GB-OS System Software License
GTA-LIC-GB2008
READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY
BEFORE USING THIS SOFTWARE OR THE ACCOMPANYING USER DOCUMENTATION
(THE "PROGRAM"). THE PROGRAM IS COPYRIGHTED AND LICENSED (NOT
SOLD). BY USING THE PROGRAM, YOU ARE ACCEPTING AND AGREEING TO
THE TERMS OF THIS LICENSE AGREEMENT. IF YOU ARE NOT WILLING TO BE
BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT,
PROMPTLY RETURN THE UNUSED PROGRAM WITHIN TEN (10) DAYS AND YOU
WILL RECEIVE A FULL REFUND OF THE AMOUNTS YOU PAID FOR THE USE OF
THE PROGRAM.
Global Technology Associates, Inc.
License Agreement for GB-OS
16 February 2009
The enclosed Licensed Program ("Software") from Global Technology
Associates, Inc. ("GTA") contains modules contributed by or
licensed from other third parties. Copyrights in the Software are
claimed by GTA, The Regents of the University of California (the
"Regents") and other contributors as indicated by proprietary
notices located within their respective modules.
Copyright 1996-2009 Global Technology Associates, Inc. All
rights reserved.
1. License Grant. Under the terms of this license, you are hereby
granted and you accept a non-exclusive license to use the Software and
the accompanying user documentation ("User's Guide") only as
authorized in this license agreement. This license agreement allows
you to run one copy of the Software on a single system (the "System")
only. In addition, you may make copies of the Software in machine-
readable form for backup purposes only in the event that the supplied
Media are damaged or destroyed. All copies of the Software must be
kept in your possession and are the property of GTA. Any such copies
of the Software and the User's Guide shall include the GTA copyright
notice and other proprietary notices as contained in the original
materials licensed to you. Except as authorized under this paragraph,
no copies of the Software or User's Guide or any portions thereof may
be made by you or any person under your authority or control.
2. Restrictions. You agree that you will not assign, sublicense,
transfer, pledge, lease, rent, or share your rights under this License
Agreement. You agree that you may not reverse engineer, reverse
assemble, reverse compile, or otherwise translate the Software. You
may not modify, distribute or create derivative works based on the
Software in whole or part. You agree that you may not reverse
engineer, reverse assemble or attempt to duplicate any copy protection
mechanism.
3. Licensor's Rights. You acknowledge and agree that the Software
and the User's Guide are proprietary products of GTA and/or GTA's
licensors protected under U.S. Copyright law. You further agree that
all right, title and interest in and to the Software, including
associated intellectual property rights, are and shall remain with GTA
and/or GTA's licensors.
4. Term. This license will terminate immediately without notice from
GTA if you fail to comply with any provision of this license
agreement. Upon such termination, you agree to return to GTA or
destroy all copies of the Software and User's Guide, along with any
backup or other copies in your possession and a signed statement to
the effect that no other customer-made copies are in existence.
5. Limited Warranty.
5.1. GTA warrants, for your benefit alone, that the Media on which the
Software is contained is free from defects in material and workmanship
under normal use for a period of thirty (30) days from the date of
delivery (referred to as the "Warranty Period"). GTA's entire
liability and your exclusive remedy if the Media is defective, and
which is returned to GTA, shall be the replacement of the Software
during the warranty period.
5.2. GTA warrants, for your benefit alone, that during the Warranty
Period the Software shall operate substantially in accordance with the
functional specifications in the User's Guide. If during the Warranty
Period, a defect in the Software appears, GTA's sole obligation under
this warranty shall be limited to either replacement of the Software
or using reasonable efforts to correct such defects and provide you
with a corrected version of such Software as soon as practicable after
you have notified GTA of such defects. GTA does not warrant that
operation of any of the Software shall be error-free or uninterrupted
or the Software will meet your requirements.
5.3. This Limited Warranty is void, if failure of the Software or
Media is the result of accident, abuse or misapplication.
5.4. Except for the warranties set forth above, the Software is
licensed "as is" and GTA specifically disclaims any and all other
warranties, whether express or implied, including, without limitation,
any implied warranties of merchantability or fitness for a particular
purpose.
6. Limitation of Liability. In no event shall GTA's cumulative
liability to you or any other party for any loss or damages resulting
from any claims, demands, or actions arising out of or relating to
this Agreement exceed the amount paid by you for use of the Software.
IN NO EVENT SHALL GTA BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR LOST PROFITS, EVEN IF
GTA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES
DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT
APPLY TO YOU.
7. Trademark. GNAT Box is a registered trademark of GTA. No right,
license, or interest to such trademark is granted hereunder, and you
agree that no such right, license, or interest shall be asserted by
you with respect to such trademark.
8. U.S. Government Restricted Rights. The Licensed Program is
"Restricted Computer Software" as that term is defined in Clause
55.227-19 of the Federal Acquisition Regulations ("FAR") and is
"Commercial Computer Software" as that term is defined in Subpart
227.401 of the Department of Defense Federal Acquisition Regulation
Supplemental ("DFARS"). If the Licensed Program is supplied to the
Department of Defense ("DoD"), it is classified as "Commercial
Computer Software" and the Government is acquiring only "restricted
rights" in the Licensed Program and its documentation as that term is
defined in Clause 252.227-7013 of the DFARS. If the Licensed Program
is supplied to any unit or agency of the United States Government
other than the DoD, the Government's rights in it and its
documentation will be as defined in Clause 55.227-7013. Where the
terms and conditions of this Software License Agreement conflict in
any manner with the FAR or DFARS, the terms and conditions specified
herein shall take precedence.
Under the terms of this license, you are required to include
the foregoing restrictions in all license agreements with the
United Stated government or any subdivision thereof and in all
sublicense agreements with other third parties which permit
further sublicense of the Licensed Program for eventual end-use
by the United States government or any subdivision thereof.
9. Governing Law and Severability. This license agreement shall be
governed by and construed in accordance with the laws of the State of
Florida. Should any term of this license agreement, or portion
thereof, be declared void or unenforceable by any court of competent
jurisdiction, such declaration shall have no effect on the remaining
terms thereof.
10. Compliance with Law; Export. You agree not to export or re-export
the Software and other technical data received from GTA (i) into (or
to a national or resident of) Cuba, Iraq, Libya, Sudan, North Korea,
Iran, Syria or any other country to which the U.S. has embargoed
goods; or (ii) to anyone on the U.S. Treasury Department's list of
Specially Designated Nationals or the U.S. Commerce Department's Table
of Denial Orders. By using the Software, you are agreeing to the
foregoing and you are representing and warranting that you are not
located in, under the control of, or a national or resident of any
such country or on any such list.
11. Complete Agreement. You acknowledge that you have read this
agreement and understand it and agree to be bound by its terms and
conditions. You further agree that it is the complete and exclusive
statement of the agreement between GTA and you which supersedes any
proposal or prior written agreement, oral or written, and any other
communications between us relating to the subject matter of this
agreement. No amendment to or modification of this agreement will be
binding unless in writing and signed by a duly authorized
representative of GTA.
12. The Regents Copyright and Disclaimer. © Copyright 1979, 1980,
1983, 1986, 1988, 1989, 1991, 1992, 1993, 1994 The Regents of the
University of California. All rights reserved. This product includes
software developed by the University of California, Berkeley and its
contributors.
THIS SOFTWARE IS PROVIDED BY THE REGENTS 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 THE
REGENTS OR 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.
The views and conclusions contained in the software and
documentation are those of the authors and should not be
interpreted as representing official policies, either expressed
or implied, of the Regents of the University of California.
|
Copyright © 2013 Global Technology Associates, Inc. All rights reserved.
'GB-OS' and 'GB-Ware' are registered trademarks of Global Technology Associates, Incorporated.
'Global Technology Associates' and 'GTA' are service marks of Global Technology Associates, Incorporated.
'Global Technology Associates' and 'GTA' are service marks of Global Technology Associates, Incorporated.
