for each Customer You agree to maintain appropriate records of the number location of the original media and all copies of the Software made or distributed by you and to provide EPSON with any of such records upon request You agree to include on any copy of the Software the copyright notice and any other proprietary legend set forth on the label of the media embodying the Software You also agree not to remove any existing copyright notice from any of the Software 4 Restrictions on Transfer You may not sublicense assign share rent lease or otherwise transfer your right to use the Software nor any other rights granted to you under this Agreement except as stated in this Agreement 5 Support Service During the term of this Agreement you may be supplied with support service for the Software under the terms and conditions designated by EPSON from time to time Such terms and conditions may be provided by your local service representative designated by EPSON This support service is available only if you use and execute the Software in the manner specified by this Agreement provided however that EPSON shall not be responsible for supplying Service on any problems or questions resulted or arisen from i any alter
10. such as notifying appropriate mailing lists or Mayfair EULA for Agilis XFS for Opteva 2 April 2014 Page 12 of 47 newsgroups reasonably calculated to inform those who received the Covered Code that new knowledge has been obtained b Contributor APIs lf Contributor s Modifications include an application programming interface and Contributor has knowledge of patent licenses which are reasonably necessary to implement that API Contributor must also include this information in the LEGAL file c Representations Contributor represents that except as disclosed pursuant to Section 3 4 a above Contributor believes that Contributor s Modifications are Contributor s original creation s and or Contributor has sufficient rights to grant the rights conveyed by this License 3 5 Required Notices You must duplicate the notice in Exhibit A in each file of the Source Code If it is not possible to put such notice in a particular Source Code file due to its structure then You must include such notice in a location suchas a relevant directory where a user would be likely to look for sucha notice If You created one or more Modification s You may add your name as a Contributor to the notice described in Exhibit A You must also duplicate this License in any documentation for the Source Code where You describe recipients rights or ownership rights relating to Covered Code You may choose to offer and to charge a fee for warranty support i
11. the license granted here is perpetual for the duration of the applicable copyright in the Work Notwithstanding the above Licensor reserves the right to release the Work under different license terms or to stop distributing the Work at any time provided however that any such election will not serve to withdraw this License or any other license that has been or is required to be granted under the terms of this License and this License will continue in full force and effect unless terminated as stated above 8 Miscellaneous 1 Each time You distribute or publicly digitally perform the Work or a Collective Work the Licensor offers to the recipient a license to the Work on the same terms and conditions as the license granted to You under this License 2 Each time You distribute or publicly digitally perform a Derivative Work Licensor offers to the recipient a license to the original Work on the same terms and conditions as the license granted to You under this License 3 If any provision of this License is invalid or unenforceable under applicable law it shall not affect the validity or enforceability of the remainder of the terms of this License and without further action by the parties to this agreement such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable 4 No term or provision of this License shall be deemed waived and no breach consented to unless such waiver or consent shall
12. ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU 10 U S GOVERNMENT END USERS The Covered Code is a commercial item as that term is defined in 48 C F R 2 101 Oct 1995 consisting of commercial computer software and commercial computer software documentation as such terms are used in 48 C F R 12 212 Sept 1995 Consistent with 48 C F R 12 212 and 48 C F R 227 7202 1 through 227 7202 4 June 1995 all U S Government End Users acquire Covered Code with only those rights set forth herein 11 MISCELLANEOUS This License represents the complete agreement concerning subject matter hereof If any provision of this License is held to be unenforceable such provision shall be reformed only to the extent necessary to make it enforceable This License shall be governed by California law provisions except to the extent applicable law if any provides otherwise excluding its conflict of law provisions With respect to disputes in which at least one party is a citizen of or an entity chartered or registered to do business in the United States of America any litigation relating to this License shall be subject to the jurisdiction of the Federal Courts of the Northern District of California with venue lying in Santa Clara County California with the losing party responsible for costs including without limitation court costs and reasonable attorneys fees and
13. AND NON COMMERCIAL ACTIVITY AND OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE SUCH VIDEO NONE OF THE LICENSES EXTEND TO ANY OTHER PRODUCT REGARDLESS OF WHETHER SUCH PRODUCT IS INCLUDED WITH THIS SOFTWARE IN A SINGLE ARTICLE NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA L L C SEE HTTP WWW MPEGLA COM End of Microsoft Visual Studio Distributed Code License PE eouccrreeeeeeeeeeeee 20031027 Begin EULA for Epson Two Color Graphical Receipt Printer SOFTWARE LICENSE AGREEMENT Mayfair EULA for Agilis XFS for Opteva 2 April 2014 Page 22 of 47 IMPORTANT PLEASE READ CAREFULLY The EPSON software you are about to download will be licensed to you the licensee on the condition that you agree with SEIKO EPSON CORPORATION EPSON to the terms and conditions set forth in this legal agreement PLEASE READ THIS AGREEMENT CAREFULLY YOU WILL BE BOUND BY THE TERMS OF THIS AGREEMENT IF YOU INSTALL DOWNLOAD COPY OR OTHERWISE USE THE SOFTWARE If you do not agree to the terns contained in this agreement please do not install or download the software Please record the date of download in order to activate the limited ninety 90 day wan anty see below If you agree to these terms and conditions EPSON grants to you a nonexclusive license to use the following software the Software Software EPSON Advanced Windows Driver for BA Series Contents Version 1 00E
14. Contributor shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work 2 Grant of Copyright License Subject to the terms and conditions of this License each Contributor hereby grants to You a perpetual worldwide non exclusive no charge royalty free irrevocable copyright license to reproduce prepare Derivative Works of publicly display publicly perform sublicense and distribute the Work and such Derivative Works in Source or Object form 3 Grant of Patent License Subject to the terms and conditions of this License each Contributor hereby grants to You a perpetual worldwide non exclusive no charge royalty free irrevocable except as stated in this section patent license to make have made use offer to sell sell import and otherwise transfer the Work where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution s alone or by combination of their Contribution s with the Work to which such Contribution s was submitted If You institute patent litigation against any entity including a cross claim or counterclaim in a lawsuit alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement then any patent licenses granted to You under this License for that Work shall terminate as of the date
15. EULA will continue in full force and effect Formatives of defined terms shall have the same meaning of the defined term Failure by either party to enforce any provision of this EULA will not be deemed a waiver of future enforcement of that or any other provision Except as otherwise required or superseded by law this EULA is governed by the laws of the Commonwealth of Pennsylvania without regard to its conflict of laws principles The parties consent to the personal jurisdiction and venue of the Commonwealth of Pennsylvania in the County of Allegheny and agree that any legal proceedings arising out of this EULA shall be conducted solely in such Commonwealth If the SOFTWARE was acquired outside the United States then local law may apply 20101210 vbaccelerator License Copyright 2004 Steve McMahon Attribution 2 0 CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL SERVICES DISTRIBUTION OF THIS LICENSE DOES NOT CREATE AN ATTORNEY CLIENT RELATIONSHIP CREATIVE COMMONS PROVIDES THIS INFORMATION ON AN AS IS BASIS CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE INFORMATION PROVIDED AND DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM IMTS USE License THE WORK AS DEFINED BELOW IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS PUBLIC LICENSE CCPL OR LICENSE THE WORK IS PROTECTED BY COPYRIGHT AND OR OTHER APPLICABLE LAW ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW I
16. JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OREXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES ACCORDINGLY SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU 4 Miscellaneous a This Agreement constitutes the entire understanding between the parties respecting use of the Software and supersedes all prior or contemporaneous understandings regarding such subject matter No amendment to or modification of this Agreement will be binding unless made by an authorized Wave representative acting in his or her official capacity No waiver by Wave of any breach of this Agreement by you shall operate as a waiver of any other breach Mayfair EULA for Agilis XFS for Opteva 2 April 2014 Page 43 of 47 b The terms of this Agreement shall be construed and governed exclusively by the laws of the Commonwealth of Massachusetts excluding the application of its conflict of law provisions and rules The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded c If the Software is supplied to or purchased by or on behalf of the United States Government then the Software is deemed to be a Commercial Item as that term is defined in 48 C F R 2 101 consisting of Commercial Computer Software and Commercial Computer Software Documentation as such terms are used in 48 C F R 12 212 or 48 C F R 227 7202 as applicable Consistent with 48 C F R 12 212 or 48 C F R 227 7202 1 through 2
17. LIMITED TO A 30 DAY WARRANTY PERIOD FROM THE DATE OF PURCHASE MOREOVER IN NO EVENT WILL WARRANTIES PROVIDED BY LAW IF ANY APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT NO DEALER AGENT OREMPLOYEE OF MKS IS AUTHORIZED TO MAKE ANY MODIFICATIONS EXTENSIONS ORADDITIONS TO THIS LIMITED WARRANTY SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION 8 2 Security Ultrahazardous Activities The Software is not designed manufactured or intended for use as a security device You are responsible for determining all security requirements necessary and appropriate for your network and computer systems In addition the Software is not designed manufactured or intended for use in any environment in which the failure of the Software could lead to death personal injury or severe physical or environmental damage such as in the design or operation of nuclear facilities aircraft navigation or communication systems air traffic control direct life support machines or weapons systems or in the on line control of equipment in any hazardous environment requiring fail safe performance Ultrahazardous Activities MKS its licensors and suppliers specifically disclaim any express or implied warranty of fitness for Ultrahazardous
18. OF OR FAILURE TO PROVIDE SUPPORT SERVICES EVEN IF MICROSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ANY CASE MICROSOFT S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR US 5 00 BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY THE ABOVE LIMITATION MAY NOT APPLY TO YOU MISCELLANEOUS This EULA is governed by the laws of the State of Washington USA except and only to the extent that applicable law mandates governing law of a different jurisdiction End of Microsoft Debugging Applications Book License Agreement 020140221 Wave TCG License Agreement Copyright 1997 2010 Wave Systems Corp All rights reserved You should carefully read the following terms and conditions of this agreement the Agreement before installing and or using the Wave Systems Corp Wave Software Your use of the Software is subject to your agreement to all of the terms and conditions of this Agreement which is between you and Wave By using the Software you consent to and agree to be bound by all of the terms and conditions of this Agreement If you disagree with any of the terms or conditions of this Agreement do not use the Software and return any media on which the Software was provided to the entity from which you obtained it For purposes of this license you means you individually as well as an
19. OF THE SOFTWARE BE LIABLE FOR SPECIAL DIRECT INDIRECT OR CONSEQUENTIAL DAMAGES INCLUDING LOSS OF PROFITS OR INABILITY TO USE THE SOFTWARE EVEN IF EPSON OR SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES 9 General If for any reason a court of competent jurisdiction finds any provision of this License or portion thereof to be unenforceable that provision of the License shall be enforced to the maximum extent permissible so as to effect the intent of the parties and the remainder of this License shall continue in full force and effect Any notices or other communications to be EPSON must be mailed by certified mail to the following address SEIKO EPSON CORPORATION 3 5 Owa 3 Chome Suwa Shi Nagano Ken 392 JAPAN This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and all prior agreements representations statements and undertakings are hereby expressly canceled No amendment to or modification of this License will be binding unless in writing and signed by a duly authorized representative of EPSON APPENDIX Designated Hardware EPSON BA T500 Series End EULA for Epson Two Color Graphical Receipt Printer 20031027 Begin ImageMan EULA ImageMan R LICENSE AGREEMENT IMPORTANT NOTICE 1 This is a legal agreement between Data Techniques and you the licensee BY OPENING THIS SEALED DISK PACKAGE YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT I
20. ON REVERSE ENGINEERING DECOMPILATION AND DISASSEMBLY You may not reverse engineer decompile create derivative works translate or disassemble the software and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation You agree to take all reasonable legal and appropriate measures to prohibit the illegal dissemination of the software to the fullest extent 2 SEPARATION OF COMPONENTS The software is licensed as a single product The software and its constituent parts may not be separated for use on more than one computer nor placed for distribution sale or resale as individual creations All DEVEXPRESS software remains DEVEXPRESS s exclusive property You may not distribute any files 3 RENTAL You may not rent lease or lend the software 4 TRANSFER You may NOT permanently or temporarily transfer ANY of your rights under this EULA to any individual or entity 5 COPYRIGHT All title and copyrights in and to the software including but not limited to any copywritten images intermediate files packages photographs redistributables animations video audio music text and applets incorporated into the software and any copies of the software are owned by DEVEXPRESS or its subsidiaries The software is Mayfair EULA for Agilis XFS for Opteva 2 April 2014 Page 28 of 47 protected by copyright laws and international treaty provisions and therefore you must treat the soft
21. 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 www microsoft com exporting 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 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 WARRANT
22. WARRANTY OF TITLE OR NON INFRINGEMENT OR THAT THE WORK OR ANY PORTION THEREOF IS CORRECT USEFUL BUG FREE OR FREE OF VIRUSES YOU MUST PASS THIS DISCLAIMER ON WHENEVER YOU DISTRIBUTE THE WORK OR DERIVATIVE WORKS Indemnity You agree to defend indemnify and hold harmless the Author and the Publisher from and against any claims suits losses damages liabilities costs and expenses including reasonable legal or attorneys fees resulting from or relating to any use of the Work by You Limitation on Liability EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW IN NO EVENT WILL THE AUTHOR OR THE PUBLISHER BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL INCIDENTAL CONSEQUENTIAL PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK OR OTHERWISE EVEN IF THE AUTHOR OR THE PUBLISHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES Termination This License and the rights granted hereunder will terminate automatically upon any breach by You of any term of this License Individuals or entities who have received Derivative Works from You under this License however will not have their licenses terminated provided such individuals or entities remain in full compliance with those licenses Sections 1 2 6 7 8 9 10 and 11 will survive any termination of this License If You bring a copyright trademark patent or any other infringement claim against any contributor over infringements You claim are made by the
23. Your own behalf and on Your sole responsibility not on behalf of any other Contributor and only if You agree to indemnify defend and hold each Contributor harmless for any liability incurred by or claims asserted against such Contributor by reason of your accepting any such warranty or additional liability END OF TERMS AND CONDITIONS APPENDIX How to apply the Apache License to your work To apply the Apache License to your work attach the following boilerplate notice with the fields enclosed by brackets replaced with your own identifying information Don t include the brackets The text should be enclosed in the appropriate comment syntax for the file format We also recommend that a file or class name and description of purpose be included on the same printed page as the copyright notice for easier identification within third party archives Copyright yyyy name of copyright owner Licensed under the Apache License Version 2 0 the License you may not use this file except in compliance with the License You may obtain a copy of the License at http www apache org licenses LICENSE 2 0 Unless required by applicable law or agreed to in writing software distributed under the License is distributed on an AS IS BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND either express or implied See the Mayfair EULA for Agilis XFS for Opteva 2 April 2014 Page 7 of 47 License for the specific language governing permissions an
24. considered part of this Work and will not be subject to the terms of this License Patent License Subject to the terms and conditions of this License each Author hereby grants to You a perpetual worldwide non exclusive no charge royalty free irrevocable except as stated in this section patent license to make have made use import and otherwise transfer the Work Restrictions The license granted in Section 3 above is expressly made subject to and limited by the following restrictions You agree not to remove any of the original copyright patent trademark and attribution notices and associated disclaimers that may appear in the Source Code or Executable Files You agree not to advertise or in any way imply that this Work is a product of Your own The name of the Author may not be used to endorse or promote products derived from the Work without the prior written consent of the Author You agree not to sell lease or rent any part of the Work This does not restrict you from including the Work or any Mayfair EULA for Agilis XFS for Opteva 2 April 2014 Page 17 of 47 part of the Work inside a larger software distribution that itself is being sold The Work by itself though cannot be sold leased or rented You may distribute the Executable Files and Source Code only under the terms of this License and You must include a copy of or the Uniform Resource Identifier for this License with every copy of the Executable Files or
25. expenses The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this License 12 RESPONSIBILITY FOR CLAIMS As between Initial Developer and the Contributors each party is responsible for claims and damages arising directly or indirectly out of its utilization of rights under this License and You agree to work with Initial Developer and Contributors to distribute such responsibility on an equitable basis Nothing herein is intended or shall be deemed to constitute any admission of liability 13 MULTIPLE LICENSED CODE Initial Developer may designate portions of the Covered Code as Multiple Licensed Multiple Licensed means that the Initial Developer permits you to utilize portions of the Covered Code under Your choice of the NPL or the alternative licenses if any specified by the Initial Developer in the file described in Exhibit A EXHIBIT A Mozilla Public License The contents of this file are subject to the Mozilla Public License Version 1 1 the License you may not use this file except in compliance with the License You may obtain a copy of the License at http www mozilla org MPL Software distributed under the License is distributed on an AS IS basis WITHOUT WARRANTY OF ANY KIND either express or implied See the License
26. for the specific language governing rights and limitations under the License Mayfair EULA for Agilis XFS for Opteva 2 April 2014 Page 15 of 47 The Original Code is The Initial Developer of the Original Code is Portions created by are Copyright C All Rights Reserved Contributor s Alternatively the contents of this file may be used under the terms of the license the __ License in which case the provisions of License are applicable instead of those above If you wish to allow use of your version of this file only under the terms of the License and not to allow others to use your version of this file under the MPL indicate your decision by deleting the provisions above and replace them with the notice and other provisions required by the ___ License If you do not delete the provisions above a recipient may use your version of this file under either the MPL or the ___ License NOTE The text of this Exhibit A may differ slightly from the text of the notices in the Source Code files of the Original Code You should use the text of this Exhibit A rather than the text found in the Original Code Source Code for Your Modifications The Code Project Open License CPOL 1 02 Preamble This License governs Your use of the Work This License is intended to allow developers to use the Source Code and Executable Files provided as part of the Work in any application in any form The main points subject to
27. non exclusive worldwide royalty free patent license under Licensed Patents to use the Contribution of such Contributor if any in object code form This patent license shall apply to the combination of the Contribution and the Program if at the time the Contribution is added by the Contributor such addition of the Contribution causes such combination to be covered by the Licensed Patents The patent license shall not apply to any other combinations which include the Contribution No hardware per se is licensed hereunder c Recipient understands that although each Contributor grants the licenses to its Contributions set forth herein no assurances are provided by any Contributor that the Program does not infringe the patent or other intellectual property rights of any other entity Each Contributor disclaims any liability to Recipient for claims brought by any other entity based on infringement of intellectual property rights or otherwise As a condition to exercising the rights and licenses granted hereunder each Recipient hereby assumes sole responsibility to secure any other intellectual property rights needed if any d Each Contributor represents that to its knowledge it has sufficient copyright rights in its Contribution if any to grant the copyright license set forth in this Agreement 3 SOURCE CODE Any request for source code for the Program should be sent to www mayfairsoftware com Source code may be provided under other terms and co
28. of any applicable executed Product License Agreement This Agreement may not be amended except by written amendment signed by the authorized representatives of each of MKS and you A waiver by either party of its rights hereunder shall not be binding unless contained in a written agreement signed by an authorized representative of the party waiving its rights The non enforcement or waiver of any provision on one occasion shall not constitute a waiver of such provision on any other occasion unless expressly so agreed in writing The parties have requested that this Agreement and all documents contemplated hereby be drawn up in English Les parties aux pr sentes ont exig que cette entente et tous autres documents envisag s par les pr sentes soient r dig s en anglais You waive any right you may have under the laws of the country where the Software is licensed to have this Agreement written in any other language You agree to pay and to reimburse MKS on request if MKS is required to pay any sales use value added VAT withholding consumption or other tax excluding any tax on MKS s net income or other fee or charge of any kind or nature that is levied or imposed by any governmental authority on your use or license of the Software End of Lex Yacc License Agreement 20110114 DI Management License Agreement vrsalib c bignum h bigdigits c This code contains BIGDIGITS multiple precision arithmetic code originally written by David Ire
29. or more computer central processing units CPU s that operates for the purpose of serving other computers logically or physically connected to it including but not limited to other computers connected to it on an internal network intranet or the Internet Web Server means a type of Network Server that serves other computers which are specifically connected to it through either an intranet or the Internet Redistributable Files means the SOFTWARE files or other portions of the SOFTWARE that are provided by C1 and are identified as such in the Documentation for distribution by you with the Developed Software 2 Your License You are hereby granted a limited royalty free non exclusive right to use the SOFTWARE on the express condition that and only for so long as you fully comply with all terms and conditions of this EULA The SOFTWARE is licensed to you for use on a single computer or CPU In all cases you may not use C1 s name logo or trademarks without the express written consent of C1 3 Updates Upgrades Studio Subscription Subject to the terms and conditions of this EULA the Licenses are perpetual Updates and upgrades to the SOFTWARE may be provided by C1 from time to time and if so provided by C1 are provided upon the terms and conditions offered at that time by C1 in its sole discretion C1 may provide updates and upgrades to the SOFTWARE for free or for any charge at any time or never and through its chosen manner of ac
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31. state to state and from country to country Mayfair EULA for Agilis XFS for Opteva 2 April 2014 Page 29 of 47 If any provision of this EULA is found void or unenforceable the remainder will remain valid and enforceable according to its terms If any remedy provided is determined to have failed for its essential purpose all limitations of liability and exclusions of damages set forth in the Limited Warranty shall remain in effect DEVEXPRESS reserves all rights not specifically granted in this EULA End of Developer Express License 20100825 GotDotNet Information on Terms of Use ACCEPTANCE OF TERMS The software that Microsoft provides to you is subject to the following Terms of Use TERMS OF USE The software is the copyrighted work of Microsoft its suppliers and or other registered users of the software Use of the software is governed by these terms of use WITHOUT LIMITING THE FOREGOING COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER COMPUTER SERVER ORLOCATION OR ANY FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED MICROSOFT CORPORATION HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY WHETHER EXPRESS IMPLIED OR STATUTORY FITNESS FORA PARTICULAR PURPOSE TITLE AND NON INFRINGE MENT RESTRICTED RIGHTS LEGEND If this software is licensed for use by or on behalf of the United States of America its agencies and or i
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33. the terms of the License are Source Code and Executable Files can be used in commercial applications Source Code and Executable Files can be redistributed and Source Code can be modified to create derivative works No claim of suitability guarantee or any warranty whatsoever is provided The software is provided as is The Article s accompanying the Work may not be distributed or republished without the Author s consent This License is entered between You the individual or other entity reading or otherwise making use of the Work licensed pursuant to this License and the individual or other entity which offers the Work under the terms of this License Author License THE WORK AS DEFINED BELOW IS PROVIDED UNDER THE TERMS OF THIS CODE PROJECT OPEN LICENSE LICENSE THE WORK IS PROTECTED BY COPYRIGHT AND OR OTHER APPLICABLE LAW ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HEREIN YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE THE AUTHOR GRANTS YOU THE RIGHTS CONTAINED HEREIN IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS IF YOU DO NOT AGREE TO ACCEPT AND BE BOUND BY THE TERMS OF THIS LICENSE YOU CANNOT MAKE ANY USE OF THE WORK Definitions Articles means collectively all articles written by Author which describes how the Source Code and Executable Files for the Work may be used by a user
34. 014 Page 18 of 47 lf any provision of this License is invalid or unenforceable under applicable law it shall not affect the validity or enforceability of the remainder of the terms of this License and without further action by the parties to this License such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable No term or provision of this License shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party to be charged with such waiver or consent This License constitutes the entire agreement between the parties with respect to the Work licensed herein There are no understandings agreements or representations with respect to the Work not specified herein The Author shall not be bound by any additional provisions that may appear in any communication from You This License may not be modified without the mutual written agreement of the Author and You 20140220 MAYFAIR SOFTWARE COMMON LICENSE You are hereby granted a nonexclusive nontransferable license to use one copy of the furnished Software as integrated with the provided product s 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 you
35. 02 4 for Department of Defense DOD acquisitions and with 48 CFR 2 101 and 12 212 for non DOD acquisitions 9 Governing Law Any action related to this Agreement will be governed by California law and controlling U S federal law No choice of law rules of any jurisdiction will apply 10 Severability If any provision of this Agreement is held to be unenforceable this Agreement will remain in effect with the provision omitted unless omission would frustrate the intent of the parties in which case this Agreement will immediately terminate 11 Integration This Agreement is the entire agreement between you and Sun relating to its subject matter It supersedes all prior or contemporaneous oral or written communications proposals representations and warranties and prevails over any conflicting or additional terms of any quote order acknowledgment or other communication between the parties relating to its subject matter during the term of this Agreement No modification of this Agreement will be binding unless in writing and signed by an authorized representative of each party JAVA OPTIONAL PACKAGE JAVAX COMM 3 0 SUPPLEMENTAL LICENSE TERMS These supplemental license terms Supplemental Terms add to or modify the terms of the Binary Code License Agreement collectively the Agreement Capitalized terms not defined in these Supplemental Terms shall have the same meanings ascribed to them in the Agreement These Supplemental Terms
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37. ADVISED OF THE POSSIBILITY OF SUCH DAMAGES In no event will Sun s liability to you whether in contract tort including negligence or otherwise exceed the amount paid by you for Software under this Agreement The foregoing limitations will apply even if the above stated warranty fails of its essential purpose 6 Termination This Agreement is effective until terminated You may terminate this Agreement at any time by Mayfair EULA for Agilis XFS for Opteva 2 April 2014 Page 44 of 47 destroying all copies of Software This Agreement will terminate immediately without notice from Sun if you fail to comply with any provision of this Agreement Upon Termination you must destroy all copies of Software 7 Export Regulations All Software and technical data delivered under this Agreement are subject to US export control laws and may be subject to export or import regulations in other countries You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain such licenses to export re export or import as may be required after delivery to you 8 U S Government Restricted Rights If Software is being acquired by or on behalf of the U S Government or by a U S Government prime contractor or subcontractor at any tier then the Government s rights in Software and accompanying documentation will be only as set forth in this Agreement this is in accordance with 48 CFR 227 7201 through 227 72
38. ATION OR COMMUNICATION SYSTEMS AIR TRAFFIC CONTROL DIRECT LIFE SUPPORT MACHINES OR WEAPON SYSTEMS IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH PERSONAL INJURY OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF WARRANTIES IN SOME CIRCUMSTANCES ACCORDINGLY SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU 3 Limitation on Liability YOU EXPRESSLY UNDERSTAND AND AGREE THAT WAVE AND ITS SUPPLIERS TO THE MAXIMUM EXTENT PERMITTED BY LAW SHALL NOT BE LIABLE FOR ANY DIRECT INDIRECT INCIDENTAL SPECIAL CONSEQUENTIAL PUNITIVE OR EXEMPLARY DAMAGES INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS GOODWILL USE DATA OR OTHER INTANGIBLE LOSSES EVEN IF WAVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES OR ANY REMEDY AVAILABLE TO YOU FAILS OF ITS ESSENTIAL PURPOSE RESULTING FROM a THE USE OR THE INABILITY TO USE THE SOFTWARE OR ANY PART THEREOF b TRANSACTIONS ENTERED INTO USING THE SOFTWARE OR ANY PART THEREOF c UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA OR d ANY OTHER MATTER RELATING TO THE SOFTWARE OR YOUR USE THEREOF IN NO EVENT WILL THE AGGREGATE AMOUNT OF WAVE S OR ITS SUPPLIERS DAMAGES TO YOU EXCEED COLLECTIVELY 100 OR THE AMOUNT OF ANY PAYMENTS MADE DIRECTLY BY YOU FOR THE SOFTWARE IF ANY WITHIN ONE 1 YEAR PRIOR TO THE DATE ANY SUCH LIABILITY IS INCURRED WHICHEVER IS GREATER SOME
39. Activities You represent and warrant to MKS that you will not use or resell the Software for such purposes 9 LIMITATION OF LIABILITY MKS S ITS LICENSORS AND SUPPLIERS TOTAL LIABILITY ARISING OUT OF THIS AGREEMENT THE TERMINATION THEREOF AND OR LICENSE OF THE SOFTWARE AND DOCUMENTATION THEREUNDER SHALL BE LIMITED TO THE AMOUNT HAVING THEN ACTUALLY BEEN PAID BY YOU TO MKS UNDER THIS AGREEMENT IN NO EVENT SHALL MKS ITS LICENSORS OR SUPPLIERS BE LIABLE FOR ANY LOSS OF DATA LOSS OF INCOME LOSS OF OPPORTUNITY OR PROFITS COST OF RECOVERY OR COSTS OF SUBSTITUTE PRODUCTS IN NO EVENT SHALL MKS OR ITS LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR ANY OTHER ENTITY FOR ANY INDIRECT SPECIAL CONSEQUENTIAL INCIDENTAL MULTIPLE PUNITIVE OR SIMILAR DAMAGES HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY AND WHETHER OR NOT FOR BREACH OF CONTRACT NEGLIGENCE OR OTHERWISE AND WHETHER OR NOT MKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN MKS S LIMITATION OF LIABILITY IS CUMULATIVE WITH ALL MKS S EXPENDITURES BEING AGGREGATED TO DETERMINE SATISFACTION OF THE LIMIT THE EXISTENCE OF CLAIMS OR SUITS AGAINST MORE THAN ONE MKS PRODUCT LICENSED UNDER THIS AGREEMENT WILL NOT ENLARGE OR EXTEND THE LIMIT SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OREXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMI
40. Copyright C 1991 2 RSA Data Security Inc Created 1991 All rights reserved License to use this software is granted provided that it is identified as the RSA Data Security Inc MD5 Message Digest Algorithm in all material mentioning or referencing this software or this function RSA Data Security Inc makes no representations concerning either the merchantability of this software or the suitability of this software for any particular purpose It is provided as is without express or implied warranty of any kind End of RSA MD5 License 20110106 Lex Yacc License Agreement Copyright 1988 1992 by Mortice Kern Systems Inc All rights reserved This Program License Agreement the Agreement is a legally binding agreement between you the end user and MKS Software Inc as licensor hereinafter referred to as MKS Carefully read the following terms and conditions before installing or using this MKS software program the Software By installing copying or otherwise using the Software you represent i that you have been authorized to accept the terms and conditions of this Agreement on behalf of an organization in which event you and your shall refer to you and such organization as the case may be or ii that you intend to be personally bound by the terms and conditions of this Agreement If you are not so authorized or do not intend to be personally bound then MKS is unwilling to license the Sof
41. DE IS PROVIDED AS IS C1 s entire liability and your exclusive remedy under this EULA shall be at C1 s sole option either a return of the price paid for the SOFTWARE b repair the SOFTWARE through updates distributed online or otherwise in C1 s discretion or c replace the SOFTWARE with SOFTWARE that substantially performs as described in the SOFTWARE documentation provided that you return the SOFTWARE in the same manner as provided in Section 1 2 for return of the SOFTWARE for non acceptance of this EULA Any media for any repaired or replacement SOFTWARE will be warranted for the remainder of the original warranty period or thirty 30 days whichever is longer THESE REMEDIES ARE NOT AVAILABLE OUTSIDE OF THE UNITED STATES OF AMERICA TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN NO EVENT SHALL C1 BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING WITHOUT LIMITATION DAMAGES FORLOSS OF BUSINESS PROFIT BUSINESS INTERRUPTION LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF C1 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES BECAUSE SOME STATES JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IN CERTAIN CASES THE ABOVE LIMITATION MAY NOT APPLY TO YOU V MISCELLANEOUS 1 This is the Entire Agreement This EULA including any addendum to this EULA included with the SOFTWARE is the final complet
42. End of InstallShield Redistributable Files License 20100824 Single Process Instance Object Copyright Only Dedication based on United States law or Public Domain Certification Developed by Michael Potter 2002 Each person who has created or contributed to this software has either a certified that to the best of his knowledge the software is a work of authorship that is in the public domain or b has dedicated whatever copyright such person holds in the work of authorship to the public domain Otherwise the software is provided to you AS IS with all faults and without any warranty End Single Process Instance Object License 20100825 DEVELOPER EXPRESS INC Copyright C 2000 2010 Developer Express Inc END USER LICENSE AGREEMENT FOR ALL SOFTWARE COMPONENTS IMPORTANT READ CAREFULLY This DEVELOPER EXPRESS INC DEVEXPRESS End User License Agreement EULA is a legal agreement between you and DEVEXPRESS for all DEVEXPRESS products controls and online or electronic documentation DEVEXPRESS grants to you as an individual a personal nonexclusive license to install and use the software as provided By installing copying or otherwise using the software you agree to be bound by the terms of this EULA If you do not agree to any part of the terms of this EULA DO NOT INSTALL USE EVALUATE OR REPLICATE IN ANY MANNER ANY PART FILE OR PORTION OF THE SOFTWARE All software is licensed not sold 1 LIMITATIONS
43. F YOU DO NOT Mayfair EULA for Agilis XFS for Opteva 2 April 2014 Page 24 of 47 AGREE TO THE TERMS OF THIS AGREEMENT RETURN THE UNOPENED DISK PACKAGE TO THE PLACE WHERE YOU OBTAINED IT WITHIN 60 DAYS FROM THE DATE OF SHIPMENT FORA FULL REFUND 2 ONONE COMPUTER Data Techniques licenses this product for use on a single CPU only You must obtain a licensed copy or special license for each programmer or workstation on a network on which the product is used whether in source or object format 3 LICENSE TO REPRODUCE USE AND DISTRIBUTE You may distribute only the ImageMan files listed as Redistributable in the Online Help and Documentation with your end user applications A separate license agreement is required from the Unisys Corporation for the distribution of the patented LZW compression code You are responsible for obtaining the appropriate license for the distribution of these files from the Unisys Corporation You may not distribute any ImageMan files not listed as Redistributable You may only use the ImageMan software in end user software that does not provide the end user any development capability or ability to further redistribute the licensed code You also may not use the ImageMan code in a product which is competitive with the ImageMan product including but not limited to a developer toolkit or similar product 4 OWNERSHIP COPYRIGHT AND TRANSFER All copies of ImageMan are owned by Data Techniques Inc or its suppliers and ar
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45. IES GUARANTEES OR CONDITIONS WHERE ALLOWED BY YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY FITNESS FORA 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 e anything related to the software services content including code on third party Internet sites or third party programs and e 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 20140220 Microsoft Visual Studio Distributed Code License END USER LICENSE AGREEMENT MICROSOFT SOFTWARE Mayfair EULA for Agilis XFS for Opteva 2 April 2014 Page 20 of 47 This Microsoft End User License Agreement EULA is a legal agreement between you either an individual o
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47. M THE IMPLIED WARRANTIES OF MERCHANTABLLITY FITNESS FOR PARTICULAR PURPOSE TITLE AND NON INFRINGEMENT OF PROPRIETARY RIGHTS THE ENTIRE LIABILITY OF THE SOFTWARE OWNER AND OR ITS DISTRIBUTORS AND YOUR EXCLUSIVE REMEDY FOR ANY ALLEGED DEFECTS IN THE SOFTWARE IS LIMITED TO REPLACEMENT OF ANY DEFECTIVE MEDIA ON WHICH THE SOFTWARE IS ORIGINALLY SUPPLIED TO YOU NEITHER THE SOFTWARE OWNER NOR ANY OF ITS SUPPLIERS CONTRACTORS DISTRIBUTORS EMPLOYEES AFFILIATES OR AGENTS SHALL BE LIABLE FOR ANY DAMAGES YOU SUSTAIN INCLUDING WITHOUT LIMITATION LOSS OF FUNDS LOSS OF BUSINESS LOST PROFIT OR FOR ANY SPECIAL INCIDENTAL INDIRECT OR CONSEQUENTIAL DAMAGES WHETHER FORESEEABLE OR NOT WHICH ARE ALLEGED TO ARISE FROM YOUR USE OF THE SOFTWARE If any provisions of this Agreement are held by any court or other authority to be invalid illegal or otherwise unenforceable each and every other provision of this Agreement shall remain in full force and effect except that the Software Owner shall have the right at its option to terminate the rights granted to you herein by sending you written notice End of Giesecke amp Devrient EULA 20100817 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 tr
48. Mayfair EULA for Agilis XFS for Opteva 2 April 2014 Page 1 of 47 2 April 2014 Mayfair EULA for Agilis XFS for Opteva 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 www mayfairsoftware com 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 Mayfair EULA for Agil
49. ND EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE TITLE AND NON INFRINGEMENT IN NO EVENT SHALL THE AUTHOR OR ANYONE DISTRIBUTING THE SOFTWARE BE LIABLE FOR ANY DAMAGES OR OTHER LIABILITY WHETHER IN CONTRACT TORT OR OTHERWISE ARISING FROM OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE End Cross Browser Expand Collapse ToC Menu License 20110430 easyzlib License Copyright 1995 2005 Jean Loup Gailly and Mark Adler Copyright 2008 First Objective Software Inc All rights reserved 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 subject to the following restriction The origin of this software must not be misrepresented you must not claim that you wrote the original software End of easyzlib License 20110624 WIX 3 5 License Agreement THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON PUBLIC LICENSE AGREEMENT ANY USE OF THE PROGRAM CONSTITUTES RECIPIENT S ACCEPTANCE OF THIS AGREEMENT 1 DEFINITIONS Contribution means a in the case of the initial Contributor the initial code and documentation distributed under this Agreement and b in the case of each s
50. NLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING LICENSOR OFFERS THE WORK AS IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WORK EXPRESS IMPLIED STATUTORY OR OTHERWISE INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE NONINFRINGEMENT OR THE ABSENCE OF LATENT OR OTHER DEFECTS ACCURACY OR THE Mayfair EULA for Agilis XFS for Opteva 2 April 2014 Page 35 of 47 PRESENCE OF ABSENCE OF ERRORS WHETHER OR NOT DISCOVERABLE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO SUCH EXCLUSION MAY NOT APPLY TO YOU 6 Limitation on Liability EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL INCIDENTAL CONSEQUENTIAL PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES 7 Termination 1 This License and the rights granted hereunder will terminate automatically upon any breach by You of the terms of this License Individuals or entities who have received Derivative Works or Collective Works from You under this License however will not have their licenses terminated provided such individuals or entities remain in full compliance with those licenses Sections 1 2 5 6 7 and 8 will survive any termination of this License 2 Subject to the above terms and conditions
51. ODUCT like any other copyrighted material except that you may install the SOFTWARE PRODUCT on a single computer provided you keep the original solely for backup or archival purposes 4 U S GOVERNMENT RESTRICTED RIGHTS The SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS Use duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph c 1 ii of the Rights in Technical Data and Computer Software clause at DFARS 252 227 7013 or subparagraphs c 1 and 2 of the Commercial Computer Software Restricted Rights at 48 CFR 52 227 19 as applicable Manufacturer is Microsoft Corporation One Microsoft Way Redmond WA 98052 6399 5 EXPORT RESTRICTIONS You agree that you will not export or re export the SOFTWARE PRODUCT any part thereof or any process or service that is the direct product of the SOFTWARE PRODUCT the foregoing collectively referred to as the Restricted Components to any country person entity or end user subject to U S export restrictions You specifically agree not to export or re export any of the Restricted Components i to any country to which the U S has embargoed or restricted the export of goods or services which currently include but are not necessarily limited to Cuba Iran Iraq Libya North Korea Sudan and Syria or to any national of any such country wherever located who intends to transmit or transport the Restricted Components back to such coun
52. Printer Driver StatusA PI Others Installer Sample Program Manual 1 Ownership The Software is the sole and exclusive property of EPSON and or its software suppliers By downloading installing copying or otherwise using the Software you do not become the owner of the Software but are entitled solely to use the Software according to the terms and conditions of this Agreement 2 License The license granted to you by EPSON in this Agreement authorizes you i to use the Software only on any single computer which is compatible with any Win32Bit operation system only for the purpose of developing and executing an application software the Application Software which operates those hardware products listed in the appendix of this Agreement Designated Hardware and ii to distribute a copy of the Driver only to third parties who purchase the Application Software from you the Customers if Customers agree to the terms and conditions of this Agreement YOU MAY NOT USE COPY MODIFY OR DISTRIBUTE THE SOFTWARE IN WHOLE OR IN PART EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT 3 Restriction against copying or modifying the Software The Software is copyrighted by EPSON or third parties Except as expressly permitted in this Agreement you may not copy or otherwise reproduce the Software In no event does the limited copying or reproduction permitted under this Agreement include the right to decompile reverse engineer disassemble
53. QUES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES THE ABOVE LIMITATION MAY NOT APPLY TO YOU End ImageMan EULA 20060101 GIESECKE amp DEVRIENT GMBH SOFTWARE END USER LICENSE AGREEMENT This end user license agreement EULA grants to you you means you and the entity for whom you act as an employee or agent a nonexclusive nontransferable license to use one copy of certain software programs Software owned by Giesecice amp Devrient GmbH Software Owner on one processor No other rights are granted to you and all other rights in the Software are reserved by the Software Owner and or its suppliers or distributors The rights granted to you by this Agreement extend only for so long as you abide by all the terms of this Agreement By your use of the Software you consent to be bound by the terms of this EULA If you do not consent to the terms of this EULA contact Mayfair Software Distribution Inc at www mayfairsoftware com to arrange for a return of the Software and a refund of the value of the media Mayfair EULA for Agilis XFS for Opteva 2 April 2014 Page 25 of 47 You are granted a non exclusive fully paid up license to operate and use the Software in conjunction with the Software Owner s hardware products Products in conjunction with your ATM device The Software may not be loaned or leased to any th
54. RESS 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 FORANY 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 Mayfair EULA for Agilis XFS for Opteva 2 April 2014 Page 27 of 47 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 1999
55. S PROHIBITED BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS 1 Definitions 1 Collective Work means a work such as a periodical issue anthology or encyclopedia in which the Work in its entirety in unmodified form along with a number of other contributions constituting separate and independent works in themselves are assembled into a collective whole A work that constitutes a Collective Work will not be considered a Derivative Work as defined below for the purposes of this License 2 Derivative Work means a work based upon the Work or upon the Work and other pre existing works such as a translation musical arrangement dramatization fictionalization motion picture version sound recording art reproduction abridgment condensation or any other form in which the Work may be recast transformed or adapted except that a work that constitutes a Collective Work will not be considered a Derivative Work for the purpose of this License For the avoidance of doubt where the Work is a musical composition or sound recording the synchronization of the Work in timed relation with a moving image synching will be considered a Derivative Work for the purpose of this License 3 Licensor means the individual or entity that offers the Work under the terms of t
56. Source Code You distribute and ensure that anyone receiving such Executable Files and Source Code agrees that the terms of this License apply to such Executable Files and or Source Code You may not offer or impose any terms on the Work that alter or restrict the terms of this License or the recipients exercise of the rights granted hereunder You may not sublicense the Work You must keep intact all notices that refer to this License and to the disclaimer of warranties You may not distribute the Executable Files or Source Code with any technological measures that control access or use of the Work in a manner inconsistent with the terms of this License You agree not to use the Work for illegal immoral or improper purposes or on pages containing illegal immoral or improper material The Work is subject to applicable export laws You agree to comply with all such laws and regulations that may apply to the Work after Your receipt of the Work Representations Warranties and Disclaimer THIS WORK IS PROVIDED AS IS WHERE IS AND AS AVAILABLE WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OR GUARANTEES YOU THE USER ASSUME ALL RISK IN ITS USE INCLUDING COPYRIGHT INFRINGEMENT PATENT INFRINGEMENT SUITABILITY ETC AUTHOR EXPRESSLY DISCLAIMS ALL EXPRESS IMPLIED OR STATUTORY WARRANTIES OR CONDITIONS INCLUDING WITHOUT LIMITATION WARRANTIES OR CONDITIONS OF MERCHANTABILITY MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY
57. TATION OR EXCLUSION MAY NOT APPLY TO YOU 10 GENERAL This Agreement shall be governed by and construed in accordance with the substantive laws of the State of Delaware USA without giving effect to the principles of conflict or choice of law provisions of such jurisdiction Mayfair EULA for Agilis XFS for Opteva 2 April 2014 Page 39 of 47 The parties hereto specifically exclude the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act You consent to personal and exclusive jurisdiction and venue in any competent court in the Province of Ontario Canada in the City of Toronto You waive any local or international law convention or regulation that might provide an alternative law or venue This Agreement and the licenses to use the Software and Documentation granted herein may not be assigned sublicensed or transferred by you If any provision of this Agreement is declared by a court of competent jurisdiction to be excessively broad as to scope activity subject or otherwise so as to be invalid illegal or unenforceable at law such provision shall be constructed by limiting or reducing it so as to be enforceable to the maximum extent compatible with the applicable law as it shall then appear This Agreement is the entire agreement between MKS and you relating to the subject matter hereof and supersedes any other agreements or discussions oral or written with the exception
58. WAY OUT OF THE USE OF THIS SOFTWARE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE Microsoft Limited Public License MICROSOFT LIMITED PUBLIC LICENSE This license governs use of code marked as sample available on this Web Site without a License Agreement as provided under the Section above titled NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEBSITE If you use such code 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 A contributor is any person that distributes its contribution under this license Licensed patents are a contributors 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 Mayfair EULA for Agilis XFS for Opteva 2 April 2014 Page 8 of 47 B Patent Grant Subject to the terms of this license including the li
59. Work your License from such contributor to the Work ends automatically Subject to the above terms and conditions this License is perpetual for the duration of the applicable copyright in the Work Notwithstanding the above the Author reserves the right to release the Work under different license terms or to stop distributing the Work at any time provided however that any such election will not serve to withdraw this License or any other license that has been or is required to be granted under the terms of this License and this License will continue in full force and effect unless terminated as stated above Publisher The parties hereby confirm that the Publisher shall not under any circumstances be responsible for and shall not have any liability in respect of the subject matter of this License The Publisher makes no warranty whatsoever in connection with the Work and shall not be liable to You or any party on any legal theory for any damages whatsoever including without limitation any general special incidental or consequential damages arising in connection to this license The Publisher reserves the right to cease making the Work available to You at any time without notice Miscellaneous This License shall be governed by the laws of the location of the head office of the Author or if the Author is an individual the laws of location of the principal place of residence of the Author Mayfair EULA for Agilis XFS for Opteva 2 April 2
60. be in writing and signed by the party to be charged with such waiver or consent 5 This License constitutes the entire agreement between the parties with respect to the Work licensed here There are no understandings agreements or representations with respect to the Work not specified here Licensor shall not be bound by any additional provisions that may appear in any communication from You This License may not be modified without the mutual written agreement of the Licensor and You Creative Commons is not a party to this License and makes no warranty whatsoever in connection with the Work Creative Commons will not be liable to You or any party on any legal theory for any damages whatsoever including without limitation any general special incidental or consequential damages arising in connection to this license Notwithstanding the foregoing two 2 sentences if Creative Commons has expressly identified itself as the Licensor hereunder it shall have all rights and obligations of Licensor Except for the limited purpose of indicating to the public that the Work is licensed under the CCPL neither party will use the trademark Creative Commons or any related trademark or logo of Creative Commons without the prior written consent of Creative Commons Any permitted use will be in compliance with Creative Commons then current trademark usage guidelines as may be published on its website or otherwise made available upon request from time to time
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62. cations as are technically necessary to exercise the rights in other media and formats All rights not expressly granted by Licensor are hereby reserved 4 Restrictions The license granted in Section 3 above is expressly made subject to and limited by the following restrictions 1 You may distribute publicly display publicly perform or publicly digitally perform the Work only under the terms of this License and You must include a copy of or the Uniform Resource Identifier for this License with every copy or phonorecord of the Work You distribute publicly display publicly perform or publicly digitally perform You may not offer or impose any terms on the Work that alter or restrict the terms of this License or the recipients exercise of the rights granted hereunder You may not sublicense the Work You must keep intact all notices that refer to this License and to the disclaimer of warranties You may not distribute publicly display publicly perform or publicly digitally perform the Work with any technological measures that control access or use of the Work in a manner inconsistent with the terms of this License Agreement The above applies to the Work as incorporated in a Collective Work but this does not require the Collective Work apart from the Work itself to be made subject to the terms of this License If You create a Collective Work upon notice from any Licensor You must to the extent practicable remove from the Collective Work an
63. cense 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 implie
64. cess and distribution all in C1 s sole discretion Il INTELLECTUAL PROPERTY 1 Copyright You agree that all right title and interest in and to the SOFTWARE including but not limited to any images photographs animations video audio music text and applets incorporated into the SOFTWARE and any copies of the SOFTWARE and any copyrights and other intellectual properties therein or related thereto are owned exclusively by C1 except to the limited extent that C1 may be the rightful license holder of certain third party technologies incorporated into the SOFTWARE The SOFTWARE is protected by copyright laws and international treaty provisions The SOFTWARE is licensed to you not sold to you C1 reserves all rights not otherwise expressly and specifically granted to you in this EULA 2 Backups You may make a copy of the SOFTWARE solely for backup or archival purposes Notwithstanding the foregoing you may not copy the printed Documentation 3 General Limitations You may not reverse engineer decompile or disassemble the SOFTWARE except and only to the extent that applicable law expressly permits such activity notwithstanding this limitation 4 Software Transfers You may not rent lease lend or transfer the SOFTWARE 5 Termination Without prejudice to any other rights it may have C1 may terminate this EULA and the Licenses if you fail to comply with the terms and conditions contained herein In such an event you must
65. d limitations under the License BSD 3 clause New or Revised License Copyright c lt year gt lt copyright holder gt All rights reserved Redistribution and use in source and binary forms with or without modification are permitted provided that the following conditions are met Redistributions of source code must retain the above copyright notice this list of conditions and the following disclaimer Redistributions in binary form must reproduce the above copyright notice this list of conditions and the following disclaimer in the documentation and or other materials provided with the distribution Neither the name of the lt organization gt nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS AS IS AND ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED IN NO EVENT SHALL lt COPYRIGHT HOLDER gt BE LIABLE FOR ANY DIRECT INDIRECT INCIDENTAL SPECIAL EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES LOSS OF USE DATA OR PROFITS OR BUSINESS INTERRUPTION HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY WHETHER IN CONTRACT STRICT LIABILITY OR TORT INCLUDING NEGLIGENCE OR OTHERWISE ARISING IN ANY
66. d warranties of merchantability fitness for a particular purpose and non infringement F Platform Limitation The licenses granted in sections 2 A amp 2 B extend only to the software or derivative works that you create that run on a Microsoft Windows operating system product Microsoft Public License Ms PL Microsoft Public License Ms PL 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 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 exc
67. destroy all copies of the SOFTWARE and all of its component parts 6 Export Restrictions You acknowledge that the SOFTWARE is of U S origin You acknowledge that the license and distribution of the SOFTWARE is subject to the export control laws and regulations of the United States of America and any amendments thereof which restrict exports and re exports of software technical data and direct products of technical data including services and Developed Software You agree that you will not export or re export the SOFTWARE or any Developed Software or any information documentation and or printed materials related thereto directly or indirectly without first obtaining permission to do so as required from the United States of America Department of Commerce s Bureau of Export Administration BXA or other appropriate governmental agencies to any countries end users or for any end uses that are restricted by U S export laws and regulations and any amendments thereof which include but are not limited to Restricted Countries Restricted End Users and Restricted End Uses These restrictions change from time to time You represent and warrant that neither the BXA nor any other United States federal agency has suspended revoked or denied your export privileges C1 acknowledges that it shall use reasonable efforts to supply you with all reasonably necessary information regarding the SOFTWARE and its business to enable you to fully comply with t
68. ds symbols or labels placed or embedded by MKS on or in any Software or Documentation In no event shall you rent lease sublicense or grant a security interest in the Software permit third parties to use the Software or use the Software for or on behalf of any third party including but not limited to use in a time sharing service or a service bureau operation 4 REMEDIES If you make or Install additional copies of the Software or Documentation contrary to this Agreement then in addition to any other remedies MKS may have MKS may require that you immediately make payment to MKS for such unlicensed Installed Copies 5 DURATION TERMINATION This license shall continue so long as you use the Software and the Documentation in compliance with the terms and conditions of this Agreement Unauthorized copying of the Software or the Documentation or otherwise failing to comply with the terms and conditions of this Agreement will result in the automatic termination of the licenses granted to you under this Agreement and will make available to MKS other legal remedies Upon termination of this Agreement for any reason the licenses granted herein will terminate and you must immediately destroy the Software and Documentation and all back up copies thereof 6 MKS PROPERTY The Software and the Documentation are owned by MKS and its suppliers and licensors and are protected by a combination of patent trademark trade secret and or copyright laws and inte
69. e and exclusive statement of the entire agreement between you and C1 relating to the SOFTWARE This EULA supersedes any prior and contemporaneous proposals purchase orders advertisements and all other communications in relation to the subject matter of this EULA whether oral or written No terms or conditions other than those contained herein and no other understanding or agreement which in any way modifies these terms and conditions shall be binding upon the parties unless entered into in writing executed between the parties or by other non oral manner of agreement whereby the parties objectively and definitively act ina manner to be bound such as by continuing with an installation of the SOFTWARE etc Employees agents and other representatives of C1 are not permitted to orally modify this EULA 2 You Indemnify C1 You agree to indemnify hold harmless and defend C1 and its suppliers and resellers from and against any and all claims or lawsuits including attorney s fees which arise out of or result from your Mayfair EULA for Agilis XFS for Opteva 2 April 2014 Page 33 of 47 breach of any of the terms and conditions of this EULA 3 Interpretation of this EULA If for any reason a court of competent jurisdiction finds any provision of this EULA or any portion thereof to be unenforceable that provision of this EULA will be enforced to the maximum extent permissible so as to effect the intent of the parties and the remainder of this
70. e protected by United States copyright laws and international treaty provisions You must treat Data techniques Inc software products as any other copyrighted material e g book or musical recording except that you may make a reasonable number of backups for archival purposes provided that you have only one working copy at atime for each copy of the product licensed to you You may not transfer sublicense rent lease or assign any of the above license or any Data Techniques Inc software 5 TERM AND TERMINATION You may terminate the above license at any time by returning or destroying all copies of ImageMan in your possession and notifying Data Techniques Inc The above license will terminate immediately if you infringe upon Data Techniques Inc s copyrights or breach this agreement 6 LIMITED WARRANTY Data techniques provides a 90 day money back guarantee for the ImageMan product You may return the version of ImageMan at any time within 90 days of the date of purchase for any reason whatsoever by calling Data Techniques Inc and obtaining a return authorization number RMA Under no circumstances will Data Techniques Inc accept a returned product without an RMA or a package in which the source diskette envelope has been opened 7 NO LIABILITY FOR CONSEQUENTIAL DAMAGES IN NO EVENT SHALL DATA TECHNIQUES INC ORITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER STEMMING FROM THE USE OR MISUSE OF THIS PRODUCT EVEN IF DATA TECHNI
71. eaties 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 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 Mayfair EULA for Agilis XFS for Opteva 2 April 2014 Page 26 of 47 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
72. er direct or indirect to cause the direction or management of such entity whether by contract or otherwise or b ownership of more than fifty percent 50 of the outstanding shares or beneficial ownership of such entity 2 Source Code License 2 1 The Initial Developer Grant The Initial Developer hereby grants You a world wide royalty free non exclusive license subject to third party intellectual property claims a under intellectual property rights other than patent or trademark Licensable by Initial Developer to use reproduce modify display perform sublicense and distribute the Original Code or portions thereof with or without Modifications and or as part of a Larger Work and b under Patents Claims infringed by the making using or selling of Original Code to make have made use practice sell and offer for sale and or otherwise dispose of the Original Code or portions thereof c the licenses granted in this Section 2 1 a and b are effective on the date Initial Developer first distributes Original Code under the terms of this License d Notwithstanding Section 2 1 b above no patent license is granted 1 for code that You delete from the Mayfair EULA for Agilis XFS for Opteva 2 April 2014 Page 11 of 47 Original Code 2 separate from the Original Code or 3 for infringements caused by i the modification of the Original Code or ii the combination of the Original Code with other software or device
73. erty protection on the Software or any portion thereof In order to achieve interoperability of an independently created software program with the Software you shall first request required information from Wave Unless Wave refuses to make such information available you shall not take any steps such as reverse assembly or reverse compilation to derive a source code equivalent to the Software Wave may charge a reasonable fee for the provision of such information d You also may not use the Software in any manner inconsistent with this Agreement including but not limited to using the Software for a service bureau or export or re export the Software except as authorized by Wave and as permitted by applicable law Mayfair EULA for Agilis XFS for Opteva 2 April 2014 Page 42 of 47 2 Disclaimer of Warranties THE SOFTWARE IS PROVIDED AS IS AND WITHOUT WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED ORAL OR WRITTEN WAVE DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE OR ANY PORTION THEREOF COMPLIES WITH ANY OR ALL FEDERAL STATE OR OTHER LAWS AND EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS WARRANTIES AND OR OBLIGATIONS EXPRESS OR IMPLIED FOR THE SOFTWARE OR ANY PORTION THEREOF INCLUDING WITHOUT LIMITATION ANY REPRESENTATIONS WARRANTIES AND OR OBLIGATIONS i OF ACCURACY TIMELINESS RELIABILITY COMPLETENESS INTEGRATION ADEQUACY TITLE COMPATIBILITY MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ii THAT THE SOFTWARE WI
74. et the Government s minimum needs or is inconsistent with U S federal procurement law If you are any agency of the Department of Defense of the Government the following notice is given The Software and Documentation are provided with RESTRICTED RIGHTS You shall not use duplicate or disclose the Software or Documentation in any way not specifically permitted by this Agreement or mandated by U S law Manufacturer is MKS Inc 410 Albert Street Waterloo Ontario Canada N2L 3V3 7 2 Export Controls None of the Software or underlying information or technology may be downloaded or otherwise exported or reexported i into or to a national or resident of Cuba Iraq Libya Sudan North Korea lran Syria or any other country to which the Government has embargoed goods or ii to anyone on the U S Treasury Department s list of Specifically Designated Nationals or the U S Commerce Department s Table of Denial Orders By installing copying or using the Software you agree to the foregoing and represent and warrant that you are not located in under the control of or a national or resident of any such country or on any such list In addition you agree to comply with all relevant export laws and regulations of the United States and any local laws in your jurisdiction that may impact your right to import export or use the Software and you represent that you have complied with any regulation or registration procedures required by applicable law to make th
75. fy the License You may add your own attribution notices within Derivative Works that you distribute alongside or as an addendum to the NOTICE text from the Work provided that such additional attribution notices cannot be construed as modifying the License You may add your own copyright statement to Your modifications and may provide additional or different license terms and conditions for use reproduction or distribution of your modifications or for any such Derivative Works as a whole provided your use reproduction and distribution of the Work otherwise complies with the conditions stated in this License 5 Submission of Contributions Unless you explicitly state otherwise any Contribution intentionally submitted for inclusion in the Work by you to the Licensor shall be under the terms and conditions of this License without any additional terms or conditions Notwithstanding the above nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions 6 Trademarks This License does not grant permission to use the trade names trademarks service marks or product names of the Licensor except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file 7 Disclaimer of Warranty Unless required by applicable law or agreed to in writing Licensor provides the Work and each Contributor prov
76. g licenses TERMS AND CONDITIONS FOR USE REPRODUCTION AND DISTRIBUTION 1 Definitions License shall mean the terms and conditions for use reproduction and distribution as defined by Sections 1 through 9 of this document Mayfair EULA for Agilis XFS for Opteva 2 April 2014 Page 5 of 47 Licensor shall mean the copyright owner or entity authorized by the copyright owner that is granting the License Legal Entity shall mean the union of the acting entity and all other entities that control are controlled by or are under common control with that entity For the purposes of this definition control means i the power direct or indirect to cause the direction or management of such entity whether by contract or otherwise or ii ownership of fifty percent 50 or more of the outstanding shares or iii beneficial ownership of such entity You or Your shall mean an individual or Legal Entity exercising permissions granted by this License Source form shall mean the preferred form for making modifications including but not limited to software source code documentation source and configuration files Object form shall mean any form resulting from mechanical transformation or translation of a Source form including but not limited to compiled object code generated documentation and conversions to other media types Work shall mean the work of authorship whether in Source or Object form made available under the L
77. hantability fitness for a particular purpose and non infringement MIT License also X11 MIT License Copyright c lt year gt lt copyright holders gt Permission is hereby granted free of charge to any person obtaining a copy of this software and associated documentation files the Software to deal in the Software without restriction including without limitation the rights to use copy modify merge publish distribute sublicense and or sell copies of the Software and to permit persons to whom the Software is furnished to do so subject to the following conditions The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software THE SOFTWARE IS PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY FITNESS FORA 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 ORIN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE Mozilla Public License 1 1 MOZILLA PUBLIC LICENSE Version 1 1 1 Definitions 1 0 1 Commercial Use means distribution or otherwise making the Covered Code available to a third party 1 1 Contributor means each entity that creates or contributes to the creation of Modifications
78. hat particular Modification has been made available to such recipients You are responsible for ensuring that the Source Code version remains available even if the Electronic Distribution Mechanism is maintained by a third party 3 3 Description of Modifications You must cause all Covered Code to which You contribute to contain a file documenting the changes You made to create that Covered Code and the date of any change You must include a prominent statement that the Modification is derived directly or indirectly from Original Code provided by the Initial Developer and including the name of the Initial Developer in a the Source Code and b in any notice in an Executable version or related documentation in which You describe the origin or ownership of the Covered Code 3 4 Intellectual Property Matters a Third Party Claims If Contributor has knowledge that a license under a third party s intellectual property rights is required to exercise the rights granted by such Contributor under Sections 2 1 or 2 2 Contributor must include a text file with the Source Code distribution titled LEGAL which describes the claim and the party making the claim in sufficient detail that a recipient will know whom to contact If Contributor obtains such knowledge after the Modification is made available as described in Section 3 2 Contributor shall promptly modify the LEGAL file in all copies Contributor makes available thereafter and shall take other steps
79. he provisions of this Section If you have any questions regarding your obligations under United States of America export regulations you should contact the Bureau of Export Administration United States Department of Commerce Exporter Counseling Division Washington DC Mayfair EULA for Agilis XFS for Opteva 2 April 2014 Page 32 of 47 U S A 202 482 4811 http Awww bxa doc gov 7 U S Government Restricted Rights The SOFTWARE and documentation are provided with RESTRICTED RIGHTS You will comply with any requirements of the Government to obtain such RESTRICTED RIGHTS protection including without limitation the placement of any restrictive legends on the SOFTWARE and any license agreement used in connection with the distribution of the SOFTWARE Manufacturer is ComponentOne LLC 201 South Highland Avenue 3rd Floor Pittsburgh Pennsylvania 15206 USA For solicitations issued by the Government on or after December 1 1995 and the Department of Defense on or after September 29 1995 the only rights provided in the software and documentation provided herein shall be those contained in this EULA Under no circumstances shall C1 be obligated to comply with any Governmental requirements regarding the submission of or the request for exemption from submission of cost or pricing data or cost accounting requirements For any distribution of the SOFTWARE that would require compliance by C1 with the Government s requirements relating to cost or prici
80. his License 4 Original Author means the individual or entity who created the Work 5 Work means the copyrightable work of authorship offered under the terms of this License 6 You means an individual or entity exercising rights under this License who has not previously violated the terms of this License with respect to the Work or who has received express permission from the Licensor to exercise rights under this License despite a previous violation 2 Fair Use Rights Nothing in this license is intended to reduce limit or restrict any rights arising from fair use first sale or other limitations on the exclusive rights of the copyright owner under copyright law or other applicable laws 3 License Grant Subject to the terms and conditions of this License Licensor hereby grants You a worldwide royalty free non exclusive perpetual for the duration of the applicable copyright license to exercise the rights in Mayfair EULA for Agilis XFS for Opteva 2 April 2014 Page 34 of 47 the Work as stated below 1 to reproduce the Work to incorporate the Work into one or more Collective Works and to reproduce the Work as incorporated in the Collective Works 2 to create and reproduce Derivative Works 3 to distribute copies or phonorecords of display publicly perform publicly and perform publicly by means of a digital audio transmission the Work including as incorporated in Collective Works 4 to distribute copies or phonorec
81. his 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 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 e disclose the results of any benchmark tests of the software to any third party without Microsoft s prior written approval e work around any technical limitations in the software Mayfair EULA for Agilis XFS for Opteva 2 April 2014 Page 19 of 47 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
82. icense as indicated by a copyright notice that is included in or attached to the work an example is provided in the Appendix below Derivative Works shall mean any work whether in Source or Object form that is based on or derived from the Work and for which the editorial revisions annotations elaborations or other modifications represent as a whole an original work of authorship For the purposes of this License Derivative Works shall not include works that remain separable from or merely link or bind by name to the interfaces of the Work and Derivative Works thereof Contribution shall mean any work of authorship including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner For the purposes of this definition submitted means any form of electronic verbal or written communication sent to the Licensor or its representatives including but not limited to communication on electronic mailing lists source code control systems and issue tracking systems that are managed by or on behalf of the Licensor for the purpose of discussing and improving the Work but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as Not a Contribution
83. ides its Contributions on an AS IS BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND either express or implied including without limitation any warranties or conditions of TITLE NON INFRINGEMENT MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE You are solely responsible for determining the appropriateness of using or redistributing the Work and assume any risks associated with Your exercise of permissions under this License 8 Limitation of Liability In no event and under no legal theory whether in tort including negligence contract or otherwise unless required by applicable law such as deliberate and grossly negligent acts or agreed to in writing shall any Contributor be liable to You for damages including any direct indirect special incidental or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work including but not limited to damages for loss of goodwill work stoppage computer failure or malfunction or any and all other commercial damages or losses even if such Contributor has been advised of the possibility of such damages 9 Accepting Warranty or Additional Liability While redistributing the Work or Derivative Works thereof You may choose to offer and charge a fee for acceptance of support warranty indemnity or other liability obligations and or rights consistent with this License However in accepting such obligations You may act only on
84. ior written permission For written permission please contact aache apache org 5 Products derived from this software may not be called Apache nor may Apache appear in their name without prior written permission of the Apache Software Foundation THIS SOFTWARE IS PROVIDED AS IS AND ANY EXPRESSED OR IMPLIED WARRANTIES INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FORA PARTICULAR PURPOSE ARE DISCLAIMED IN NO EVENT SHALL THE APACHE SOFTWARE FOUNDATION OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT INDIRECT INCIDENTAL SPECIAL EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES LOSS OF USE DATA OR PROFITS OR BUSINESS INTERRUPTION HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY WHETHER IN CONTRACT STRICT LIABILITY OR TORT INCLUDING NEGLIGENCE OR OTHERWISE ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE This software 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 lt http www apache org gt Portions of this software are based upon public domain software originally written at the National Center for Supercomputing Applications University of Illinois Urbana Champaign Apache License 2 0 Apache License Version 2 0 January 2004 http www apache or
85. ird parties Unless explicitly agreed by the Software Owner in writing beforehand or necessary for the contractual use the Software may not be duplicated adapted converted or translated either in full or in part Nor may the Software be disassembled decompiled or reconstructed to discover the source code or acquire other information relating to the origination or production of the Software unless such actions are indispensable to obtain information needed for establishing interoperability between an independently created computer program and the Software and suchinformation has not been made available to the rightful user of the Software by its supplier within a reasonable period of time despite submission of a written request You may A use one copy of the Software on a single computer and B make one copy of the Software for archival purposes or copy the Software onto the hard disk of your computer and retain the original for archival purposes You acknowledge and agree that the Software constitutes trade secret information and copyrighted material which is owned exclusively by the Software Owner and any threatened violation of this Agreement shall result in irreparable harm to the Software Owner and or its distributors and shall entitle the Software Owner and or its distributors to an injunction as well as other legal remedies THIS SOFTWARE IS PROVIDED AS IS AND WITH NO WARRANTY THE SOFTWARE OWNER AND as DISTRIBUTOR S EXPRESSLY DISCLAI
86. is XFS for Opteva 2 April 2014 Page 2 of 47 The Following are the list of licenses and software components under them licencename Apache License 1 1 Apache License 2 0 BSD 3 clause New or Revised License Microsoft Limited Public License Microsoft Public License Ms PL 20140220 Visual Studio License 20140220 Microsoft Distributed Code License Agreement 20140220 Mayfair Software Common License MIT License also X11 Component Name Logging framework for NET Logging framework for NET C Command Line Option Parsing Library Intel Quiet System Technology Intel QST Software Development Kit LINQBridge MSBuild Community Tasks Microsoft MSDN CodeProject Article C does shell QuickGraph Graph Data Structures And Algorithms for NET TreeGridView Visual Studio 2008 2005 Redistributables Visual Studio 2005 SDK Visual Studio 2010 Professional Windows Server 2003 DDKSP1 Novotech Software JCM Software Motorola Software Decode Library Sagem Software Hitachi Omron Terminal Solution Adobe Photoshop Creative Suites Images Sankyo Sharpziplib Http Utility from Koders com Libxml2 Version 1 2 1 2 2 3 1 0 1 0 2 1 t4 1 2 0 306 Any Version Any Version 2 21 1 0 Any Version Any Version 2 4 15 Copyright Notice Copyright C 2001 2003 Neoworks Limited All Rights Reserved Copyright 2001 2002 The Apache S
87. is license Mayfair EULA for Agilis XFS for Opteva 2 April 2014 Page 38 of 47 enforceable 8 WARRANTY 8 1 Warranty THE SOFTWARE DOCUMENTATION DISKETTES CD ROM OR OTHER MEDIA ARE PROVIDED ON AN AS IS BASIS WITHOUT ANY OTHER WARRANTIES OR CONDITIONS EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION WARRANTIES OF MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE TITLE NON INFRINGEMENT OR ANY CONDITIONS OF QUALITY OR ANY WARRANTIES ARISING BY LAW STATUTE USAGE OF TRADE OR COURSE OF DEALING YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IN PARTICULAR MKS SHALL NOT HAVE ANY RESPONSIBILITY WHATSOEVER FOR ANY PORTIONS OF THE SOFTWARE WHICH HAVE BEEN MODIFIED BY YOU OR ON YOUR BEHALF EITHER IN VIOLATION OF THIS AGREEMENT OR WITH ANY APPROVAL FROM MKS YOU ARE RESPONSIBLE FOR THE SELECTION OF THE SOFTWARE TO ACHIEVE ITS INTENDED RESULTS AND FORTHE INSTALLATION USE AND RESULTS OBTAINED FROM THE SOFTWARE MKS DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE NOR THAT PROGRAM ERRORS WILL BE CORRECTED SHOULD THE SOFTWARE PROVE DEFECTIVE YOU AND NOT MKS ASSUME THE ENTIRE COST OF SERVICE AND REPAIR YOU MAY HAVE CERTAIN STATUTORY RIGHTS TO WHICH THESE EXCLUSIONS DO NOT APPLY HOWEVER TO THE FULL EXTENT PERMITTED BY LAW THE DURATION OF STATUTORILY REQUIRED WARRANTIES IF ANY SHALL BE
88. is not obligated to provide you with support services related to the SOFTWARE PRODUCT Support Services Use of Support Services is governed by the Microsoft policies and programs described in the user manual in online documentation and or in other Microsoft provided materials Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA With respect to technical information you provide to Microsoft as part of the Support Services Microsoft may use such information for its business purposes including for product support and development Microsoft will not utilize such technical information in a form that personally identifies you e Termination Without prejudice to any other rights Microsoft may terminate this EULA if you fail to comply with the terms and conditions of this EULA In such event you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts 3 COPYRIGHT All title and copyrights in and to the SOFTWARE PRODUCT including but not limited to any images photographs animations video audio music text SAMPLE CODE REDISTRIBUTABLES and applets incorporated into the SOFTWARE PRODUCT and any copies of the SOFTWARE PRODUCT are owned by Microsoft or its suppliers The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions Therefore you must treat the SOFTWARE PR
89. ith other software except as part of the Contributor Version or other devices or 4 under Patent Claims infringed by Covered Code in the absence of Modifications made by that Contributor 3 Distribution Obligations 3 1 Application of License The Modifications which You create or to which You contribute are governed by the terms of this License including without limitation Section 2 2 The Source Code version of Covered Code may be distributed only under the terms of this License or a future version of this License released under Section 6 1 and You must include a copy of this License with every copy of the Source Code You distribute You may not offer or impose any terms on any Source Code version that alters or restricts the applicable version of this License or the recipients rights hereunder However You may include an additional document offering the additional rights described in Section 3 5 3 2 Availability of Source Code Any Modification which You create or to which You contribute must be made available in Source Code form under the terms of this License either on the same media as an Executable version or via an accepted Electronic Distribution Mechanism to anyone to whom you made an Executable version available and if made available via Electronic Distribution Mechanism must remain available for at least twelve 12 months after the date it initially became available or at least six 6 months after a subsequent version of t
90. land copyright 2001 8 by D I Management Services Pty Limited lt www di mgt com au gt and is used with permission David Ireland and DI Management Services Pty Limited make no representations concerning either the merchantability of this software or the suitability of this software for any particular purpose It is provided as is without express or implied warranty of any kind Our liability will be limited exclusively to the refund of the money you paid us for the software namely nothing By using the software you expressly agree to such a waiver If you do not agree to the terms do not use the software and return it to the entity from which you obtained it End of DI Management License Agreement 20110127 Debugging Applications Book License Agreement Copyright 1997 2001 John Robbins All rights reserved MiChOSOi LICENSE CRE 21la Book Companion CD IMPORTANT READ CAREFULLY This Microsoft End User License Agreement EULA is a legal agreement between you either an individual or an entity and Microsoft Corporation for the Microsoft product identified above which includes computer software and may include associated media printed materials and online or electronic documentation SOFTWARE PRODUCT Any component included within the SOFTWARE PRODUCT that is accompanied by a separate End User License Agreement shall be governed by such agreement and not the terms set forth below By installing copying or otherwise usi
91. lusive 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 Mayfair EULA for Agilis XFS for Opteva 2 April 2014 Page 9 of 47 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 merc
92. n a single copy of Software for archival purposes Unless enforcement is prohibited by applicable law you may not modify decompile or reverse engineer Software Licensee acknowledges that Licensed Software is not designed or intended for use in the design construction operation or maintenance of any nuclear facility Sun Microsystems Inc disclaims any express or implied warranty of fitness for such uses No right title or interest in or to any trademark service mark logo or trade name of Sun or its licensors is granted under this Agreement 3 NO WARRANTY Software is provided AS IS with all faults and without warranty Your exclusive remedy and Sun s entire liability will be at Sun s option to replace Software media or refund the fee paid if any for Software 4 DISCLAIMER OF WARRANTY UNLESS SPECIFIED IN THIS AGREEMENT ALL EXPRESS OR IMPLIED CONDITIONS REPRESENTATIONS AND WARRANTIES INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY FITNESS FORA PARTICULAR PURPOSE OR NON INFRINGEMENT ARE DISCLAIMED EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID 5 LIMITATION OF LIABILITY TO THE EXTENT NOT PROHIBITED BY LAW IN NO EVENT WILL SUN OR MS LICENSORS BE LIABLE FOR ANY LOST REVENUE PROFIT OR DATA OR FOR SPECIAL INDIRECT CONSEQUENTIAL INCIDENTAL OR PUNITIVE DAMAGES HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE EVEN IF SUN HAS BEEN
93. n officer or other employee acting for your employer then you and your mean your principal the entity or other legal person for whom you are acting However importantly even if you are acting as an agent for another you may still be personally liable for violation of federal and State laws such as copyright infringement By signifying your acceptance of the terms of this EULA you intend to be and hereby are legally bound to this EULA to the same extent as if C1 and you physically signed this EULA By installing copying or otherwise using the SOFTWARE you agree to be bound by all the terms and conditions of this EULA If you do not agree to all of such terms and conditions you may not install or use the SOFTWARE If you do not agree with any of the terms herewith and for whatever reason installation has begun or has been completed you should cancel installation or un install the SOFTWARE as the case may be Furthermore you should promptly return the SOFTWARE to the place of business from which you obtained it in accordance with any return policies of such place of business Return policies may vary among resellers therefore you must comply with the return policies of your supplier as you agreed at the point of purchase Mayfair EULA for Agilis XFS for Opteva 2 April 2014 Page 31 of 47 I YOUR LICENSE 1 Definitions The following terms have the respective meanings as used in this EULA Network Server means a computer with one
94. nation modification or break up of the Software by any person other than EPSON or any combination of the Software and any other software or hardware products ii any use not complying with the operation manual designated by EPSON iii any use on any hardware products other than the Designated Hardware iv any cause attributable to anyone other than EPSON or Mayfair EULA for Agilis XFS for Opteva 2 April 2014 Page 23 of 47 v any cause resulted from fire natural disaster or any other cause beyond the reasonable control of EPSON 6 Term This Agreement is effective from the date on which you downloaded the Software This agreement may be terminated by you at any time by returning to EPSON or destroying at you the Software together with all copies modifications and merged portions in any form in your possession or control Upon such termination by you you agree to give EPSON written notice thereof immediately This Agreement will also terminate automatically if you fail to comply with any term or condition of this Agreement Upon such termination you must destroy the Software and all copies thereof 7 Protection and Security You agree to use your best efforts and take all reasonable steps to safeguard the Software to ensure that no unauthorized person has access to them and that no unauthorized copy publication disclosure or distribution of any of the Software is made You acknowledge that the Software contains valuable confiden
95. ndemnity or liability obligations to one or more recipients of Covered Code However You may do so only on Your own behalf and not on behalf of the Initial Developer or any Contributor You must make it absolutely clear than any such warranty support indemnity or liability obligation is offered by You alone and You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of warranty support indemnity or liability terms You offer 3 6 Distribution of Executable Versions You may distribute Covered Code in Executable form only if the requirements of Section 3 1 3 5 have been met for that Covered Code and if You include a notice stating that the Source Code version of the Covered Code is available under the terms of this License including a description of how and where You have fulfilled the obligations of Section 3 2 The notice must be conspicuously included in any notice in an Executable version related documentation or collateral in which You describe recipients rights relating to the Covered Code You may distribute the Executable version of Covered Code or ownership rights under a license of Your choice which may contain terms different from this License provided that You are in compliance with the terms of this License and that the license for the Executable version does not attempt to limit or alter the recipient s rights in the Source Code ve
96. nditions 4 NO WARRANTY EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT THE PROGRAM IS PROVIDED ON AN AS IS BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING WITHOUT LIMITATION ANY WARRANTIES ORCONDITIONS OF TITLE NON INFRINGEMENT MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE Each Recipient is solely responsible for determining the appropriateness of using the Program and assumes all risks associated with its exercise of rights under this Agreement including but not limited to the risks and costs of program errors compliance with applicable laws damage to or loss of data programs or equipment and unavailability or interruption of operations 5 DISCLAIMER OF LIABILITY EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FORANY DIRECT INDIRECT INCIDENTAL SPECIAL EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING WITHOUT LIMITATION LOST PROFITS HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY WHETHER IN CONTRACT STRICT LIABILITY OR TORT INCLUDING NEGLIGENCE OR OTHERWISE ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES 6 GENERAL If any provision of this Agreement is invalid or unenforceable under applicable law it shall not affect the validity or enforceability of the remainder of the terms of this Agreement and wi
97. nfringes any patent where such claim is resolved such as by license or settlement prior to the initiation of patent infringement litigation then the reasonable value of the licenses granted by such Participant under Sections 2 1 or 2 2 shall be taken into account in determining the amount or value of any payment or license Mayfair EULA for Agilis XFS for Opteva 2 April 2014 Page 14 of 47 8 4 In the event of termination under Sections 8 1 or 8 2 above all end user license agreements excluding distributors and resellers which have been validly granted by You or any distributor hereunder prior to termination shall survive termination 9 LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY WHETHER TORT INCLUDING NEGLIGENCE CONTRACT OR OTHERWISE SHALL YOU THE INITIAL DEVELOPER ANY OTHER CONTRIBUTOR OR ANY DISTRIBUTOR OF COVERED CODE OR ANY SUPPLIER OF ANY OF SUCH PARTIES BE LIABLE TO ANY PERSON FOR ANY INDIRECT SPECIAL INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL WORK STOPPAGE COMPUTER FAILURE OR MALFUNCTION OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION SOME JURISDICTIONS DO NOT
98. ng data or cost accounting requirements you must obtain an appropriate waiver or exemption from such requirements for the benefit of C1 from the appropriate Government authority before the distribution and or license of the SOFTWARE to the Government IV WARRANTIES AND REMEDIES 1 Limited Warranty C1 warrants that i it has the full power to enter into this Agreement and grant the license rights set forth herein and ii it has not granted and will not grant any rights in the Software to any third party which grant is inconsistent with the rights granted to you in this Agreement EXCEPT AS OTHERWISE PROVIDED IN THE PRECEDING SENTENCE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW C1 EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE DOCUMENTATION AND ANYTHING ELSE PROVIDED BY C1 HEREBY AND C1 PROVIDES THE SAME IN AS IS CONDITION WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FORA PARTICULAR PURPOSE ANY IMPLIED WARRANT OF TITLE OR NON INFRINGEMENT IS ALSO DISCLAIMED THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE 2 Limited Remedy C1 PROVIDES NO REMEDIES OR WARRANTIES WHETHER EXPRESS OR IMPLIED FOR ANY SAMPLE APPLICATION CODE AND REDISTRIBUTABLE FILES ANY SAMPLE APPLICATION CO
99. ng the SOFTWARE PRODUCT you agree to be bound by the terms of this EULA If you do not agree to the terms of this EULA you are not authorized to install copy or otherwise use the SOFTWARE PRODUCT you may however return the SOFTWARE PRODUCT along with all printed materials and other items that form a part of the Microsoft product that includes the SOFTWARE PRODUCT to the entity from which you obtained them Mayfair EULA for Agilis XFS for Opteva 2 April 2014 Page 40 of 47 SOFTWARE PRODUCT LICENSE The SOFTWARE PRODUCT is protected by United States copyright laws and international copyright treaties as well as other intellectual property laws and treaties The SOFTWARE PRODUCT is licensed not sold 1 GRANT OF LICENSE This EULA grants you the following rights Software Product You may install and use one copy of the SOFTWARE PRODUCT on a single computer 2 DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS e Limitations on Reverse Engineering Decompilation and Disassembly You may not 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 limitation e Separation of Components The SOFTWARE PRODUCT is licensed as a single product Its component parts may not be separated for use on more than one computer e Rental You may not rent lease transfer or lend the SOFTWARE PRODUCT e Support Services Microsoft may but
100. nstrumentalities U S Government it is provided with Restricted Rights Use duplication or disclosure by the U S Government is subject to restrictions as set forth in subparagraph c 1 ii of the Rights in Technical Data and Computer Software clause at DFARS 252 227 7013 or subparagraphs c 1 and 2 of the Commercial Computer Software Restricted Rights at 48 CFR 52 227 19 as applicable Manufacturer is Microsoft Corporation One Microsoft Way Redmond WA 98052 6399 MICROSOFT AND OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE SOFTWARE OR ANY CONTAINED INFORMATION DOCUMENTS OR RELATED GRAPHICS INCLUDED AS PART OF THE SOFTWARE FOR ANY PURPOSE ALL SUCH SOFTWARE INFORMATION DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND MICROSOFT AND OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS SOFTWARE INFORMATION DOCUMENTS AND OR RELATED GRAPHICS INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY WHETHER EXPRESS IMPLIED OR STATUTORY FITNESS FORA PARTICULAR PURPOSE TITLE AND NON INFRINGEMENT IN NO EVENT SHALL MICROSOFT AND OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE DATA OR PROFITS WHETHER IN AN ACTION OF CONTRACT NEGLIGENCE OR OTHER TORTIOUS ACTION ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SOFTWARE
101. ny 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 or lend 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 www microsoft com exporting 4 ENTIRE AGREEMENT This agreement including the warranty below and the terms for supplements and updates are the entire agreement for the Software 5 APPLICABLE LAW Washington state law governs the interpretation of this agreement and applies to claims for breach of it as well as any claims arising from or related to your possession or use of the Software regardless of conflict of laws principles 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 y
102. oftware Foundation Copyright C 2005 by Andrew Robinson Copyright c 2005 2009 Intel Corporation All Rights Reserved LINQBridge Copyright c 2007 2009 Atif Aziz Joseph Albahari All rights reserved c 2005 Paul Welter 2010 Microsoft Corporation All rights reserved Copyright 2003 by Arik Poznanski Everything else Copyright CodeProject 1999 2010 Copyright 2010 Jonathan Peli de Halleux Copyright c Microsoft Corporation All rights reserved Copyright Microsoft Corporation Copyright Microsoft Corporation Copyright Micros oft Corporation Copyright Micros oft Corporation Copyright Novotech Banksysteme GmbH Copyright Japan Cash Machine Global Corporation Copyright Motorola Solutions Inc Copyright Sagem Denmark A S Copyright Hitachi Omron Terminal Solutions Corp Copyright 2011 Adobe Systems Incorporated All rights reserved Copyright Nidec Sankyo Corporation Copyright 1989 1991 Free Software Foundation Inc Gonzalo Paniagua Javier gonzalo novell com Copyright c 2005 Novell Inc http Avww novell com Copyright C 2000 Gary Pennington and Daniel Veillard Mayfair EULA for Agilis XFS for Opteva 2 April 2014 XML Security Library 1 2 16 Mozilla Public License 1 1 FastMM Any Version The Code ProjectOpen CodeProject Article Any Version License CPOL 1 02 Page 3 of 47 Copyright C 2002 2010 AlekseySanin All Rights Reserved Copyright C 2003 Cordys R amp D BV
103. ords of display publicly perform publicly and perform publicly by means of a digital audio transmission Derivative Works 5 For the avoidance of doubt where the work is a musical composition 1 Performance Royalties Under Blanket Licenses Licensor waives the exclusive right to collect whether individually or via a performance rights society e g ASCAP BMI SESAC royalties for the public performance or public digital performance e g webcast of the Work 2 Mechanical Rights and Statutory Royalties Licensor waives the exclusive right to collect whether individually or via a music rights agency or designated agent e g Harry Fox Agency royalties for any phonorecord You create from the Work cover version and distribute subject to the compulsory license created by 17 USC Section 115 of the US Copyright Act or the equivalent in other jurisdictions 6 Webcasting Rights and Statutory Royalties For the avoidance of doubt where the Work is a sound recording Licensor waives the exclusive right to collect whether individually or via a performance rights society e g SoundExchange royalties for the public digital performance e g webcast of the Work subject to the compulsory license created by 17 USC Section 114 of the US Copyright Act or the equivalent in other jurisdictions The above rights may be exercised in all media and formats whether now known or hereafter devised The above rights include the right to make such modifi
104. our state or country do not permit it to do so 7 LIMITATION ON AND EXCLUSION OF DAMAGES THIS Software IS BEING LICENSED TO YOU WITHOUT CHARGE YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE SOFTWARE BUT IN NO EVENT MORE THAN U S 10 00 YOU CANNOT RECOVER ANY OTHER DAMAGES INCLUDING CONSEQUENTIAL LOST PROFITS SPECIAL INDIRECT OR INCIDENTAL DAMAGES Mayfair EULA for Agilis XFS for Opteva 2 April 2014 Page 21 of 47 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 repair replacement or a refund for the Software does not fully compensate you for any losses or Microsoft knew or should have known about the possibility of the damages Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you They also may not apply to you because your country may not allow the exclusion or limitation of incidental consequential or other damages 8 NO WARRANTY A NO WARRANTY THIS SOFTWARE IS PROVIDED TO YOU AS IS WITH ALL FAULTS AND WITHOUT WARRANTY B EXCLUSIONS Microsoft shall not be liable for
105. plies to code to which the Initial Developer has attached the notice in Exhibit A and to related Covered Code 6 Versions of the License Mayfair EULA for Agilis XFS for Opteva 2 April 2014 Page 13 of 47 6 1 New Versions Netscape Communications Corporation Netscape may publish revised and or new versions of the License from time to time Each version will be given a distinguishing version number 6 2 Effect of New Versions Once Covered Code has been published under a particular version of the License You may always continue to use it under the terms of that version You may also choose to use such Covered Code under the terms of any subsequent version of the License published by Netscape No one other than Netscape has the right to modify the terms applicable to Covered Code created under this License 6 3 Derivative Works lf You create or use a modified version of this License which you may only do in order to apply it to code which is not already Covered Code governed by this License You must a rename Your license so that the phrases Mozilla MOZILLAPL MOZPL Netscape MPL NPL or any confusingly similar phrase do not appear in your license except to note that your license differs from this License and b otherwise make it clear that Your version of the license contains terms which differ from the Mozilla Public License and Netscape Public License Filling in the name of the Initial Developer Original Code o
106. problems caused by your acts or failures to act the acts of others or events beyond Microsofts reasonable control MICROSOFT GIVES NO EXPRESS WARRANTIES GUARANTEES OR CONDITIONS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS MICROSOFT EXCLUDES AND DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT C LIMITATION ON AND EXCLUSION OF DAMAGES FOR BREACH OF WARRANTY THE LIMITATION ON AND EXCLUSION OF DAMAGES CLAUSE ABOVE APPLIES 9 U S GOVERNMENT LICENSE RIGHTS All Software provided to the U S Government pursuant to solicitations issued on or after December 1 1995 is provided with the commercial license rights and restrictions described elsewhere herein All Software provided to the U S Government pursuant to solicitations issued prior to December 1 1995 is provided with Restricted Rights as provided for in FAR 48 CFR 52 227 14 JUNE 1987 or DFAR 48 CFR 252 227 7013 OCT 1988 as applicable 10 NOTICE ABOUT THE H 264 AVC VISUAL STANDARD AND THE VC 1 VIDEO STANDARD Certain code may include H 264 MPEG 4 AVC and or VC 1decoding technology MPEG LA L L C requires this notice THIS PRODUCT IS LICENSED UNDER THE AVC AND THE VC 1 PATENT PORTFOLIO LICENSES FOR THE PERSONAL AND NON COMMERCIAL USE OF A CONSUMER TO A ENCODE VIDEO IN COMPLIANCE WITH THE ABOVE STANDARDS VIDEO STANDARDS AND OR B DECODE AVC AND VC 1 VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL
107. r Contributor in the notice described in Exhibit A shall not of themselves be deemed to be modifications of this License 7 DISCLAIMER OF WARRANTY COVERED CODE IS PROVIDED UNDER THIS LICENSE ONAN AS IS BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED INCLUDING WITHOUT LIMITATION WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS MERCHANTABLE FIT FOR A PARTICULAR PURPOSE OR NON INFRINGING THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT YOU NOT THE INTIAL DEVELOPER OR ANY OTHER CONTRIBUTOR ASSUME THE COST OF ANY NECESSARY SERVICING REPAIR OR CORRECTION THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER 8 TERMINATION 8 1 This License and the rights granted hereunder will terminate automatically if You fail to comply with terms herein and fail to cure such breach within 30 days of becoming aware of the breach All sublicenses to the Covered Code which are properly granted shall survive any termination of this License Provisions which by their nature must remain in effect beyond the termination of this License shall survive 8 2 If You initiate litigation by asserting a patent infringement claim excluding declaratory judgment actions against Initial Developer or a Contributor the Initial Developer or Contributor agains
108. r a single entity and Microsoft Corporation for the Microsoft software identified above which may include computer software associated media and online or electronic documentation Software By downloading installing copying or otherwise using the Software you agree to be bound by the terms of this EULA If you do not agree to the terms of this EULA do not install or use the Software 1 LICENSE GRANT Microsoft grants to you a personal non exclusive nontransferable royalty free license to use the Software on one computer for use with any Microsoft operating system product each an OS Product You may make one backup copy of the Software You may use it only to reinstall the Software The Software is protected by copyright laws and international copyright treaties as well as other intellectual property laws and treaties Microsoft or its suppliers own the title copyright and other intellectual property rights in the Software 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 For more information see www microsoft com licensing userights 2 RESTRICTIONS You may not Work around a
109. rnational treaty provisions as applicable You agree that MKS and its suppliers and licensors retain all right title and interest in the Software and Documentation and in all of MKS s patents trademarks trade names inventions copyrights know how and trade secrets relating to the design manufacture operation or service of the Software The use by you of any of MKS s property rights is authorized only for the purposes herein set forth and upon termination of this Agreement for any reason such authorization shall cease You understand and agree that the Software contains trade secrets and confidential information belonging to MKS and its suppliers and licensors and you agree to take all reasonable steps to protect its confidentiality 7 CERTAIN REGULATORY MATTERS 7 1 U S Government Restricted Rights The Software and Documentation are commercial items developed exclusively at private expense consisting of commercial computer software and commercial computer software documentation as suchterms are defined in the applicable acquisition regulations If you are the U S Government or any agency or department thereof collectively referred to as the Government the Software and Documentation are licensed hereunder i only as a commercial item and ii with only those rights as are granted to all other end users pursuant to the terms and conditions of this Agreement You agree to notify MKS if this Agreement fails to me
110. rself and all such entities to the terms of this license You may not e 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 20140220 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 t
111. rsion from the rights set forth in this License If You distribute the Executable version under a different license You must make it absolutely clear that any terms which differ from this License are offered by You alone not by the Initial Developer or any Contributor You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of any such terms You offer 3 7 Larger Works You may create a Larger Work by combining Covered Code with other code not governed by the terms of this License and distribute the Larger Work as a single product In sucha case You must make sure the requirements of this License are fulfilled for the Covered Code 4 Inability to Comply Due to Statute or Regulation If it is impossible for You to comply with any of the terms of this License with respect to some or all of the Covered Code due to statute judicial order or regulation then You must a comply with the terms of this License to the maximum extent possible and b describe the limitations and the code they affect Such description must be included in the LEGAL file described in Section 3 4 and must be included with all distributions of the Source Code Except to the extent prohibited by statute or regulation such description must be sufficiently detailed for a recipient of ordinary skill to be able to understand it 5 Application of this License This License ap
112. s 2 2 Contributor Grant Subject to third party intellectual property claims each Contributor hereby grants You a world wide royalty free non exclusive license a under intellectual property rights other than patent or trademark Licensable by Contributor to use reproduce modify display perform sublicense and distribute the Modifications created by such Contributor or portions thereof either on an unmodified basis with other Modifications as Covered Code and or as part of a Larger Work and b under Patent Claims infringed by the making using or selling of Modifications made by that Contributor either alone and or in combination with its Contributor Version or portions of such combination to make use sell offer for sale have made and or otherwise dispose of 1 Modifications made by that Contributor or portions thereof and 2 the combination of Modifications made by that Contributor with its Contributor Version or portions of such combination c the licenses granted in Sections 2 2 a and 2 2 b are effective on the date Contributor first makes Commercial Use of the Covered Code d Notwithstanding Section 2 2 b above no patent license is granted 1 for any code that Contributor has deleted from the Contributor Version 2 separate from the Contributor Version 3 for infringements caused by i third party modifications of Contributor Version or ii the combination of Modifications made by that Contributor w
113. s been Installed 2 LICENSE GRANT Mayfair EULA for Agilis XFS for Opteva 2 April 2014 Page 37 of 47 Software License Subject to the terms conditions and restrictions contained in this Agreement MKS grants you a non exclusive and non transferable license to Install and use the Software on a single Computer System for your internal use General You may make one 1 copy of the Software in machine readable form solely for back up purposes provided that such copy includes any proprietary notices included in the Software and such copy shall be subject to the terms and conditions of this Agreement You shall inform all Users of the Software of the terms and conditions of this Agreement 3 LICENSE RESTRICTIONS You shall not and shall not permit others to modify translate reverse engineer decompile disassemble or otherwise attempt to create the source code from the Software or create derivative works based on or copy except as necessary for use under this Agreement or for back up or archival purposes the Software or any portion thereof including for reasons of error correction or interoperability or the Documentation if any except i as permitted under this Agreement and ii to the extent expressly permitted by applicable law and to the extent MKS is not permitted by that applicable law to exclude or limit such rights You shall not remove alter cover or obfuscate any trademark logo copyright or other proprietary notices legen
114. sion is granted to anyone to use this software for any purpose including commercial applications subject to the following restriction The origin of this software must not be misrepresented you must not claim that you wrote the original software End of zlib License 20101210 ComponentOne License END USER LICENSE AGREEMENT FOR COMPONENTONE SOFTWARE IMPORTANT READ CAREFULLY This End User License Agreement this EULA contains the terms and conditions that govern your use of the SOFTWARE as defined below and imposes material limitations to your rights You should read this EULA carefully and treat it as valuable property I THIS EULA 1 Software Covered by this EULA This EULA governs your use of the ComponentOne LLC C1 software product s provided individually and collectively the SOFTWARE The term SOFTWARE includes to the extent provided by C1 1 any revisions updates and or upgrades thereto 2 any data image or executable files databases data engines computer software or similar items customarily used or distributed with computer software products 3 anything in any form whatsoever intended to be used with or in conjunction with the SOFTWARE and 4 any associated media documentation including physical electronic and online and printed materials the Documentation 2 This EULA is a Legally Binding Agreement Between You and C1 If you are acting as an agent of a company or another legal person suchas a
115. sly stated in Sections 2 a and 2 b above Recipient receives no rights or licenses to the intellectual property of any Contributor under this Agreement whether expressly by implication estoppel or otherwise All rights in the Program not expressly granted under this Agreement are reserved This Agreement is governed by the laws of the State of New York and the intellectual property laws of the United States of America No party to this Agreement will bring a legal action under this Agreement more than one year after the cause of action arose Each party waives its rights to a jury trial in any resulting litigation End of WIX 3 5 License Agreement 20120924 Perl Win32 API Import Facility License Agreement You are hereby granted a nonexclusive nontransferable license to use one copy of the furnished Software as provided Source code for the Standard Version of the software identified in this license may be obtained by sending a request to Mayfair Software at www mayfairsoftware com 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 DEALIN
116. t necessarily limited to Cuba Iran Iraq Libya North Korea Sudan and Syria You warrant and represent that neither the U S A Bureau of Export Administration nor any other U S A federal agency has suspended revoked or denied your right to receive possess or utilize this software 9 NOTE ON JAVA SUPPORT The software may contain support for programs written in Java Java technology is not fault tolerant and is not designed manufactured or intended for use or resale as on line control equipment in hazardous environments requiring fail safe performance suchas in the operation of nuclear facilities aircraft navigation or communication systems air traffic control direct life support machines or weapons systems in which the failure of Java technology could lead directly to death personal injury or severe physical or environmental damage 10 DISCLAIMER OF WARRANTY DEVEXPRESS expressly disclaims any warranty for the software THE SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT DEVEXPRESS DOES NOT WARRANT GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF CORRECTNESS ACCURACY RELIABILITY OR OTHERWISE THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU
117. t whom You file such action is referred to as Participant alleging that a such Participant s Contributor Version directly or indirectly infringes any patent then any and all rights granted by such Participant to You under Sections 2 1 and or 2 2 of this License shall upon 60 days notice from Participant terminate prospectively unless if within 60 days after receipt of notice You either i agree in writing to pay Participant a mutually agreeable reasonable royalty for Your past and future use of Modifications made by such Participant or ii withdraw Your litigation claim with respect to the Contributor Version against such Participant If within 60 days of notice a reasonable royalty and payment arrangement are not mutually agreed upon in writing by the parties or the litigation claim is not withdrawn the rights granted by Participant to You under Sections 2 1 and or 2 2 automatically terminate at the expiration of the 60 day notice period specified above b any software hardware or device other than such Participant s Contributor Version directly or indirectly infringes any patent then any rights granted to You by such Participant under Sections 2 1 b and 2 2 b are revoked effective as of the date You first made used sold distributed or had made Modifications made by that Participant 8 3 If You assert a patent infringement claim against Participant alleging that such Participant s Contributor Version directly or indirectly i
118. thout further action by the parties hereto such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable lf Recipient institutes patent litigation against a Contributor with respect to a patent applicable to software including a cross claim or counterclaim in a lawsuit then any patent licenses granted by that Contributor to such Recipient under this Agreement shall terminate as of the date such litigation is filed In addition if Recipient institutes patent litigation against any entity including a cross claim or counterclaim in a lawsuit alleging that the Program itself excluding combinations of the Program with other software or hardware infringes such Recipient s patent s Mayfair EULA for Agilis XFS for Opteva 2 April 2014 Page 47 of 47 then such Recipient s rights granted under Section 2 b shall terminate as of the date such litigation is filed All Recipient s rights under this Agreement shall terminate if it fails to comply with any of the material terms or conditions of this Agreement and does not cure such failure in a reasonable period of time after becoming aware of such noncompliance If all Recipient s rights under this Agreement terminate Recipient agrees to cease use of the Program as soon as reasonably practicable However Recipient s obligations under this Agreement and any licenses granted by Recipient relating to the Program shall continue and survive Except as expres
119. tial information and trade secrets and that unauthorized use and copying are harmful to EPSON and its software suppliers and that you have the confidential obligation on such valuable information and trade secrets 8 Limited Warranty With the exception of the limited ninety 90 day warranty commencing on the installation date that Software shall conform to the attached specifications the Software is provided AS IS and without warranty of any kind If the Software and dated proof of downloading are returned to EPSON within ninety 90 days of the date of downloading and if EPSON determines the Software to be seriously defective in any material performance described in such specification and provided the Software was not subject to misuse abuse misapplication or use in defective equipment EPSON will at its option 1 replace the Software or 2 restore the Software EXCEPT AS EXPRESSLY PROVIDED ABOVE THE SOFTWARE IS PROVIDED WITHOUT ANY IMPLIED WARRANTIES INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FORA PARTICULAR PURPOSE You expressly acknowledge and agree that use of the Software is at your sole risk In addition EPSON shall not be liable for any damages resulted from any use of the Application Software including but not limited to combination of the Software and the Application Software in any manner and form IN NO EVENT WILL EPSON OR ANY OTHER PARTY WHO HAS BEEN INVOLVED IN THE CREATION PRODUCTION OR DELIVERY
120. 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 12 212 or 48 C F R 227 2702 as applicable or successor provisions Manufacturer is Flexera Software Inc 1000 East Woodfield Road Suite 400 Schaumburg IL 60173 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
121. try ii to any end user who you know or have reason to know will utilize the Restricted Components in the design development or production of nuclear chemical or biological weapons or iii to any end user who has been prohibited from participating in U S export transactions by any federal agency of the U S government You warrant and represent that neither the BXA nor any other U S federal agency has suspended revoked or denied your export privileges DISCLAIMER OF WARRANTY NO WARRANTIES OR CONDITIONS MICROSOFT EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION FOR THE SOFTWARE PRODUCT THE SOFTWARE PRODUCT AND ANY RELATED DOCUMENTATION ARE PROVIDED AS IS WITHOUT WARRANTY OR CONDITION OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY FITNESS FORA PARTICULAR PURPOSE OR NONINFRINGEMENT THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH YOU LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN NO EVENT Mayfair EULA for Agilis XFS for Opteva 2 April 2014 Page 41 of 47 SHALL MICROSOFT 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 PROVISION
122. tware and the installation copying or use of the Software is a violation of Canadian U S and international copyright laws and conventions If you accept these terms for an organization on whose behalf you are authorized to act you may use the Software only on behalf of such organization If you intend to be personally bound use of the Software is limited to your personal use If you do not agree with the terms and conditions of this Agreement do not install copy or otherwise use the Software and promptly return the Software text files and any accompanying written materials the Documentation to the entity from which you obtained it 1 DEFINITIONS The Software is comprised of a set of developer tools and functionality that were used to assist with writing and compiling portions of certain application programs Computer System means any type of single computer or workstation containing no more than two central processing units CPU but does not include a computer that operates as a server in a client server architecture Any computer or workstation containing more than two CPUs shall be considered multiple Computer Systems for the purposes of this Agreement Install means to copy download or transfer any Software to the memory hard drive or storage device of or usable by any Computer System and Installation and Installed shall have corresponding meanings Installed Copy means a copy of Software that ha
123. ubsequent Contributor i changes to the Program and ii additions to the Program where such changes and or additions to the Program originate from and are distributed by that particular Contributor A Contribution originates from a Contributor if it was added to the Program by such Contributor itself or anyone acting on such Contributor s behalf Contributions do not include additions to the Program which i are separate modules of software distributed in conjunction with the Program under their own license agreement and ii are not derivative works of the Program Mayfair EULA for Agilis XFS for Opteva 2 April 2014 Page 46 of 47 Contributor means any person or entity that distributes the Program Licensed Patents mean patent claims licensable by a Contributor which are necessarily infringed by the use or sale of its Contribution alone or when combined with the Program Program means the Contributions distributed in accordance with this Agreement Recipient means anyone who receives the Program under this Agreement including all Contributors 2 GRANT OF RIGHTS a Subject to the terms of this Agreement each Contributor hereby grants Recipient a non exclusive worldwide royalty free copyright license to publicly display and publicly perform the Contribution of such Contributor if any and such derivative works in object code form b Subject to the terms of this Agreement each Contributor hereby grants Recipient a
124. vention designation 3 Trademarks and Logos You acknowledge and agree as between you and Sun that Sun owns the SUN SOLARIS JAVA JINI FORTE and iPLANET trademarks and all SUN SOLARIS JAVA JINI FORTE and iPLANET related trademarks service marks logos and other brand designations Sun Marks and you agree to comply with the Sun Trademark and Logo Usage Requirements currently located at http Awww sun com policies trademarks Any use you make of the Sun Marks inures to Sun s benefit 4 Termination for Infringement Either party may terminate this Agreement immediately should any Software become or in either party s opinion be likely to become the subject of a claim of infringement of any intellectual property right For inquiries please contact Sun Microsystems Inc 4150 Network Circle Mayfair EULA for Agilis XFS for Opteva 2 April 2014 Page 45 of 47 Santa Clara California 95054 LFl 143217 Form ID 011801 End of Java Communications API License Agreement 20110311 Cross Browser Expand Collapse ToC Menu Dieter Bungers GMD www gmd de and infovation www infovation de Author s Statement This script is based on ideas of the author You may copy modify and use it for any purpose The only condition is that if you publish web pages that use this script you point to its author at a suitable place and don t remove this Statement from it THE SOFTWARE IS PROVIDED AS IS WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KI
125. ware like any other copyrighted material except that you may install the software as described in this EULA 6 DUAL MEDIA SOFTWARE COMPONENT PRODUCT S You may receive the SOFTWARE COMPONENT PRODUCT S in more than one medium Regardless of the medium you may use only one medium that is appropriate for your single computer You may not loan sell rent lease or otherwise transfer in any manner the other medium to another user or entity 7 U S GOVERNMENT RESTRICTED RIGHTS The Licensed Software is Commercial Computer Software provided with RESTRICTED RIGHTS under Federal Acquisition Regulations and agency supplements to them Use duplication or disclosure by the U S Government is subject to restrictions as set forth in subparagraph c 1 ii of the Rights in Technical Data and Computer Software clause at DFAR 255 227 7013 et seq or 252 211 7015 or subparagraphs a through d of the Commercial Computer Software Restricted Rights at FAR 52 227 19 as applicable or similar clauses in the NASA FAR Supplement Contractor manufacturer is Developer Express Inc 801 N Brand Blvd Suite 850 Glendale CA 91203 8 EXPORT RESTRICTIONS DEVEXPRESS expressly complies with all export restrictions imposed by the government of the United States of America You must agree not to export or re export the software to any country person entity or end user in violation of any U S A export restrictions Restricted countries currently include but are no
126. y 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 1 Software License The Software is owned by Wave and is licensed to you on a non exclusive non sublicensable basis on the terms and conditions set forth in this Agreement Wave reserves all rights not expressly granted to you The following conditions and restrictions also apply a You may only use the Software and any updates thereto furnished by Wave in its sole discretion in object code form on a single ATM terminal owned or controlled by you for your own use b You may not modify copy distribute transmit duplicate or otherwise reproduce the Software except that you may make a single copy for back up purposes only which copy must contain all copyright and other proprietary notices present in the original Software Your license to the Software under this Agreement continues until it is terminated by you or Wave This Agreement will terminate automatically if you violate any of the terms or conditions of this Agreement c You may not reverse engineer disassemble modify or create derivative works as defined by the U S Copyright Act or improvements as defined by U S patent law from the Software or any portion thereof or seek to obtain intellectual prop
127. y reference to such Licensor or the Original Author as requested If You create a Derivative Work upon notice from any Licensor You must to the extent practicable remove from the Derivative Work any reference to such Licensor or the Original Author as requested 2 If you distribute publicly display publicly perform or publicly digitally perform the Work or any Derivative Works or Collective Works You must keep intact all copyright notices for the Work and give the Original Author credit reasonable to the medium or means You are utilizing by conveying the name or pseudonym if applicable of the Original Author if supplied the title of the Work if supplied to the extent reasonably practicable the Uniform Resource ldentifier if any that Licensor specifies to be associated with the Work unless such URI does not refer to the copyright notice or licensing information for the Work and in the case of a Derivative Work a credit identifying the use of the Work in the Derivative Work e g French translation of the Work by Original Author or Screenplay based on original Work by Original Author Such credit may be implemented in any reasonable manner provided however that in the case of a Derivative Work or Collective Work at a minimum such credit will appear where any other comparable authorship credit appears and in a manner at least as prominent as such other comparable authorship credit 5 Representations Warranties and Disclaimer U

Mayfair EULA for Agilis XFS for Opteva

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