eComStation 2.1 End User License Agreement

This text was taken from eCS Quick Install Guide qckguide.pdf

eComStation 2.1 End User License Agreement

READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE INSTALLING AND USING THIS COMPUTER SOFTWARE AND THE ACCOMPANYING USER DOCUMENTATION (THE "PROGRAM"). THE PROGRAM IS COPYRIGHTED AND LICENSED (NOT SOLD). BY INSTALLING THE PACKAGE CONTAINING 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 OF THIS LICENSE AGREEMENT, YOU SHOULD PROMPTLY RETURN THE PACKAGE TO THE PLACE OF PURCHASE TO ARRANGE FOR A REFUND OF YOUR PURCHASE. THIS LICENSE AGREEMENT REPRESENTS THE ENTIRE AGREEMENT CONCERNING THE PROGRAM BETWEEN YOU AND Mensys B.V. AND IT SUPERSEDES ANY PRIOR PROPOSAL, REPRESENTATION OR UNDERSTANDING BETWEEN THE PARTIES. NOTE: IF YOU ARE USING A PREVIEW COPY OF THIS SOFTWARE, YOU ARE REQUIRED TO INSTALL THE
GENERALLY RELEASED PRODUCT. AT THAT TIME, NO FURTHER USE OF THE PREVIEW SOFTWARE IS AUTHORIZED.

Product versions:
The following eComStation 2.1 versions are available:

•

The Home & Student version can be used by any private or small office user. As a private or small office user, you are allowed to have up to 5 licenses installed for production usage. If you need to install more than 5 licenses, you are required to purchase the Business Edition.

License Grant:
Licensor hereby grants to you, and you accept, a nonexclusive license to use the Program and the computer programs contained therein in machine readable, object code form only (collectively referred to as the "Software", see Information About Your Software, later on this document) and the accompanying User Documentation, only as authorized in this License Agreement. A license for each copy of eComStation is required for each computer owned, leased, or otherwise controlled by you; or in the event of the interoperability of that computer, on a backup computer selected by you. Neither concurrent use on two or more computers nor use in a local area network or other network is permitted without separate authorization and the payment of other license fees.
In addition to your primary computer, eComStation may be stored on secondary machine, such as a home or portable computer, provided that eComStation is not in active use on both machines at the same time. This would expressly prohibit running VNC eComStation on the primary computer from the secondary machine, a home or portable computer. You agree that you will not assign, sublicense, transfer, pledge, lease, rent, or share your rights under this License Agreement without permission from Mensys B.V. You agree that you may not reverse assemble, reverse compile, or otherwise translate the Software.
A program is considered in use when it resides in memory or is otherwise stored in the machine. A program stored on a network server solely for the purpose of being distributed to other machines is not considered to be in use, but your use may not exceed the total number of users authorized. You may transfer all your rights and obligations under this license to another party. To transfer such rights and obligations, you must transfer an unaltered copy of this license agreement.
Upon loading the Software into your computer, you may retain the Program Media for backup purposes. In addition, you may make one copy of the Software on a second set of media for the purpose of backup in the event the Program media is damaged or destroyed. You may make one copy of the User's Manual for backup purposes. Any such copies of the Software or the User's Manual shall include Licensor's copyright and other proprietary notices. Except as authorized under this paragraph, no copies of the Program or any portions thereof may be made by you or any person under your authority or control.

Licensor's Rights:
You acknowledge and agree that the Software and the User's Manual are proprietary products of Licensor protected under European Union copyright law and other countries as appropriate. You further acknowledge and agree that all rights, title and interest in and to the Program, including associated intellectual property rights, are and shall remain with Licensor. This License Agreement does not convey to you an interest in or to the Program, but only a limited right of use revocable in accordance with the terms of this "License Agreement."

License Fees:
The license fees paid by you are paid in consideration of the licenses granted under this License Agreement. Payments must be made to Mensys B.V., or designated distributors and resellers from whom you acquired eComStation. You agree to notify Mensys B.V., or its distributors or resellers and pay any applicable charges if you change the number of users.

Term:
This License Agreement is effective upon your installation and use of this package and shall continue until terminated. You may terminate this License Agreement at any time by returning the Program and all copies thereof, save one copy which may be kept for your archive and extracts therefrom to Licensor. Licensor may terminate this License Agreement upon the breach by you of any term hereof. Upon such termination by Licensor, you agree to return to Licensor the Program and all copies and portions thereof.

Limited Warranty:
Licensor warrants, for your benefit alone, for a period of 90 days from the date of commencement of this License Agreement (referred to as the "Warranty Period") that the Program media in which the Software is contained are free from defects in material and workmanship. Licensor further warrants, for your benefit alone, that during the Warranty Period the Program shall operate substantially in accordance with the functional specifications in the User's Manual. Mensys B.V. does not warrant uninterrupted or error-free operation of eComStation.
If during the Warranty Period, a defect in the Program appears, you may return the Program to your distributor for either replacement or, if so elected by distributor, refund of amounts paid by you under this License Agreement. You agree that the foregoing constitutes your sole and exclusive remedy for breach by Licensor of any warranties made under this Agreement.
EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, THE PROGRAM AND THE SOFTWARE CONTAINED THEREIN, ARE LICENSED "AS IS," AND LICENSOR DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability:
Licensor'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 shall not exceed the license fee paid to Licensor for the use of the Program. In no event shall Licensor be liable for any indirect, incidental, consequential, special, or exemplary damages or lost profits, even if Licensor has been advised of the possibility of such damages. THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIALDAMAGES, MAY BE CONTROLLED BY LOCAL REGULATION, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Trademark:
eComStation, eComServer are trademarks of Licensor. 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.

Governing Law:
This License Agreement shall be construed and governed in accordance with the laws of the applicable jurisdiction.

Costs of Litigation:
If any action is brought by either party to this License Agreement against the other party regarding the subject matter hereof, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorney fees and expenses of litigation, as appropriate under applicable jurisdiction.

Severability:
Should any term of this License Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof.

No Waiver:
The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.

Information About Your Software:
eComStation 2.1 includes a license to use the following products with eComStation:

•

Third Party Work:
eComStation contains driver(s) and application(s) belonging to a Third Party, hereinafter referred to as Third Party Work (TPW). TPW is licensed to Mensys B.V. for distribution with eComStation from the following companies and or persons (hereinafter referred to as the licensor):

•

In accordance with the agreements with HST, and Eicon, we must inform you that:

The HST and Eicon ISDN drivers you receive with eComStation may not be installed on systems without a valid eComStation license.

In accordance with the agreement with Creative Technology Ltd., we must inform you that:

The supplied SB 16 and SB AWE 32/64 may only be used with Creative products. All copyrights, patents, trademarks belong to the respective licensor(s) of the TPW. The TPW is provided on an "AS IS" basis. No warranty of any kind is offered, and no claim of suitability for use on any system should be assumed. None of the drivers that come with eComStation can be redistributed, and may not be uploaded to FTP servers.

eComStation 2.1 contains the Doodle Screen Saver.
This software has been tested and found stable. However this screen saver should not be used on mission critical systems such as MEDICAL, NUCLEAR, AVIATION, NAVIGATION, MILITARY, OR OTHER HIGH RISK APPLICATIONS.
The screen saver displays animations. These animations may contain certain flashing lights and/or light patterns. A very small percentage of people may experience epileptic seizures when exposed to certain patterns or backgrounds. Certain conditions can trigger previously unnoticed epileptic symptoms even with people who have no history of prior seizures or epilepsy. If any of the people for who this computer is accessible and/or visible and has an epileptic condition, consult your physician prior to using the screen saver.
If you experience any of the following symptoms (after or while looking at the screen saver) - dizziness, eye and/or muscle twitches, altered vision, loss of awareness, being disorientated, or convulsions - IMMEDIATELY switch off the Doodle screen saver and consult your physician.

eComStation 2.1 contains Quickmotion 2.0 and the Anpo video codecs.
In accordance with the agreement with Andreas Portelo, we must inform you that:

http://www.ecomstation.com/support

eComStation 2.1 contains network card drivers from Intel:
Usage of these drivers is under the following conditions:
This Software is licensed for use only in conjunction with Intel component products. Use of the Software in conjunction with non-Intel component products is not licensed hereunder. You may not reverse engineer, decompile, or disassemble the Software.
NO OTHER RIGHTS. No rights or licenses are granted by Intel to You, expressly
or by implication, with respect to any proprietary information or patent, copyright, mask work, trademark, trade secret, or other intellectual property right owned or controlled by Intel, except as expressly provided in this Agreement.
OWNERSHIP OF SOFTWARE AND COPYRIGHTS. Title to all copies of the Software remains with Intel or its suppliers. The Software is copyrighted and protected by the laws of the United States and other countries, and international treaty provisions. You may not remove any copyright notices from the Software. Intel may make changes to the Software, or to items referenced therein, at any time without notice, but is not obligated to support or update the Software. Except as otherwise expressly provided, Intel grants no express or implied right under Intel patents, copyrights, trademarks, or other intellectual property rights. You may transfer the Software only if the recipient agrees to be fully bound by these terms and if you retain no copies of the Software.
EXCLUSION OF OTHER WARRANTIES. EXCEPT AS PROVIDED ABOVE, THE SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
Intel does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the Software.
LIMITATION OF LIABILITY. IN NO EVENT SHALL INTEL OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, OR LOST INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF INTEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

eComStation contains Network drivers from Ralink:
RALINK SOFTWARE END USER LICENSE AGREEMENT
Copyright (C) RALINK TECHNOLOGY, CORP. All Rights Reserved.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by 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 End-User License Agreement grants you the following rights:
(1)Installation and Use. You may install and use an unlimited number of copies of the SOFTWARE PRODUCT. (2)Reproduction and Distribution. You may reproduce and distribute an unlimited number of copies of the SOFTWARE PRODUCT; provided that each copy shall be a true and complete copy, including all copyright and trademark notices, and shall be accompanied by a copy of this EULA. Copies of the SOFTWARE PRODUCT may be distributed as a standalone product or included with your own product.
2.DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
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. Hardware Requirements: You must have a RALINK Wireless product.
The Ralink Drivers are provided with eComStation on an AS-IS basis

eComStation 2.1 contains network card drivers from Marvell Yukon:
The Proprietary Deliverables are proprietary to Marvell and Mensys B.V. Subject to Mensys B.V. compliance with the terms and conditions of this agreement, Marvell hereby grants Mensys B.V., during the term of this Agreement, a worldwide, non-transferable, non-exclusive, revocable, royalty-free limited license to (i) use and reproduce the Proprietary Deliverables solely for development of Mensys B.V. and/or Mensys B.V.; and (ii) reproduce, have reproduced, display, perform, transmit, license, import, export, rent, lease and distribute through multiple tiers of distribution the Proprietary Deliverables, in binary or executable form, solely as incorporated into Mensys B.V. Product and/or Mensys B.V. Software or distributed solely for use with Mensys B.V. Products. No license is granted in any human readable (source) code of the Marvell network card drivers. The Marvell Drivers are provided with eComStation on an AS-IS basis. All rights remain owned by Marvell.

eComStation 2.1 contains the MMIO FLAC codec (multimedia):
Copyright 2001-2003 by Josh Coalson and Russell O'Connor. This library is free software; you can redistribute it and/or modify it under the terms of the GNU Lesser General Public License as published by the Free Software Foundation; either version 2.1 of the License, or (at your option) any later version. This library is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the it under the terms of the GNU Lesser General Public License for more details.

eComStation 2.1 contains the MMIO OGG Vorbis codec (multimedia):
This program is Copyright 2001-2003 by Xiphophorus and Russell O'Connor. 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 Xiphophorus 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 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 AN 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 full source code of the the two above codecs can be downloaded from:
http://math.berkeley.edu/~roconnor/MMAudioPak/

eComStation contains components of the Netscape 4.61 plugin pack.
The components covered by this are the OpenMPEG codec in MMeCS and the browser plugins. These components are not supported by IBM.

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