End User License Agreement - HP Neoware c50 Kurzanleitung

NEOWARE c50 Quick Start Guide

End User License Agreement

You have acquired a device ("DEVICE") that includes software developed by and/or
licensed by NEOWARE, INC. ("NEOWARE") and its suppliers and licensors
("Suppliers"). All such software products, as well as associated media, printed materi-
als, and "online" or electronic documentation ("SOFTWARE") are protected by United
States as well as international intellectual property laws and treaties. The SOFTWARE
is licensed, for use, not sold. All rights reserved.
IF YOU DO NOT AGREE TO THIS EULA, DO NOT USE THE DEVICE OR COPY
THE SOFTWARE. INSTEAD, PROMPTLY CONTACT NEOWARE FOR INSTRUC-
TIONS ON RETURN OF THE UNUSED DEVICE(S). ANY USE OF THE
SOFTWARE, INCLUDING BUT NOT LIMITED TO USE ON THE DEVICE, WILL
CONSTITUTE YOUR AGREEMENT TO THIS EULA (OR RATIFICATION OF ANY
PREVIOUS CONSENT).
GRANT OF SOFTWARE LICENSE. This EULA grants you the following license:
• You may use the SOFTWARE only on the DEVICE.
• NOT FAULT TOLERANT.THE SOFTWARE IS NOT FAULT TOLERANT.
• NO WARRANTIES FOR THE SOFTWARE. THE SOFTWARE IS PROVIDED "AS
IS,"WITH NO WARRANTY. NEOWARE AND ITS SUPPLIERS DISCLAIM ALL
WARRANTIES EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATIONANY
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICU-
LAR PURPOSE EXCEPT TO THE EXTENT THAT ANY WARRANTIES IMPLIED
BY LAW CANNOT BE WAIVED.
• NOTE ON JAVA SUPPORT. The SOFTWARE may contain support for programs
written in Java. Java technology is not fault tolerant and is not designed, manufac-
tured, or intended for use or resale as online control equipment in hazardous envi-
ronments requiring fail-safe performance, such as in the operation of nuclear facili-
ties, aircraft navigation or communication systems, air traffic control, direct life sup-
port machines, or weapons systems, in which the failure of Java technology could
lead directly to death, personal injury, or severe physical or environmental damage.
Sun Microsystems, Inc. has contractually obligated NEOWARE to make this dis-
claimer, AND NEOWARE AND ITS SUPPLIERS SHALL HAVE NO LIABILITY OR
FAULT FOR ANY JAVA technology failures.
• TECHNICAL SUPPORT. At no additional charge, Neoware will provide technical
support for the SOFTWARE included with the DEVICE for a period of one (1) year
from the date of shipment. Technical Support includes commercially reasonable
efforts to provide assistance via telephone, Internet and fax with 1) problem determi-
nation, 2) technical questions related to the SOFTWARE and 3) work-arounds
and/or software updates made commercially available by Neoware. Technical
Support includes the provision of software updates of the Neoware SOFTWARE
(and the Neoware Remote Manager software) incorporating the licensed version of
the standard embedded Operating System. These version changes are designated
to the right of the decimal point (Rel.6.1) . Technical support excludes configuration
of any hardware, DEVICES or SOFTWARE, networking services, consulting servic-
es and general computer system maintenance. For an additional fee, Neoware will
provide specialized pre-installation or modification/engineering services according to
your specifications. Pricing for these additional services will be quoted by Neoware
upon request.
Neoware does not provide Technical Support for software components which are not
included as part of its standard software releases.
Software Upgrades, designated by release numbers to the left of the decimal point. (
Rel.6.0), are available from Neoware at a separate fee. After the initial one (1) year
term, Technical Support can be renewed by contacting Neoware.
• LIMITATIONS OF LIABILITIES AND EXCLUSIONS. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NEOWARE OR ITS
SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT,
October 10, 2005
OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMIT-
ED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER
INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY,
FORLOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF
GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, AND ANY OTHER
PECUNIARY OR OTHER LOSS WHATEVER) ARISING OUT OF OR IN ANY WAY
RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PRO-
VISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES,
INFORMATION, AND RELATED CONTENT THROUGH THE SOFTWARE OR
OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE
UNDER IN CONNECTION WITH ANY PROVISION OF THIS EULA OR ANY SUP-
PLEMENTAL EULA, EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLI-
GENCE), MISREPRESENTATION, STRICT OR PRODUCT LIABILITY, BREACH
OF CONTRACT OR BREACH OF WARRANTY OF NEOWARE OR ANY SUPPLI-
ER, AND EVEN IF NEOWARE, OR ANY SUPPLIER HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REA-
SON WHATSOEVER (INCLUDING WITHOUT LIMITATION, ALL DAMAGES REF-
ERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT
OR ANYTHING ELSE), THE ENTIRE LIABILITY OF NEOWARE AND ANY OF ITS
SUPPLIERS UNDER ANY PROVISION OF THIS EULA OR ANY SUPPLEMENTAL
EULA AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL
BE LIMITED TO THE GREATER OF THE ACTUAL DAMAGES YOU INCUR IN
REASONABLE RELIANCE ON THE SOFTWARE UP TO THE AMOUNT ACTUAL-
LY PAID BY YOU FOR THE SOFTWARE OR U.S. $5.00. THE FOREGOING LIMITA-
TIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS
ESSENTIAL PURPOSE.
IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT EACH AND EVERY PRO-
VISION OF THIS EULA WHICH PROVIDES FOR A LIMITATION OF LIABILITY,
DISCLAIMER OF WARRANTIES, OR EXCLUSIONS OF DAMAGES IS INTENDED
BY THE PARTIES TO BE SEVERABLE AND INDEPENDENT OF ANY OTHER
PROVISION AND TO BE ENFORCED AS SUCH.
• Limitations on Reverse Engineering, Decompilation, and Disassembly.You may
not reverse engineer, decompile, or disassemble the SOFTWARE, except and only
to the extent that such activity is expressly permitted by applicable law.
• SOFTWARE TRANSFER ALLOWED BUT WITH RESTRICTIONS. You may perma-
nently transfer rights under this EULA only as part of a permanent sale or transfer of
the DEVICE, and only if the recipient agrees to the provisions of this EULA express-
ly. If the SOFTWARE is an upgrade, or snap in, any transfer must also include all
prior versions of the SOFTWARE.
• EXPORT RESTRICTIONS. Regardless of any disclosure made by or to NEOWARE
of an ultimate destination of the SOFTWARE, you acknowledge the SOFTWARE is
subject to U.S. export control laws and jurisdiction. You acknowledge your exclusive
obligation to ensure that exports from the United States are in compliance with the
U.S. export control laws. You shall also be responsible for complying with all applica-
ble governmental regulations of any foreign countries with respect to the use of the
SOFTWARE outside of the United States. You agree that you will not submit the
SOFTWARE to any government agency for licensing consideration or other regulato-
ry approval without the prior written consent of NEOWARE. You shall defend, indem-
nify, and hold NEOWARE and its Suppliers harmless from and against any and all
claims, judgments, awards, and costs (including reasonable legal fees) arising out of
your noncompliance with applicable U.S. or foreign law with respect to the use or
unauthorized transfer of SOFTWARE by you.
• GOVERNING LAW. This EULA shall be governed by and controlled under the
Commonwealth of Pennsylvania law without reference to its conflicts of law princi-
pals. In the event of any conflicts between foreign law, rules, and regulations and
United States of America law, rules and regulations, United States of America Law,
rules and regulations shall prevail and govern. The United Nations Convention on
Contracts for the International Sales of goods shall not apply to this EULA.
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