Software
binaries for Firefox OS
END-USER LICENSE AGREEMENT
This Software Agreement ("Agreement") is between You
(either an individual or an entity), the End User, and ZTE Corporation ("ZTE").
The Agreement authorizes You to use the Software specified in Clause 1 below,
which may be stored on a CD-ROM, sent to You by electronic mail, or downloaded
from ZTE’s Web pages or Servers or from other sources solely under the terms
and conditions set forth below. This is an agreement on end-user rights and not
an agreement for sale. Except as provided elsewhere in this Agreement, ZTE
and/or its licensors continues to own the copy of the Software and the physical
media contained in the sales package and any other copy that You are authorized
to make pursuant to this Agreement.
Read this Agreement carefully before installing, downloading, or
using the Software. By clicking on the "I Accept" button while
installing, downloading, and/or using the Software, You agree to the terms and
conditions of this Agreement. If You do not agree to all of the terms and
conditions of this Agreement, promptly click the "Decline" or "I
Do Not Accept" button, cancel the installation or downloading, or destroy
or return the Software and accompanying documentation to ZTE. YOU AGREE THAT
YOUR USE OF THE SOFTWARE ACKNOWLEDGES THAT YOU HAVE READ THIS AGREEMENT,
UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
1. SOFTWARE.
As used in this Agreement, the term "Software" means,
collectively: (i) the software product identified above (including any
third-party software included therein or therewith) (ii) all the contents of
the disk(s), CD-ROM(s), electronic mail and its file attachments, or other
media with which this Agreement is provided, including the object code form of
the software delivered via a CD-ROM, electronic mail, or Web page (iii) digital
images, stock photographs, clip art, or other artistic works ("Stock
Files") (iv) related explanatory written materials and any other possible
documentation related thereto ("Documentation"); (v) fonts, and (vi)
upgrades, modified versions, updates, additions, and copies of the Software
(collectively "Updates"), if any, licensed to You by ZTE under this
Agreement.
2. END USER RIGHTS AND USE.
ZTE grants You non-exclusive, non-transferable end-user copyright
rights to download the Software on the local hard disk(s) or other permanent
storage media of one computer and install the Software, on a single ZTE
device with an unlocked boot loader at a time. Except as provided by any Open
Source License Terms, You may use the Software only for the sole purpose of
testing and validating Your own applications and/or content (“Purpose”).
You acknowledge that certain software components of the Software
(“Open Source Components”) may be covered by so-called “Open Source License
Terms”. As used herein, Open Source License Terms means any software licenses
approved as open source licenses by the Open Source Initiative or any
substantially similar licenses, including without limitation any license that,
as a condition of use, modification, or distribution of the software licensed
under such license or other software incorporated into, derived from or
distributed with such software, requires that the distributor: (a) make the
software available in source code format; (b) grant permission for creation of
derivative works; or (c) grant a royalty free license thereto or under any
associated intellectual property rights. To the extent required by the licenses
covering Open Source Components, the terms of such licenses will apply in lieu
of the terms of this Agreement. To the extent the terms of the licenses
applicable to Open Source Components prohibit any of the restrictions in this
Agreement with respect to such Open Source Component, such restrictions will
not apply to such Open Source Component. You shall not cause any portion of the
Software to become subject to any license obligation under any Open Source
License Terms. For clarity, in the event that all or any portion of the
Software provided hereunder does not reference, or otherwise indicate, such
Open Source License Terms, this Agreement shall control. ?
3. LIMITATIONS ON END USER RIGHTS.
(a) You may not use (other than as expressly permitted for the
Purpose), modify, translate, reproduce, or transfer the right to use the
Software or copy the Software. You may not use the Software for any reason other
than the Purpose.
(b) You may not resell, sublicense, rent, lease, transfer,
disclose or lend the Software to any third party.
(c) You may not reverse engineer, reverse compile, disassemble, or
otherwise attempt to discover the source code of the Software (except to the
extent that this restriction is expressly prohibited by law) or create
derivative works based on the Software.
(d) Unless stated otherwise in the Documentation, You shall not
display, modify, reproduce, or distribute any of the Stock Files included with
the Software. In the event that the Documentation allows You to display the
Stock Files, You shall not distribute the Stock Files on a stand-alone basis,
i.e., in circumstances in which the Stock Files constitute the primary value of
the product being distributed. You should review the "Readme" files
associated with the Stock Files that You use to ascertain what rights You have
with respect to such materials. Stock Files may not be used in the production
of libelous, defamatory, fraudulent, infringing, lewd, obscene, or pornographic
material or in any otherwise illegal manner. You may not register or claim any
rights in the Stock Files or derivative works thereof.
(e) You agree that You shall only use the Software in a manner
that complies with all applicable laws in the jurisdiction in which You use the
Software, including, but not limited to, applicable restrictions concerning
copyright and other intellectual property rights.
(f) Nothing contained herein is intended to or shall constitute a
sale, transfer, conveyance, lease, or license of any intellectual property
rights of ZTE and/or its licensors, either expressly or by implication,
estoppel or otherwise.
4. COPYRIGHT.
The Software and all rights, without limitation including
proprietary rights therein, are owned by ZTE and/or its licensors and
affiliates and are protected by international treaty provisions and all other
applicable national laws of the country in which it is being used. The
structure, organization, and code of the Software are the valuable trade
secrets and confidential information of ZTE and/or its licensors and
affiliates. You must not copy the Software, except as set forth in clause 3
(Limitations On End-User Rights). Any copies which You are permitted to make
pursuant to this Agreement must contain the same copyright and other
proprietary notices that appear on the Software.
5. COMMENCEMENT & TERMINATION.
This Agreement is effective from the first date You download the
Software. You may terminate this Agreement at any time by permanently deleting,
destroying, and returning, at Your own costs, the Software, all backup copies,
and all related materials provided by ZTE. This Agreement can be terminated in
writing by ZTE, at any time, without prior notice. Notwithstanding the above,
this Agreement will terminate, and the license granted to you by this Agreement
will be revoked, immediately, without any notice from ZTE, if you fail to
comply with any provision of this Agreement. Upon termination, you must destroy
the Software. In such an event, You must immediately delete, destroy, or return
at Your own cost, the Software, all backup copies, and all related material to ZTE.
6. YOU ACKNOWLEDGE THAT THE SOFTWARE IS PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW
NEITHER ZTE, ITS LICENSORS OR AFFILIATES, NOR THE COPYRIGHT
HOLDERS MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE OR THAT THE SOFTWARE WILL NOT INFRINGE ANY THIRD PARTY
PATENTS, COPYRIGHTS, TRADEMARKS, OR OTHER RIGHTS. THERE IS NO WARRANTY BY ZTE
OR BY ANY OTHER PARTY THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET
YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED
OR ERROR-FREE. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE SELECTION OF THE
SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE INSTALLATION, USE, AND
RESULTS OBTAINED FROM IT.
7. NO OTHER OBLIGATIONS.
This Agreement creates no obligations on the part of ZTE or its
licensors other than as specifically set forth herein.
8. LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL ZTE, ITS EMPLOYEES OR LICENSORS OR AFFILIATES BE LIABLE FOR ANY LOST
PROFITS, REVENUE, SALES, DATA, OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES, PROPERTY DAMAGE, PERSONAL INJURY, INTERRUPTION OF BUSINESS, LOSS OF
BUSINESS INFORMATION, OR FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL,
ECONOMIC, COVER, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED
AND WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE, OR OTHER THEORY OF
LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF ZTE
OR ITS LICENSORS OR AFFILIATES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME COUNTRIES/STATES/ JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
LIABILITY, BUT MAY ALLOW LIABILITY TO BE LIMITED, IN SUCH CASES, ZTE, ITS
EMPLOYEES OR LICENSORS OR AFFILIATES' LIABILITY SHALL BE LIMITED TO U.S. $50.
Nothing contained in this Agreement shall prejudice the statutory rights of any
party dealing as a consumer. Nothing contained in this Agreement limits ZTE's
liability to You in the event of death or personal injury resulting from ZTE's
negligence. ZTE is acting on behalf of its employees and licensors or
affiliates for the purpose of disclaiming, excluding, and/or restricting
obligations, warranties, and liability as provided in this clause 9, but in no
other respects and for no other purpose.
9. TECHNICAL SUPPORT.
ZTE and its licensors have no obligation to furnish You with
technical support unless separately agreed in writing between You and ZTE.
10. EXPORT CONTROL.
The Software, including technical data, includes cryptographic
software subject to export controls under the U.S. Export Administration
Regulations ("EAR") and may be subject to import or export controls
in other countries. Software may not be downloaded, or otherwise exported or
re-exported (i) into, or to a national or resident of, Cuba, Iran, Iraq, Iran,
North Korea, Libya, Sudan, Syria, or any country to which the U.S. has
embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of
Specially Designated Nations or the U.S. Commerce Department’s Table of Denial
Orders. The EAR prohibits the use of the Software and technical data by a Government
End User, as defined hereafter, without a license from the U.S. government. A
Government End User is defined in Part 772 of the EAR as "any foreign
central, regional, or local government department, agency, or other entity
performing governmental functions; including governmental research
institutions, governmental corporations, or their separate business units (as
defined in part 772 of the EAR) which are engaged in the manufacture or
distribution of items or services controlled on the Wassenaar Munitions List,
and international governmental organizations. This term does not include:
utilities (telecommunications companies and Internet service providers; banks
and financial institutions; transportation; broadcast or entertainment;
educational organizations; civil health and medical organizations; retail or
wholesale firms; and manufacturing or industrial entities not engaged in the
manufacture or distribution of items or services controlled on the Wassenaar
Munitions List.)" You agree to strictly comply with all applicable import
and export regulations and acknowledge that You have the responsibility to
obtain licenses to export, re- export, transfer, or import the Software. You
further represent that You are not a Government End User as defined above, and
You will not transfer the Software to any Government End User without a
license.
11. NOTICES.
All notices and return of the Software and Documentation should be
delivered to:
ZTE USA2425 N Central Expy
Richardson, TX 75080
USA
12. TERMS & CONDITIONS AS SPECIFIED BY QUALCOMM TECHNOLGIES,
INC. ("QTI")
Developers
may use the Software in Object Code format for the sole purpose of testing and
validating their own applications and/or content in addition to test/validate
Company’s platform (the “Purpose”).
Require
the Developer to represent, warrant and covenant that it is not an individual
or entity (or employee or agent thereof) that is engaged in the design,
development and/or distribution of ASICs (and associated software and
documentation).
Developers
may not use (other than as expressly permitted for the Purpose), modify,
translate, reproduce, or transfer the right to use the Qualcomm Software or
copy the Qualcomm Software.
Developers
may not use the Qualcomm Software for any reason other than the Purpose.
Developers
may not resell, sublicense, rent, lease, transfer, disclose or lend the
Software to any third party.
Company
shall reserve the right to terminate the Click Through Notice at any time
without cause.
Developers
may not reverse engineer, reverse compile, disassemble, or otherwise attempt to
discover the source code of the Qualcomm Software or create derivative works
based on the Qualcomm Software.
Developers
shall only use the Software in a manner that complies with all applicable laws
in the jurisdiction in which such Developers use the Qualcomm Software,
including, but not limited to, applicable restrictions concerning copyright and
other intellectual property rights.
Nothing
contained in the Click Thru Agreement is intended to or shall constitute
a sale, transfer, conveyance, lease, or license of any intellectual property
rights of Qualcomm ( its affiliates or licensors) either expressly or by
implication, estoppel or otherwise.
The
Qualcomm Software and all rights, including, without limitation proprietary
right therein, are owned by Qualcomm and/or its licensors and affiliates.
The
Qualcomm Software is provided “AS IS” without warranty of any kind, express or
implied, and to the maximum extent permitted by applicable law.
Waiver
of Qualcomm’s liability for any special, direct, indirect, incidental,
economic, cover, punitive, special or consequential damages.
Limit
of Qualcomm’s liability under the Click Thru Agreement to $50.
U.S.
Export Control provision
13. APPLICABLE LAW & GENERAL PROVISIONS.
This
Agreement shall be governed and interpreted in accordance with the laws of the
State of Texas, United States of America without regard to principles of conflict
of laws. The parties consent to the federal and state courts of County of Dallas
or federal court for the Northern District of Texas.
If any part of this Agreement is found void and unenforceable, it
will not affect the validity of the balance of the Agreement, which shall
remain valid and enforceable according to its terms. This Agreement may only be
modified by a writing signed by an authorized officer of ZTE, although ZTE may
vary the terms of this Agreement.
This is the entire agreement between ZTE and You relating to the
Software, and it supersedes any prior representations, discussions,
undertakings, end-user agreements, communications, or advertising relating to
the Software.
|
I/We
acknowledge that I/We have read the above terms and conditions and by
indicating our acceptance of the same agree to be bound by them.
|
No comments:
Post a Comment