add missing die

[~andy/sunrise] / licenses / lightscribeSDK

LIGHTSCRIBEae SOFTWARE DEVELOPMENT TOOLKIT LICENSE AGREEMENT



USE OF THE HP SOFTWARE IDENTIFIED ABOVE (THE ``SOFTWARE'') INCLUDING,
WITHOUT LIMITATION, ANY DOCUMENTATION, AND ANY OTHER SOFTWARE PRODUCTS
BUNDLED WITH OR EMBEDDED IN THE SOFTWARE (COLLECTIVELY, THE ``ANCILLARY
SOFTWARE''), IS SUBJECT TO THE LICENSE TERMS SET FORTH BELOW AND THE
APPLICABLE ``AS-IS WARRANTY STATEMENT'' PROVIDED AS A SEPARATE DOCUMENT.
YOU SHOULD READ ALL THE TERMS OF THIS AGREEMENT CAREFULLY.  YOU WILL BE
ASKED TO REVIEW AND EITHER ACCEPT OR NOT ACCEPT ALL OF THE TERMS OF THIS
AGREEMENT. 



HP HAS IDENTIFIED ANCILLARY SOFTWARE BY EITHER NOTING THE RELEVANT
PARTY'S OWNERSHIP WITHIN EACH ANCILLARY SOFTWARE PROGRAM FILE AND/OR BY
PROVIDING INFORMATION IN THE ``RELEASE_NOTES.TXT'' FILE THAT IS PROVIDED
AS PART OF THE DOWNLOAD OF THE SOFTWARE. YOUR USE OF ANY ANCILLARY
SOFTWARE shall be governed by That party's license agreement
(``ancillary software license'') and not by this Agreement EXCEPT THAT
THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES PROVISIONS
CONTAINED IN THE ``AS-IS WARRANTY STATEMENT'' FOR THE SOFTWARE SHALL
CONTINUE TO APPLY TO SUCH ANCILLARY SOFTWARE. THE LICENSES FOR THE
ANCILLARY SOFTWARE ARE INCLUDED IN such ancillary software AND/OR SET
FORTH IN THE ``ANCILLARY.TXT'' FILE THAT IS PROVIDED AS PART OF THE
DOWNLOAD OF THE SOFTWARE. IF YOU CHOOSE TO ACCEPT THIS AGREEMENT WITHOUT
REVIEWING SUCH ANCILLARY SOFTWARE LICENSES OR OTHER TERMS, YOU WILL BE
DEEMED TO HAVE ACCEPTED SUCH ANCILLARY SOFTWARE LICENSES OR OTHER TERMS.




IF YOU (``CUSTOMER'') AGREE TO BE BOUND BY AND COMPLY WITH ALL THE TERMS
OF THIS AGREEMENT (INCLUDING THE ``AS-IS WARRANTY STATEMENT'' AS WELL AS
ANY TERMS OR CONDITIONS CONTAINED IN ANY OTHER LICENSE AGREEMENT THAT IS
IDENTIFIED IN THE SOFTWARE OR REFERENCED IN THE ``ANCILLARY.TXT'' FILE),
YOU MUST CLICK THE BUTTON OR, IF A BOX IS PROVIDED IN LIEU OF A BUTTON
PLACE A CHECK IN THE APPLICABLE BOX, INDICATING THAT YOU AGREE TO THE
TERMS AND CONDITIONS OF THIS AGREEMENT.  IF YOU DO NOT AGREE TO BE BOUND
BY ALL THE TERMS OF THIS AGREEMENT- (INCLUDING THE ``AS-IS WARRANTY
STATEMENT'' AS WELL AS ANY TERMS OR CONDITIONS CONTAINED IN ANY OTHER
LICENSE AGREEMENT THAT IS IDENTIFIED OR REFERENCED IN THE IN THE
SOFTWARE ``ANCILLARY.TXT'' FILE), HP IS UNWILLING TO GRANT YOU ANY
RIGHTS TO USE THE SOFTWARE, AND YOU MUST STOP INSTALLING THE SOFTWARE
AND INDICATE YOUR REJECTION OF THIS AGREEMENT BY NOT CLICKING THE
BUTTON, OR IF A BOX IS PROVIDED IN LIEU OF A BUTTON BY NOT PLACING A
CHECK IN THE APPLICABLE BOX. NOTWITHSTANDING THE FOREGOING, INSTALLING
OR OTHERWISE USING THE SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE
LICENSE TERMS. IF YOU ARE AGREEING TO THE TERMS OF THIS AGREEMENT
(INCLUDING THOSE TERMS AND CONDITIONS REFERRED TO IN THE SOFTWARE OR IN
THE ``ANCILLARY.TXT'' FILE) ON BEHALF OF YOUR EMPLOYER OR PRINCIPAL, THE
LICENSE GRANTED AND THE APPLICABLE RESTRICTIONS AND LIMITATIONS APPLY TO
YOUR EMPLOYER OR PRINCIPAL AS WELL AS TO YOU AS AN AGENT OF YOUR
EMPLOYER OR PRINCIPAL. SHOULD YOU CEASE WORKING FOR YOUR EMPLOYER OR
PRINCIPAL, YOUR EMPLOYER OR PRINCIPAL MAY CONTINUE TO OPERATE UNDER THIS
AGREEMENT.



LICENSE TERMS



Subject to any rights, limitations and obligations set forth in the
license terms for the Ancillary software whether or not included in the
Files.txt or ANCILLARY.TXT files:



LICENSE GRANT

HP grants Customer a worldwide, non-exclusive, non-transferable license
to use the Software on any one computer. Customer may not network the
Software or otherwise use it on more than one computer. Customer may
make copies or adaptations of the Software (a) for archival purposes or
(b) when copying or adaptation is an essential step in the use of the
Software with a computer so long as the copies and adaptations are used
in no other manner.

     LICENSE TO DEVELOP



        HP grants Customer a worldwide, non-exclusive, non-transferable license
to use the Software for the     development of Customer applications (the
``Applications'') and reproduce and distribute the Applications to 
third party end users provided that Customer:  (i) does not redistribute
the Software in whole or in part, either        separately or included in any
Application except as authorized in the License to Distribute below, and
(ii)    agrees to       indemnify, hold harmless, and defend HP and its
licensors from and against any claims or lawsuits,      including attorney's
fees, that arise or result from the use or distribution of any and all
Applications developed  through the use of the Software.



      LICENSE TO DISTRIBUTE



        HP grants Customer a worldwide, non-exclusive, non-transferable license
to reproduce and distribute the         libraries contained in the Software
(the ``Libraries'') to third party end users either separately with or
as a    component of its Applications provided that Customer:  (i)
distributes the Libraries complete and unmodified,      and (ii) does not
remove or alter any proprietary legends or copyright notices contained
in or on the Libraries.



      NO LICENSE TO TRADEMARKS

        

HP does not grant Customer any right or license to use or display the
LightScribe mark or logo. Customer may only make fair, accurate,
truthful and otherwise lawful references or statements to the
LightScribe technology, such as "compatible with LightScribe". However,
Customer may not suggest it is authorized or licensed by HP, e.g.
"LightScribe Approved".

     

1.      GENERAL TERMS FOR THE SOFTWARE

a)      Software is owned and copyrighted by HP or by third party suppliers.
Customer's license to Use the Software confers no title or ownership and
is not a sale of any rights in the Software. Third party suppliers are
intended beneficiaries under this Agreement and may protect their rights
in the Software directly against the Customer.

b)      Customer has no right to rent, lease, time share, or otherwise
transfer the rights to the Software without the written consent of the
owner of the Software. Customer may not copy the Software onto any
public or distributed network.

c)      Customer must reproduce all copyright notices and other proprietary
legends in or on the original Software on all permitted copies or
adaptations. You may not remove from the Software, or alter, any of the
trademarks, trade names, logos, patent or copyright notices or markings,
or add any other notices or markings to the Software. 

d)      HP shall have no obligation to provide support for the Software. This
license does not entitle you to receive upgrades, updates or technical
support. HP reserves the right to require additional licenses and fees
for Use of the Software on a different computer or device, or on the
class or series of equipment.

e)      Customer will not modify, disassemble, decompile, decrypt, or
otherwise attempt to access or determine the source code of the Software
(including any products not specifically enumerated in the files.txt or
ancillary.txt files) without HP's prior written consent. Where Customer
has other rights under statute, Customer will provide HP with reasonably
detailed information regarding any intended disassembly or
decompilation. Customer will not decrypt the Software unless necessary
for legitimate use of the Software. 

f)      HP may terminate Customer's license to Use the Software upon notice
for failure to comply with any applicable Software license terms or at
any time for any reason whatsoever. Immediately upon termination, all
copies of the Software will be destroyed or returned to HP. Customer
shall remove, destroy or return to HP all copies of the Software that
are merged into adaptations, except for individual pieces of data in
Customer's database. With HP's prior written consent, one copy of the
Software may be retained subsequent to termination for archival
purposes.

g)      The Software may only be compatible with certain hardware platforms
and/or operating systems. Customer acknowledges and agrees that Customer
has the sole responsibility to independently obtain and independently
license and/or acquire the system requirements.

h)      HP, or its designee(s), shall, during regular business hours at
Customer's offices and in such a manner that does not interfere with
Customer's normal business activities, have the right to inspect and
audit, or have an inspection and audit, of the number of copies of
Software Used by Customer, the computers on which the Software, if any,
is installed and the number of users Using any such Software.  HP's
audit rights shall not terminate or expire until three (3) years after
termination or expiration of this Agreement.

i)      In the following provision regarding Software licenses to the U.S.
Government, the term "Customer" means HP's direct licensee and the
end-user.

1)      If Software is licensed for use in the performance of a U.S
government prime contract or subcontract, Customer agrees that Software
has been developed entirely at private expense. Customer agrees that
Software, and any derivatives or modifications, is adequately marked
when the Restricted Rights Legend below is affixed to the Software or to
its storage media and is perceptible directly or with the aid of a
machine or device. Customer agrees to conspicuously put the following
legend on the Software media with Customer's name and address added
below the notice:

RESTRICTED RIGHTS LEGEND



Use, duplication or disclosure is subject to HP standard commercial
license terms and for non-DOD Departments and Agencies of the U.S.
Government, the restrictions as set forth in FAR 52.227-19(c)(1-2)(Jun
1987).



Hewlett-Packard Company

  3000 Hanover Street 

    Palo Alto ,   CA    94304    U.S.A.  



Copyright (c)  2005 Hewlett-Packard Development Company.

2)      Customer further agrees that Software is delivered and licensed as
"Commercial computer software" as defined in DFARS 252.227-7014(Jun
1995) or as a "commercial item" as defined in FAR 2.101(a), or as
"Restricted computer software" as defined in FAR 52.227-19 (Jun 1987)
(or any equivalent agency regulation or contract clause), whichever is
applicable. The Customer agrees that it has only those rights provided
for such Software by the applicable FAR or DFARS clause or the HP
standard software agreement for the product involved.

2.      GENERAL

a)      Customer may not assign or transfer this Agreement or any rights or
obligations hereunder without prior written consent of HP. Any such
attempted assignment or transfer will be null and void.  HP may
terminate this Agreement in the event of any such attempted assignment
or transfer.

b)      Customer may not export or re-export this Software or any copy or
adaptation in violation of any applicable laws or regulations. Without
limiting the generality of the foregoing, hardware, software, technology
or services provided under this license agreement may not be exported,
reexported, transferred or downloaded to or within (or to a national
resident of) countries under U.S. economic embargo including the
following countries: Afghanistan (Taliban-controlled areas), Cuba, Iran,
Iraq, Libya, North Korea, Sudan and Syria.  This list is subject to
change.

Hardware, software, technology or services may not be exported,
reexported, transferred or downloaded to persons or entities listed on
the U.S. Department of Commerce Denied Persons List, Entity List of
proliferation concern or on any U.S. Treasury Department Designated
Nationals exclusion list, or to parties directly or indirectly involved
in the development or production of nuclear, chemical, biological
weapons or in missile technology programs as specified in the U.S.
Export Administration Regulations (15 CFR 744).   

By accepting this license agreement you confirm that you are not located
in (or a national resident of) any country under U.S. economic embargo,
not identified on any U.S. Department of Commerce Denied Persons List,
Entity List or Treasury Department Designated Nationals exclusion list,
and not directly or indirectly involved in the development or production
of nuclear, chemical, biological weapons or in missile technology
programs as specified in the U.S. Export Administration Regulations.

c)      This Agreement shall be construed in accordance with the laws of the
State of California, without regard to conflict of laws principles. The
United Nations Convention on Contracts for the International Sale of
Goods is specifically disclaimed. 

d)      If any term or provision herein is determined to be illegal or
unenforceable, the validity or enforceability of the remainder of the
terms or provisions herein will remain in full force and effect. Failure
or delay in enforcing any right or provision of this Agreement shall not
be deemed a waiver of such right or provision with respect to any
subsequent breach. Provisions herein, which by their nature extend
beyond the termination of any license of Software, will remain in effect
until fulfilled. 

e)      Customer acknowledges that obtaining and maintaining accurate
Customer information, including but not limited to name and requested
contact information, ("Account Information") is critical to the
successful management of each Software license, which may include, but
may not be limited to, managing updates and providing support (as
applicable and under separate agreement) and investigating property
right infringements. Customer agrees and warrants that Customer has
provided and will maintain true, full and correct Account Information at
all times during the term of this license and promptly provide such
information to HP, upon HP's request. Customer agrees that Customer will
not provide false, misleading, or inadequate Account Information.

f)      This Agreement, including all Ancillary Software terms and conditions
downloaded in or with the Software, is the final, complete and exclusive
agreement between the parties relating to the Software, and supersedes
any previous communications, representations or agreements between the
parties, whether oral or written, regarding transactions hereunder.
Customer's additional or different terms and conditions will not apply.
These license terms may not be changed except by an amendment signed by
an authorized representative of each party.

AS-IS WARRANTY STATEMENT 



1.      DISCLAIMER.



TO THE EXTENT ALLOWED BY LOCAL LAW, THIS SOFTWARE IS PROVIDED TO YOU
``AS IS'' WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER ORAL OR
WRITTEN, EXPRESS OR IMPLIED.  HP SPECIFICALLY DISCLAIMS ANY IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY,
NON-INFRINGEMENT, TITLE, ACCURACY OF INFORMATIONAL CONTENT, AND FITNESS
FOR A PARTICULAR PURPOSE.  THE ENTIRE RISK AS TO THE RESULTS AND
PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. NO ORAL OR WRITTEN
INFORMATION OR ADVICE GIVEN BY HP OR HP'S AUTHORIZED REPRESENTATIVES
SHALL CREATE A WARRANTY OR AMEND THIS ``AS IS'' WARRANTY. Some
jurisdictions do not allow exclusions of implied warranties or
conditions, so the above exclusion may not apply to you to the extent
prohibited by such local laws.  You may have other rights that vary from
country to country, state to state, or province to province. 



2.      LIMITATION OF LIABILITY.  EXCEPT TO THE EXTENT PROHIBITED BY LOCAL
LAW, IN NO EVENT WILL HP OR ITS SUBSIDIARIES, AFFILIATES, DIRECTORS,
OFFICERS, EMPLOYEES, AGENTS OR SUPPLIERS BE LIABLE FOR DIRECT, INDIRECT,
SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES
(INCLUDING LOST PROFIT, LOST DATA, OR DOWNTIME COSTS), ARISING OUT OF
THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SOFTWARE,
WHETHER BASED IN WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY, AND
WHETHER OR NOT HP WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. the
software is not specifically designed, manufactured or intended for use
in the planning, construction, maintenance, or direct operation of a
nuclear facility, AIRCRAFT NAVIGATION OR AIRCRAFT COMMUNICATION SYSTEMS,
AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS.
Customer is solely liable if the software is used for these
applications. Customer will indemnify and hold HP harmless from all
loss, damage, expense or liability in connection with such use. Your use
of the Software is entirely at your own risk.  Should the Software prove
defective, you assume the entire cost of all service, repair or
correction. Some jurisdictions do not allow the exclusion or limitation
of liability for incidental or consequential damages, so the above
limitation may not apply to you to the extent prohibited by such local
laws.



NOTE.   EXCEPT TO THE EXTENT ALLOWED BY LOCAL LAW, THESE WARRANTY TERMS
DO NOT EXCLUDE, RESTRICT OR MODIFY, AND ARE IN ADDITION TO, THE
MANDATORY STATUTORY RIGHTS APPLICABLE TO THE LICENSE OF THE SOFTWARE TO
YOU; PROVIDED, HOWEVER, THAT THE CONVENTION ON CONTRACTS FOR THE
INTERNATIONAL SALE OF GOODS IS SPECIFICALLY DISCLAIMED AND SHALL NOT
GOVERN OR APPLY TO THE SOFTWARE PROVIDED IN CONNECTION WITH THIS
WARRANTY STATEMENT.



IF YOU AGREE TO BE BOUND BY AND COMPLY WITH ALL THE TERMS OF THIS
LIMITED WARRANTY STATEMENT, YOU MUST CLICK THE BUTTON OR PLACE A CHECK
IN THE APPLICABLE BOX INDICATING THAT YOU AGREE TO THE TERMS AND
CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY ALL THE
TERMS OF THIS LIMITED WARRANTY STATEMENT, HP IS UNWILLING TO GRANT YOU
ANY RIGHTS TO USE THE SOFTWARE, AND YOU MUST STOP INSTALLING THE
SOFTWARE AND INDICATE YOUR REJECTION OF THIS LIMITED WARRANTY STATEMENT
BY NOT CLICKING THE BUTTON OR PLACING A CHECK IN THE APPLICABLE BOX.
NOTWITHSTANDING THE FOREGOING, INSTALLING OR OTHERWISE USING THE
SOFTWARE INDICATES YOUR ACCEPTANCE OF THIS LIMITED WARRANTY STATEMENT.