
License
The Portos software can be downloaded and used in commercial products but is provided witout warranty of any kind.
Please read and agree to this EULA license agreement before downloading the Portos software. Once you click on "I Agree" below the download will start.
SOFTWAVE WIRELESS SARL ROYALTY-FREE PUBLIC LICENSE AGREEMENT FOR PORTOS SOFTWARE
END USER LCENSE AGREEMENT
BY CLICKING "I AGREE" BELOW AND/OR LOADING THE *Portos* SOFTWARE ("SOFTWARE") YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF LICENSEE DOES NOT ACCEPT THESE TERMS, LICENSEE SHOULD CLICK "I DISAGREE" BELOW AND LICENSEE SHALL HAVE NO LICENSE TO USE THE SOFTWARE.
LICENSE GRANT
The
package contains software ("Software") and related explanatory written
materials ("Documentation"). "Software" includes any upgrades, modified
versions, updates, additions and copies of the Software. "You" means
the person or company who is being licensed to use the Software or Documentation. "We" and "us" means Softwave Wireless SARL, a French company.
We
hereby grant you a non-exclusive license to use one copy of the Software
on any single computer, provided the Software is in use on only one
computer at any time. The Software is "in use" on a computer when it is
loaded into temporary memory (RAM) or installed into the permanent
memory of a computer, for example, a hard disk, CD-ROM or other storage
device.
TITLE
We remain the owner of all right, title and interest in the Software and Documentation.
ARCHIVAL OR BACKUP COPIES
You may either:
make
one copy of the Software solely for backup or archival purposes; or
transfer the Software to a single hard disk, provided you keep the
original solely for backup or archival purposes.
THINGS YOU MAY NOT DO
The
Software and Documentation are protected by copyright
laws and international treaties. You must treat the Software and
Documentation like any other copyrighted material--for example a book.
You may not:
copy the Documentation;
copy the Software except to make archival or backup copies as provided above;
modify or adapt the Software or merge it into another program;
reverse engineer, disassemble, decompile or make any attempt to discover the source code of the Software;
place the Software onto a server so that it is accessible via a public network such as the Internet; or
sublicense, rent, lease or lend any portion of the Software or Documentation.
TRANSFERS
You
may transfer all your rights to use the Software and Documentation to
another person or legal entity provided you transfer this Agreement,
the Software and Documentation, including all copies, updates and prior
versions to such person or entity and that you retain no copies,
including copies stored on computer.
NO WARRANTY
Softwave Wireless SARL does not warrant that: (a) the Software will meet Licensee's requirements, (b) the Software will operate in combinations Licensee may select for use, or (c) operations of the Software will be uninterrupted or error-free. The Software is provided "as is" without warranty of any kind, and Softwave Wireless SARL expressly disclaims all express or implied warranties, including but not limited to implied warranties of merchantability or fitness for a particular purpose.
LIMITATION OF LIABILITY
Softwave Wireless SARL SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY LICENSEE OR ANY THIRD PARTY, WHETHER IN ACTION IN CONTRACT OR TORT, EVEN IF ORACLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TERM AND TERMINATION
This
license agreement takes effect upon your use of the software and
remains effective until terminated. You may terminate it at any time by
destroying all copies of the Software and Documentation in your
possession. It will also automatically terminate if you fail to comply
with any term or condition of this license agreement. You agree on
termination of this license to either return to us or destroy all
copies of the Software and Documentation in your possession.
CONFIDENTIALITY
The
Software contains trade secrets and proprietary know-how that belong to
us and it is being made available to you in strict confidence. ANY USE
OR DISCLOSURE OF THE SOFTWARE, OR OF ITS ALGORITHMS, PROTOCOLS OR
INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITH THIS LICENSE
AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF OUR TRADE SECRET RIGHTS.
GENERAL PROVISION
- This written license agreement is the exclusive agreement between you and us concerning the Software and Documentation and supersedes any and all prior oral or written agreements, negotiations or other dealings between us concerning the Software.
- This license agreement may be modified only by a writing signed by you and us.
- In the event of litigation between you and us concerning the Software or Documentation, the prevailing party in the litigation will be entitled to recover attorney fees and expenses from the other party.
- This license agreement is governed by the laws of France ("FRANCE"). Venue in any action brought with respect to this Agreement shall be in France, and each party consents to the jurisdiction of the courts sitting therein.
- You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations.
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