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diff --git a/licenses/Smart-Link b/licenses/Smart-Link deleted file mode 100644 index 695ca39cb941..000000000000 --- a/licenses/Smart-Link +++ /dev/null @@ -1,124 +0,0 @@ -SMART LINK, LTD. - -TERMS AND CONDITIONS FOR END USERS DOWNLOADING DRIVERS FROM THE SMART LINK WEBSI -TE - -You MUST read the following terms and conditions of sale before you download any - Software (as defined below) from the Smart Link ("Smart Link") website in order - to upgrade your existing Product (as defined below). These terms and conditions - constitute an agreement (the "Agreement") between Smart Link and end users ( "B -uyer"). - -1. ACCEPTANCE: You must confirm you have read and agreed to these terms and cond -itions before you download the Product. BY CLICKING ON THE "YES" BUTTON, YOU ARE - CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO - NOT AGREE TO ALL THE TERMS OF THIS AGREEMENT, CLICK THE "NO" BUTTON. - -2. PRODUCT: Smart Link's product herein, (the "Product") as specified on Smart L -ink's website www.smlink.com comprises Smart Link's software drivers (the "Softw -are") which are available for download by the Buyer. There is a US version of th -e Software and an International version of the Software. - -3. LICENSE: Smart Link hereby grants to Buyer a nonexclusive, nontransferable li -cense to download the Software from Smart Link's website, free of charge, for th -e sole purpose of upgrading the Buyer's existing Product. The Software may only -be used by the Buyer to upgrade the Buyer's existing version of the Product and -may not be used with any other product not provided by Smart Link. This license -shall not include the right to otherwise sell or sub-license the Software. - -4 TERRITORIAL RESTRICTION ON LICENSE: Buyer shall use the International version -of the Software solely in jurisdictions outside of the United States of America. - Buyer agrees not to use the International version of the Software in the United - States of America. - -5. SOFTWARE TERMS: - -Title to the Software: Buyer acknowledges that Smart Link is the owner of all ri -ghts, title, and interest, including all trademarks, copyrights to all of the do -cumentation and computer-recorded data comprising or included in the Software, d -ocumentation and source code relating thereto. Notwithstanding anything herein t -o the contrary, this Agreement does not grant Buyer, or any of its sub-licensees - any title or rights of ownership in the Software. - -Restrictions: BUYER MAY NOT REVERSE ENGINEER, DECOMPILE, DISASSEMBLE OR OTHERWIS -E REDUCE THE SOFTWARE TO ANY HUMAN OR MACHINE PERCEIVABLE FORM. BUYER MAY NOT MO -DIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN OR CREATE DERIVATIVE WORKS BASED UPON -THE SOFTWARE OR ANY PART THEREOF. - -Compliance: There is a US version and non-US version of the Software, if the Buy -er uses the US version of the Software the Buyer agrees to use the US version of - the Software in compliance with the Federal Communication Commission Regulation -s. - -Intellectual Property Notices: Buyer agrees that all copyright and other proprie -tary notices which are embedded in the Software, or set forth in accompanying do -cumentation, delivered to Buyer hereunder shall remain as embedded, in the same -manner as embedded by Smart Link, in each copy of the Software and/or documentat -ion. - -6. DISCLAIMER: - -SMART LINK IS PROVIDING THE SOFTWARE ON AN "AS IS" BASIS AND MAKES NO REPRESENTA -TIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO TH -E SOFTWARE, INCLUDING, WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABIL -ITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGMENT. SMART LINK DOES NO -T WARRANT THAT THE OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE -OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPON -ENTS. IT IS THE BUYER'S SOLE RESPONSIBILITY TO EXECUTE ANTI-CONTAMINATION SOFTWA -RE AND OTHERWISE TAKE STEPS TO ENSURE THAT THE SOFTWARE IF CONTAMINATED OR INFEC -TED, WILL NOT DAMAGE THE PRODUCT OR THE BUYERS SYSTEM. - -7. LIMITATION OF REMEDIES AND DAMAGES: Buyer's sole remedies and Smart Link's en -tire liability are as set forth above. In no event shall Smart Link or any of th -e licensors, directors, officers, employees or affiliates of the foregoing be li -able to Buyer for any direct, indirect, consequential, incidental, special or si -milar damages whatsoever (including, without limitation, damages for loss of bus -iness profits, business interruption, loss of business information and the like) -, whether foreseeable or unforeseeable, arising out of the use or inability to u -se the Software, regardless of the basis of the claim and even if Smart Link or -a Smart Link representative has been advised of the possibility of such damage. -SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL OR CO -NSEQUENTIAL DAMAGES FOR CONSUMER PRODUCTS, SO THE ABOVE LIMITATIONS OR EXCLUSION -S MAY NOT APPLY TO BUYER. - -8. SOFTWARE CHANGES: Smart Link shall have the right, in its sole discretion, wi -thout liability to Buyer, to (a) change the design, or discontinue developing, p -roducing, licensing or distributing any Software covered by this Agreement, and -(b) announce new Software to which the terms and conditions of this Agreement do - not apply. - -9. U.S. GOVERNMENT END USERS: This provision applies to all Software acquired di -rectly or indirectly by or on behalf of the United States Government. The Softwa -re is a "commercial item," as that term is defined at 48 C.F.R. 2.101 (OCT 1995) -, consisting, in part, of "commercial computer software" and "commercial compute -r documentation," as such terms are used in 48 C.F.R. 12.212 (SEPT 1995). Consis -tent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (JUNE 199 -5), In the event that Buyer receives a request from any agency of the U.S. Gover -nment to provide the Software with rights beyond those set forth above, Buyer wi -ll notify Smart Link of the scope of rights requested and the agency making such - request and Smart Link will have ten (10) business days to, in its sole discret -ion, accept or reject such request; provided, that Smart Link's failure to respo -nd during such time period shall be deemed a rejection. - -10. GENERAL: These terms and conditions shall constitute the final, complete and - exclusive agreement of the parties with respect to all downloads of the Sofware - by Buyer and shall supersede all prior offers, negotiations, understandings and - agreements. It is expressly agreed that no prior or contemporaneous agreement o -r understanding, whether written or oral, shall contradict, modify, supplement o -r explain the terms and conditions contained herein. No additional or different -terms or conditions, whether material or immaterial, shall become a part of any -agreement unless expressly accepted in writing by an authorized officer of Smart - Link. Any waiver by Smart Link of one or more of these terms and conditions or -any defaults hereunder shall not constitute a waiver of the remaining terms and -conditions or of any future defaults hereunder. No failure or delay by either pa -rty in exercising or enforcing any right hereunder shall operate as a waiver the -reof or preclude any other exercise or enforcement of rights hereunder. Any prov -ision of these terms and conditions that is prohibited or unenforceable under ap -plicable law shall be ineffective to the extent of such prohibition or unenforce -ability, without impairing or invalidating the remaining provisions of these ter -ms and conditions. The terms and performance of this Agreement shall be governed - by the laws of the State of Israel. The venue for any disputes arising out of a -ny sales agreement shall be, at Smart Link's sole and exclusive option, Tel-Aviv -, Israel or the courts with proper jurisdiction at Buyer's location. - -Smart Link, Ltd. |