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LICENSE(Cyberon)
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LICENSE(Cyberon)
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CYBERON END USER LICENSE AGREEMENT
PLEASE READ THIS END USER LICENSE AGREEMENT ("Agreement") CAREFULLY BEFORE
DOWNLOADING, INSTALLING, COPYING, OR USING THIS SOFTWARE AND ACCOMPANYING
DOCUMENTATION. BY DOWNLOADING, INSTALLING, COPYING OR USING THE SOFTWARE, YOU
ARE AGREEING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE
TERMS OF THIS AGREEMENT, PROMPTLY RETURN AND DO NOT USE THE SOFTWARE.
1. Definitions.
"Software" means this software (Cyberon DSpotter) and any accompanying
documentation, including any upgrades, updates, bug fixes or modified
versions provided to you by Cyberon.
"Source Code" means software in human-readable form, including but not
limited to the Sample Code.
"Sample Code" means the human-readable source code provided in this Software
to demonstrate how to use Cyberon DSpotter APIs to implement an application.
"Binary Code" means the software in binary code form such as object code or
an executable, including but not limited to library file.
"Tools" means software that is intended to be installed on a personal
computer or provided on web page, and used to create data (including but
not limited to recognition model and license data) for using Cyberon
DSpotter.
"Purpose" means to evaluate (if you don’t purchase the Formal License)
Cyberon DSpotter on a specific hardware.
2. License. Subject to the terms and conditions of this Agreement, Cyberon
Corporation ("Cyberon") grants to you a limited, non-exclusive,
non-transferable license under its copyright rights:
a. to use the Tools for the Purpose of creating data for using Cyberon
DSpotter; and
b. to modify, create and distribute derivative works of the Sample Code
for the Purpose by interacting with Cyberon DSpotter product in
binary code or source code.
3. Free and Open Source Software. Portions of the Software may be licensed
under free and/or open source licenses such as the GNU General Public
License or other licenses from third parties ("Third Party Software").
Third Party Software is subject to the applicable license agreement and not
this Agreement.
4. Proprietary Rights; Ownership. The Software, including all intellectual
property rights therein, is and will remain the sole and exclusive property
of Cyberon or its suppliers. Cyberon retains ownership of the Source Code
and any compiled version thereof. Subject to Cyberon's ownership of the
underlying Software (including Source Code), you retain ownership of any
modifications you make to the Source Code. You agree not to remove any
Cyberon copyright or other notices from the Source Code and any
modifications thereof. You agree to keep the Source Code other than
the Sample Code confidential.
Any reproduction, modification, translation, compilation, or representation
of the Source Code except as permitted in Section 2 ("License") is
prohibited without the express written permission of Cyberon. Except as
otherwise expressly provided in this Agreement, you may not:
(i) modify, adapt, or create derivative works based upon the Software;
(ii) copy the Software;
(iii) except and only to the extent explicitly permitted by applicable law
despite this limitation, decompile, translate, reverse engineer,
disassemble or otherwise reduce the Software to human-readable form;
or
(iv) use the Software or any Sample Code other than for the Purpose.
You hereby covenant that you will not assert any claim that the Software, or
derivative works thereof created by or for Cyberon, infringe any
intellectual property right owned or controlled by you.
5. No Support. Cyberon may, but is not required to, provide technical support
for the Software.
6. Term and Termination. This Agreement is effective until terminated, and
either party may terminate this Agreement at any time with or without cause.
This Agreement and your license rights under this Agreement will terminate
immediately without notice from Cyberon if you fail to comply with any
provision of this Agreement. Upon termination, you must destroy all copies
of Software in your possession or control.
The following sections shall survive any termination of this Agreement:
Section 3, 4, 7, 8, 9, and 10.
7. Compliance with Law. Each party agrees to comply with all applicable
laws, rules and regulations in connection with its activities under this
Agreement. Without limiting the foregoing, the Software may be subject to
export control laws and regulations of the United States and other countries.
You agree to comply strictly with all such laws and regulations and
acknowledge that you have the responsibility to obtain licenses to export,
re-export, or import the Software.
8. Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CYBERON
MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH REGARD TO THE
SOFTWARE, INCLUDING, BUT NOT LIMITED TO, INFRINGEMENT AND THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Cyberon
reserves the right to make changes to the Software without notice. Cyberon
does not assume any liability arising out of the application or use of
Software or any product or circuit described in the Software. It is the
responsibility of the user of the Software to properly design, program, and
test the functionality and safety of any application made of the Software
and any resulting product. Cyberon does not authorize its Software or
products for use in any products where a malfunction or failure of the
Software or Cyberon product may reasonably be expected to result in
significant property damage, injury or death ("High Risk Product").
If you include any Software or Cyberon product in a High Risk Product, you
assume all risk of such use and agree to indemnify Cyberon and its suppliers
against all liability. No computing device can be absolutely secure.
Therefore, despite security measures implemented in Cyberon’s products,
Cyberon does not assume any liability arising out of any security breach,
such as unauthorized access to or use of a Cyberon product.
9. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
IN NO EVENT WILL CYBERON OR ITS SUPPLIERS, RESELLERS, OR DISTRIBUTORS BE
LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT,
CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS
OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR
INABILITY TO USE THE SOFTWARE EVEN IF CRBERON OR ITS SUPPLIERS, RESELLERS,
OR DISTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO
EVENT SHALL CYBERON'S OR ITS SUPPLIERS', RESELLERS', OR DISTRIBUTORS' TOTAL
LIABILITY TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR
OTHERWISE, EXCEED THE PRICE PAID BY YOU FOR THE SOFTWARE. THE FOREGOING
LIMITATIONS SHALL APPLY EVEN IF THE ABOVE-STATED WARRANTY FAILS OF ITS
ESSENTIAL PURPOSE.
10. Privacy. Cyberon respect and protect your privacy. Cyberon will maintain
all user created data and information ("Personal Data”) in strict confidence
(unless a user wishes to publish it) according to applicable law. Cyberon
will take the same care to protect your Personal Data as would do with
information that belongs to the Cyberon itself. By accepting this Agreement,
you agree and provide consent to accept our processing of your Personal Data
for the Purposes stated herein in this Agreement.
11. General. This Agreement will bind and inure to the benefit of each party's
successors and assigns, provided that you may not assign or transfer this
Agreement, in whole or in part, without Cyberon's written consent.
This Agreement shall be governed by and construed in accordance with the
laws of Taiwan, as if performed wholly within the country and without giving
effect to the principles of conflict of law. The parties consent to
personal and exclusive jurisdiction of and venue in, the Taiwan Taipei
courts; provided however, that nothing in this Agreement will limit
Cyberon's right to bring legal action in any venue in order to protect or
enforce its intellectual property rights. No failure of either party to
exercise or enforce any of its rights under this Agreement will act as a
waiver of such rights. If any portion of this Agreement is found to be void
or unenforceable, the remaining provisions of this Agreement shall remain in
full force and effect. This Agreement is the complete and exclusive
agreement between the parties with respect to the subject matter hereof,
superseding and replacing any and all prior agreements, communications, and
understandings (both written and oral) regarding such subject matter.
Any notice to Cyberon will be deemed effective when actually received and
must be sent to Cyberon Corporation, ATTN: Legal Department, 8F, No. 188,
Sec. 2, Zhongxing Rd., Xindian Dist. New Taipei City, 231037 Taiwan.