QNX 4.x / 2.x End User License Agreement
QNX 4.x /
2.x END USER LICENSE AGREEMENT
IMPORTANT NOTICE: Read Before Installing or Using This
Software
Except for the third party software products
that have their own end user license agreement terms enclosed, each software
product and related documentation on the enclosed media ("Product")
is offered to you by QNX Software Systems Ltd. ("QSSL") of 175
Terence Matthews Crescent, Kanata, Ontario, Canada K2M 1W8 (voice 613-591-0931,
fax 613-591-3579) only for use in accordance with the terms and conditions of
the QNX End User License Agreement below. Each Product must be unlocked using a
software key ("License
Key"). BY INSTALLING OR USING ANY
PRODUCT YOU WILL INDICATE THAT YOU HAVE READ, UNDERSTOOD, AND ACCEPT THESE
TERMS AND CONDITIONS. IF YOU ARE UNABLE OR UNWILLING TO ENTER AND COMPLY WITH
THIS AGREEMENT, DO NOT ATTEMPT TO INSTALL OR USE ANY PRODUCTS. INSTEAD,
PROMPTLY RETURN THE COMPLETE PACKAGE FOR A FULL REFUND. CONTACT QSSL IF YOU
WISH TO EVALUATE ANY PRODUCT, OR DISCUSS THE AGREEMENT BELOW, BEFORE YOU
ATTEMPT TO INSTALL OR USE ANY PRODUCT.
QNX END USER LICENSE AGREEMENT
LICENSE:
Subject to the terms and conditions of this Agreement, and any limitations
imposed as part of a special beta test, promotional or educational program,
QSSL hereby grants to you a non-exclusive, personal, non-transferable license
to use each Product for which you have received an authorized License Key from
QSSL, or from an authorized QSSL distributor, on one computer, or, if the
Product is a multi-computer version, on one node. This includes reproducing
such Products, but only as reasonably required to install and use them as
intended in associated user documentation on your licensed computer and to
follow your normal back-up practices. All copies must bear all copyright and
other proprietary rights notices which appear on the Product as originally
provided by QSSL. Subject to the license expressly granted above, you obtain no
right, title, interest or other license in or to any Product, including but not
limited to any copyright, patent, trade secret, trademark, or other proprietary
rights therein. All whole and partial copies of the Products remain the
property of QSSL and will be considered part of the Products for the purpose of
this Agreement.
Unless expressly permitted by this Agreement, or
otherwise by applicable law or by QSSL in writing, you shall not: (i) use,
reproduce, modify, adapt, translate, update or transmit any Product, in whole
or in part; (ii) rent, lease, license, transfer, or otherwise provide access to
any Product; (iii) disclose or provide access to your License Key(s) to any
other person or attempt or assist others to defeat Product locks or to use
unauthorized License Keys; (iv) alter, remove, or cover trademarks or
proprietary notices in or on any Product; (v) export any Product from the
country in which it was provided to you by QSSL or its authorized distributor;
(vi) use a multi-computer version of any Product in a network larger than that
for which you have paid corresponding multi-computer license fees; (vii)
decompile, disassemble, decrypt, extract or otherwise attempt or assist others
to reverse engineer any Product, except as necessary, when permitted by an
applicable law, to correct defects or achieve interoperability with
complimentary programs, for your purposes only, but only if QSSL has refused to
provide the necessary information or assistance. Unless QSSL has provided you
with express written consent, the Product may not be used in any application in
which the failure of the Product could lead directly to death, personal injury,
or severe physical or property damage (collectively, "High-Risk
Activities"), including but not limited to the operation of nuclear
facilities, aircraft navigation or communication systems, air traffic control,
weapon systems and direct life support machines. QSSL EXPRESSLY DISCLAIMS ANY
EXPRESS OR IMPLIED WARRANTY OR CONDITION OF FITNESS FOR HIGH-RISK ACTIVITIES.
IMPROVEMENTS: You shall own authorized modifications you
make to the Product, except for Improvements.
"Improvements" means work‑arounds, error corrections or
enhancements that you disclose or suggest to QSS. All right, title and interest
in and to Improvements shall be owned by QSS, unless QSS has otherwise
expressly agreed in writing. You acknowledge that you are under no obligation
to make such disclosures or suggestions to QSS.
WARRANTY:
QSSL cannot warrant that any Product will function in accordance with related
documentation in every combination of hardware platform, software environment,
and Product configuration. You acknowledge that software bugs are likely to be
identified when one or more Products are used in your particular application.
You therefore accept the responsibility of satisfying yourself that each
Product is suitable for your intended use. This includes conducting exhaustive
testing of your value-added software application prior to its initial release,
and prior to the release of any related hardware or software modifications or
enhancements.
QSSL warrants to you for a period of 6 months
from acceptance of this Agreement (as provided above) that each Product as
delivered by QSSL is capable of performing the functions described in related
QSSL user documentation when used on appropriate hardware. QSSL also warrants
the enclosed media will be free from defects in material and workmanship under
normal use for a period of 90 days from acceptance of this Agreement. QSSL is
not responsible for media defects that result from accident or abuse. Your sole
remedy for any breach of warranty will be to either: (i) terminate this
Agreement and receive a refund of any associated license fees paid to QSSL; or
(ii) to receive replacement media. QSSL has no obligation under this Agreement
to provide maintenance, support, or training.
LIMITATIONS:
EXCEPT AS EXPRESSLY WARRANTED ABOVE, THE PRODUCTS AND THE ENCLOSED MEDIA ARE
PROVIDED "AS IS" WITHOUT OTHER WARRANTIES OR CONDITIONS OF ANY KIND,
INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU
ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE PRODUCTS.
NOTHING STATED IN THIS AGREEMENT WILL IMPLY THAT THE OPERATION OF ANY PRODUCT
WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ERRORS WILL BE CORRECTED. OTHER
WRITTEN OR ORAL STATEMENTS BY QSSL, ITS REPRESENTATIVES, OR OTHERS DO NOT
CONSTITUTE WARRANTIES OF QSSL.
IN NO EVENT WILL QSSL (OR ITS OFFICERS,
EMPLOYEES, AGENTS, SUPPLIERS, DISTRIBUTORS, OR LICENSORS - COLLECTIVELY
"ITS REPRESENTATIVES") BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL,
SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOST
REVENUE, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, ARISING OUT
OF OR RELATING TO ANY BREACH OF THIS AGREEMENT, ANY USE OR INABILITY TO USE THE
PRODUCT, OR ANY CLAIM MADE BY A THIRD PARTY, EVEN IF QSSL OR ITS
REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR CLAIM.
IN NO EVENT WILL THE AGGREGATE LIABILITY OF QSSL
AND ITS REPRESENTATIVES FOR ANY DAMAGES OR CLAIMS ARISING OUT OF OR RELATING TO
THIS AGREEMENT OR ANY PRODUCT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED
THE PRODUCT LICENSE FEES YOU PAID TO QSSL. QSSL'S AND ITS REPRESENTATIVES'
LIMITATION OF LIABILITY IS CUMULATIVE WITH ALL OF QSSL'S AND ITS
REPRESENTATIVES' PAYMENTS IN SATISFACTION OF THEIR LIABILITIES BEING AGGREGATED
TO DETERMINE SATISFACTION OF THE LIMIT.
These limitations shall apply whether or not the
alleged breach is a fundamental breach of contract. Some jurisdictions curtail
limitations of liability for incidental or consequential damages, and/or
limitations of implied warranties. Therefore, to the extent prohibited by
applicable law, the above limitations may not apply to you.
TERM:
This Agreement commences upon your acceptance (as described above) and will end
when terminated. You may terminate this Agreement at any time. It will be
deemed to terminate immediately if you fail to comply with any material term
herein. Upon termination your license rights end and you shall immediately
destroy all whole or partial copies of all Products and associated License Keys
in your possession or control.
RESTRICTED RIGHTS:
Use, duplication, or disclosure by the U.S. Government is subject to
restrictions as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS
252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a)(1995), FAR 52.227-19, or FAR
52.227-14 (ALT III), as applicable. QNX
Software Systems Ltd.
GENERAL:
This Agreement is governed by and will be construed in accordance with the laws
in force in the Province of Ontario, Canada without regard to the conflict of
laws provisions therein. The parties expressly disclaim the provisions the
United Nations Convention on Contracts for the International Sale of Goods.
This Agreement constitutes the entire agreement between you and QSSL pertaining
to the Products and the enclosed media when being used by an end user, and
supersedes all prior or contemporaneous agreements, understandings,
negotiations, and discussions, whether oral or written. No amendment or waiver
of any term of this Agreement will be binding unless executed in writing by the
parties. Subject to the export restrictions provided above, you are entitled to
assign this Agreement to a third party who has provided QSSL with prior written
acknowledgement of their acceptance of the terms and conditions herein. In such
a case you will transfer all copies of the Products and associated License Keys
(retaining nothing) to the assignee. The provisions of this Agreement will
enure to the benefit of and will be binding upon the parties and their
respective successors and permitted assigns. If any provision of this Agreement
is held by a court of competent jurisdiction to be illegal, invalid, or
unenforceable, the remaining provisions shall remain in full force and effect.
QSSL and its authorized representatives shall have the right to trace Product
and License Key serial numbers at any time and in any reasonable manner.
* QNX, Neutrino, Photon and Voyager are
trademarks of QNX Software Systems Ltd.
QNX 4 & QNX 2
EULA