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NeTraverse Inc. End User License Agreement
Win4Lin(tm)
IMPORTANT - READ CAREFULLY: This NeTraverse Inc. End User License
Agreement ("Agreement") is a legal agreement between you (either an
individual or a single entity) and NeTraverse Inc. for the use of the
software product Win4Lin.
BY INSTALLING THIS SOFTWARE, YOU AGREE TO THE FOLLOWING TERMS.
The software program(s) and related documentation that you are about
to install (collectively, the "Software") are a proprietary product of
NeTraverse Inc. By installing the Software, you acknowledge that you
have read these terms and agree to be bound by them. If you do not
agree to any of these terms, you should not install the Software, and
you must delete all copies of the Software.
1. Ownership: NeTraverse and its suppliers retain ownership of all
patents, copyrights, trademarks, trade secrets and other proprietary
rights relating to or residing in the Software. You acquire no
rights, express or implied, in the Software other than the limited
right to use the Software as expressly specified in this Agreement.
2. License: Subject to the terms and conditions of this Agreement and
your payment of the applicable license fee, NeTraverse grants you a
limited, non-exclusive, non-transferable, personal license to use the
Software in conjunction with the Linux(r) operating system. You may
use the Software on a single computer.
3. Use of Microsoft(r) Windows(r) NeTraverse does not supply a
license for the use of Microsoft Windows. You are required to have a
Microsoft Windows license and access to Microsoft Windows installation
media to use the NeTraverse Win4Lin Software.
4. Backup Copy: You may make only one (1) copy of the Software solely
for backup or archival purposes. With the exception of the foregoing,
you may not copy the Software.
5. Restrictions: You may not modify or create derivative works of the
Software. You may not distribute, sell, assign, sublicense, lease,
loan, rent, timeshare or otherwise transfer the Software or your right
to use the Software to any other person or entity. You may not remove
or alter any trademark, logo, product identification, copyright notice
or other notice on the Software. Since the source code for the
Software constitutes a valuable trade secret of NeTraverse, you may
not derive or attempt to derive the source code by any means such as
reverse engineering, decompilation or disassembly. You may not permit
or cause anyone else to do anything prohibited by this paragraph or
Agreement.
6. No Warranty: THE SOFTWARE IS LICENSED TO YOU "AS IS" AND "WITH ALL
FAULTS," WITHOUT WARRANTY OF ANY KIND. NETRAVERSE AND ITS SUPPLIERS
DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED AND STATUTORY, INCLUDING
WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. THE
ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH
YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO
THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
7. Consequential Damages: NETRAVERSE AND ITS SUPPLIERS SHALL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL,
INCIDENTAL OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) UNDER
ANY THEORY OF LIABILITY, EVEN IF NETRAVERSE HAS BEEN ADVISED OF THE
POSSIBILITY OF THE SAME. YOU ACKNOWLEDGE THAT THIS LIMITATION OF
LIABILITY IS REASONABLE, AND THAT THIS LIMITATION OF LIABILITY IS A
FUNDAMENTAL PART OF THIS AGREEMENT WITHOUT WHICH NETRAVERSE WOULD BE
UNWILLING TO LICENSE THE SOFTWARE TO YOU. SOME STATES DO NOT ALLOW
THE EXCLUSION OF CERTAIN DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY
TO YOU.
8. Limit of Liability: NeTraverse's total liability to you arising
from the Software or this Agreement shall be limited to the total
amount you have paid to NeTraverse under this Agreement.
9. Government End Users: If you are an agency or instrumentality of
the United States Government, the Software and its related
documentation are "commercial computer software" and "commercial
computer software documentation," and pursuant to FAR 12.212 or DFARS
227.7202, and their successors, as applicable, the use, reproduction
and disclosure of the Software and documentation are governed by the
terms of this Agreement.
10. Term: You may terminate this Agreement at any time by destroying
all copies of the Software, whether in electronic form or embodied in
a physical medium. This Agreement will terminate immediately and
automatically if you breach any of the terms of this Agreement. When
you no longer have a license to use the Software, you must immediately
discontinue use of the Software and erase the Software from your
computer. Paragraphs 1, 6, 7, 8, 10 and 12 shall survive termination
of this Agreement.
11. Audit Right: NeTraverse has the right to audit your use of the
Software to ensure compliance with the terms of this Agreement.
12. General: This Agreement is made and entered into in Travis
County, and will be subject to the laws of the State of Texas, USA,
without regard to choice of law principles. If any provision of
this Agreement is unenforceable under applicable law, such provision
will be deemed modified so as to be enforceable within the limits of
applicable law and the other provisions of this Agreement will remain
in full force and effect. This Agreement constitutes the entire
agreement between you and NeTraverse regarding your use of the
Software and may be modified only in a written agreement signed by
both you and NeTraverse. You must agree to all of the foregoing terms
if you wish to install the Software.
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