rPATH APPLICATION SOFTWARE
CONARY END USER LICENSE AGREEMENT
IMPORTANT -- READ CAREFULLY BEFORE USING THIS SOFTWARE:
The Software governed by this license agreement is a collective work
under the U.S. Copyright laws. The Software may be licensed under the
Common Public License ("CPL") or a commercial software agreement from
rPath, Inc. If the Software, under a commercial software agreement
from rPath, is conveyed to the End User, and End User would like to
use or distribute the Software, then the End User must comply with
the terms contained in this EULA. If the Software, under the CPL,
is conveyed to the End User, then the End User must comply with
the terms of the CPL.
Upon the use of any rPath Software Application (“Software”)
or any appliance in which the Software may be embedded, End User
acknowledges that End User has reviewed and agreed to all of the
terms and conditions set forth in this document. If End User DOES
NOT AGREE with these terms and conditions, DO NOT USE the Software.
REDISTRIBUTION NOT PERMITTED
As used herein, the following terms have the meanings set forth below:
"Computer" means the hardware, if the hardware is a single computer
system whether physical or virtual, or shall mean the computer
system with which the hardware operates, if the hardware is a
computer system component.
“End User” means the purchasers or licensees who have acquired
the Software for their own personal or internal use and without
the right to resale, re-market or otherwise distribute the Software.
“EULA” means an end user license agreement. This EULA is a
legal agreement between you (either an individual or an entity) and
rPath, Inc. and its suppliers and licensors (collectively "rPath")
for the rPath Software which may include components provided by
suppliers and licensors to rPath.
“Software” means the source code and object code versions of
the product, together with the updates, upgrades, modifications
or enhancements owned and provided by rPath to you pursuant to
BY USING THE SOFTWARE YOU ACKNOWLEDGE THAT YOU HAVE READ THIS
LICENSE AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS
TERMS AND CONDITIONS.
This EULA applies to Software applications that are made up of
individual software components, each of which was individually
written and copyrighted.
ANY THIRD PARTY SOFTWARE, INCLUDING ANY THIRD PARTY'S PLUG-IN,
THAT MAY BE PROVIDED WITH THE SOFTWARE IS INCLUDED FOR USE AT YOUR
OPTION. IF YOU CHOOSE TO USE SUCH THIRD PARTY SOFTWARE, THEN SUCH
USE SHALL BE GOVERNED BY SUCH THIRD PARTY'S LICENSE AGREEMENT. rPath
IS NOT RESPONSIBLE FOR ANY THIRD PARTY'S SOFTWARE AND SHALL HAVE
NO LIABILITY FOR YOUR USE OF THIRD PARTY SOFTWARE.
rPath hereby grants End User the following license to use the
Software in the End User’s facility subject to the terms contained
herein subject to the licenses referenced herein.
1. GRANT OF LICENSE. Upon payment of any fees applicable, rPath
hereby grants to you a non-exclusive, personal license to use the
Software and any related documentation ("Documentation") subject
to the following terms:
a) You may: (i) use the Software on any single Computer; and
(ii) copy the Software for back-up and archival purposes, provided
any copy must contain all of the original Software's proprietary
notices within the United States and its territories or any other
country to which this Software can legally be exported.
b) The Software is "in use" on a computer when it is loaded
into temporary memory or installed in permanent memory (Hard Drive,
CD-ROM or other storage device). You agree to use your best efforts
to prevent and protect the contents of the Software and Documentation
from unauthorized use or disclosure.
2. LICENSE RESTRICTIONS.
a) You may not: (i) permit other individuals to use the Software
except under the terms listed above; (ii) modify, translate, reverse
engineer, decompile, disassemble (except to the extent that this
restriction is expressly prohibited by law) or create derivative
works based upon the Software or Documentation; (iii) copy the
Software or Documentation (except for back-up or archival purposes);
(iv) rent, lease, transfer, or otherwise transfer rights to the
Software or Documentation; (v) remove any proprietary notices or
labels on the Software or Documentation. Any such forbidden use
shall immediately terminate your license to the Software. The
recording, playback and download features of the Software are
intended only for use with public domain or properly licensed content
and content creation tools. You may require a patent, copyright,
or other license from a third party to create, copy, download,
record or save content files for playback by this Software or to
serve or distribute such files to be played back by the Software.
b) You agree that you shall only use the Software and
Documentation in a manner that complies with all applicable laws in
the jurisdictions in which you use the Software and Documentation,
including, but not limited to, applicable restrictions concerning
copyright and other intellectual property rights.
3. TITLE. Title, ownership, rights, and intellectual property
rights in and to the Software and Documentation shall remain
rPath’s and/or its suppliers. The Software and the Documentation
are protected by the copyright laws of the United States and
international copyright treaties. Title, ownership rights and
intellectual property rights in and to the content accessed
through the Software and the Documentation ("Content") shall be
retained by the applicable Content owner and may be protected by
applicable copyright or other law. This EULA gives you no rights
to such Content.
4. DATA RIGHTS. You should be aware that rPath’s Software
contains functions for collecting information related to your use
of the Software. rPath may also collect and track non-personally
identifiable information about you including but not limited to your
IP address, the type of hardware you use and the type of browser
you employ. rPath reserves the right to compile, save, use within
the scope of rPath’s activities, and analyze any and all of your
data (registration data, and use history). rPath intends to use
such data for internal purposes only, including without limitation
for the purposes of responding to your requests for information and
for contacting you. rPath may provide aggregated statistics about
your use of the Software to third parties, but such information will
be aggregated so that it does not identify a particular individual
5. NO WARRANTY. THE SOFTWARE IS PROVIDED AND LICENSED "AS IS"
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
6. NO LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, IN NO EVENT WILL rPATH, INC. BE LIABLE TO END USER FOR ANY
INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST
SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT
OF THE USE OR INABILITY TO USE THE SOFTWARE OR SOFTWARE PROGRAMS,
EVEN IF rPATH, INC. OR A DEALER AUTHORIZED BY rPATH, INC. HAD BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL
rPATH HAVE ANY LIABILITY HEREUNDER.
7. COMPLETE AGREEMENT. This EULA constitutes the entire
agreement between the parties with respect to the Software and
supersedes all prior or contemporaneous communications, agreements
and understandings, written or oral, with respect to the subject
matter hereof. This EULA shall not be amended or modified except
in a writing signed by authorized representatives of each party.
8. GENERAL. If any provision of this EULA is held to be
unenforceable, that shall not affect the enforceability of the
remaining provisions. This EULA shall be governed by the laws of
the State of North Carolina and of the United States, without regard
to any conflict of laws provisions, except that the United Nations
Convention on the International Sale of Goods shall not apply.
Copyright © 2005 - 2008. rPath, Inc. All rights reserved.
"rPath," “rPath” Logo, “Powered by rPath” Logo, ”rPath
Appliance Platform” logo, “Conary,” “rMake,” “rAA,”
“rEA,” “rBuilder,” “rBuilder” Logo, and “rManager”
are trademarks and service marks that are the property of
Revised January 30, 2008