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THE SOFTWARE TO WHICH YOU ARE REQUESTING ACCESS IS THE PROPERTY OF CISCO SYSTEMS. THE USE OF THIS SOFTWARE IS GOVERNED BY THE TERMS AND CONDITIONS OF THE AGREEMENT SET FORTH BELOW. BY CLICKING "YES" ON THIS SCREEN, YOU INDICATE THAT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THAT AGREEMENT. THEREFORE, PLEASE READ THE TERMS AND CONDITIONS CAREFULLY BEFORE CLICKING ON "YES". IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THE AGREEMENT, CLICK "NO" ON THIS SCREEN, IN WHICH CASE YOU WILL BE DENIED ACCESS TO THE SOFTWARE.
Ownership of the Software
1. The software contained in the Cisco VPN 3000 Monitor Application ("the Software"), to which you are requesting access, is owned or licensed by Cisco Systems and is protected by United States copyright laws, laws of other nations, and/or international treaties.
Grant Of License
2. Cisco Systems hereby grants to you the right to install and use the Software solely with Cisco Systems VPN 3000 Concentrator Series products, and for no other use.
Restrictions on Use and Transfer
3. You may not otherwise copy the Software, except that you may make one copy of the Software solely for backup or archival purposes. To this end, you may transfer the Software to a single set of disks provided you keep the disks solely for backup or archival purposes. You may not copy the written materials and you may not use the backup or archival copy of the Software except in conjunction with the Cisco Systems VPN 3000 products.
4. You may not transfer the Software to any third party without the express written permission of Cisco Systems. For permitted transfers, you may not export the Software to any country for which the United States requires any export license or other governmental approval at the time of export without first obtaining the requisite license and/or approval. Furthermore, you may not export the Software in violation of any export control laws of the United States or any other country.
5. You may not modify, translate, decompile, disassemble, use for any competitive analysis, reverse engineer, distribute, or create derivative works from, the Software or accompanying documentation or any copy thereof, in whole or in part.
6. The subject license will terminate immediately if you do not comply with any and all of the terms and conditions set forth herein. Upon termination for any reason, you (the licensee) must immediately destroy, or return to Cisco Systems, the Software and accompanying documentation and all copies thereof. Cisco Systems is not liable to you for damages in any form solely by reason of termination of this license.
7. You may not remove or alter any copyright, trade secret, patent, trademark, trade name, logo, product designation or other proprietary and/or other legal notices contained in or on the Software and accompanying documentation. These legal notices must be retained on any copies of the Software and accompanying documentation made pursuant to paragraphs 2 and 3 hereof.
8. You shall acquire no rights of any kind to any copyright, trade secret, patent, trademark, trade name, logo, or product designation contained in, or relating to, the Software or accompanying documentation and shall not make use thereof except as expressly authorized herein or otherwise authorized in writing by Cisco Systems.
9. Any notice, demand, or request with respect to this Agreement shall be in writing and shall be effective only if it is delivered by hand or mailed, certified or registered mail, postage prepaid, return receipt requested, addressed to Cisco Systems, whose address is set forth below. Such communications shall be effective when they are received by Cisco Systems.
Limited Warranty
10. Cisco Systems warrants that the Software will perform substantially in accordance with the accompanying written materials for a period of 90 days from the date of your receipt of the Software. Any implied warranties on the Software are limited to 90 days. Some states do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.
11. CISCO SYSTEMS DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WITH RESPECT TO THE SOFTWARE, THE ACCOMPANYING WRITTEN MATERIALS, AND THE ACCOMPANYING HARDWARE. This limited warranty gives you specific legal rights. You may have others, which vary from state to state.
12. CISCO SYSTEMS' ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE, AT CISCO SYSTEMS' CHOICE, EITHER (A) RETURN OF THE PRICE PAID OR (B) REPLACEMENT OF THE SOFTWARE THAT DOES NOT MEET CISCO SYSTEMS' LIMITED WARRANTY AND WHICH IS RETURNED TO CISCO SYSTEMS TOGETHER WITH A COPY OF YOUR RECEIPT. Any replacement Software will be warranted for the remainder of the original warranty period or 30 days, whichever is longer. These remedies are not available outside the United States of America.
13. This Limited Warranty is void if failure of the Software has resulted from modification, accident, abuse, or misapplication.
14. IN NO EVENT WILL CISCO SYSTEMS BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY LOSS OF PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OR INABILITY TO USE THE SOFTWARE. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
15. This Agreement is governed by the laws of the State of Massachusetts.
16. If you have any questions concerning this Agreement or wish to contact Cisco Systems for any reason, please call (508) 541-7300, or write to:
Cisco Systems
124 Grove Street, Suite 205
Franklin, Massachusetts 02038
17. U.S. Government Restricted Rights. The Software and accompanying documentation are provided with Restricted Rights. Use, duplication, or disclosure by the Government is subject to restrictions set forth in subparagraph (c)(1) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1)(ii) and (2) of Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Supplier is Cisco Systems, 124 Grove Street, Suite 205, Franklin, Massachusetts 02038.
18. This Agreement constitutes the entire agreement between Cisco Systems and the licensee. There are no understandings, agreements, representations, or warranties, expressed or implied, not specified herein regarding this Agreement or the Software licensed hereunder. Only the terms and conditions contained in this Agreement shall govern the transaction contemplated hereunder, notwithstanding any additional, different, or conflicting terms which may be contained in any purchase order or other documents pertaining to the subject transaction.
The Cisco VPN 3000 Monitor Application contains and uses software from other firms, under license. These copyright and license notices follow.
The following is the end user license agreement ("EULA") used on all of KL Group Inc.'s JClass products, other than JClass JarMaster and JClass JarHelper.
IMPORTANT -- READ CAREFULLY: This KL Group Inc. ("KL Group") End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and KL Group for the KL Group software product identified above, which computer software includes class libraries (including source code if you have purchased it), Sun Microsystems, Inc.'s Java Project X Technology and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE "). By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE; you may, however, return it to your place of purchase for a full refund.
SOFTWARE LICENSE
The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold.
1. GRANT OF LICENSE. This EULA grants you the following rights:
a If You Have Any Version Of A JClass Product:. This license permits a single developer to use the SOFTWARE on a single computer, subject to the restrictions in Section 3:
b Source Code. If you have purchased the "Source Code" version of any product, you must use reasonable efforts to maintain the confidentiality of the source code, including ensuring that it is installed and used only on the single machine for which it is licensed, and that it is not otherwise used or copied.
c Definition Of Use. The SOFTWARE is "in use" on a computer when it is loaded into temporary memory (i.e. RAM) or installed into permanent memory (e.g. hard disk, CD-ROM, or other storage device) of that computer, except that a copy installed on a network server for the sole purpose of distribution to other computers is not "in use".
2. LIMITED DISTRIBUTION RIGHTS. Your royalty-free distribution rights described in Section 1 above are granted provided that you:
a distribute the Applet (s) you build only in conjunction with and as an integral part of your Web pages, and distribute the class libraries only as an integral part of your end-user, stand-alone application;
b your Web pages or software product(s) are targeted at end-users, and are not a development tool;
c you do not use KL Group's name, logo or trademark to market your Web pages or application;
d you include a valid copyright notice on your Web pages and software products; and
e you agree to indemnify, hold harmless, and defend KL Group and its suppliers from and against any claims or lawsuits, including attorney's fees, that arise or result from the use or distribution of your Web pages and/or applications.
3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
a Rental. You may not rent, lease, or lend the SOFTWARE, but you may transfer the SOFTWARE and accompanying written materials on a permanent basis provided you retain no copies and the recipient agrees to the terms of this License Agreement. If the SOFTWARE is an upgrade, any transfer must include the most recent upgrade and all prior versions.
b Support Services. KL Group may provide you with support services related to the SOFTWARE ("Support Services"). Use of Support Services is governed by the KL Group policies and programs described in the user manual, "online" documentation, and/or other KL Group-provided materials. Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE and subject to the terms and conditions of this EULA. With respect to technical information you provide to KL Group as part of the Support Services, KL Group may use such information for its business purposes, including for product support and development. KL Group will not utilize such technical information in a form that personally identifies you.
c Termination. Without prejudice to any other rights, KL Group may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE and all of its component parts.
4. UPGRADES.
If the SOFTWARE is labeled as an upgrade, you must be properly licensed to use a product identified by KL Group as being eligible for the upgrade in order to use the SOFTWARE. SOFTWARE labeled as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA.
5. COPYRIGHT.
All title and copyrights in and to the SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE are owned by KL Group or its suppliers. Specifically, all title and copyrights in and to the Java Project X Technology are owned and licensed by Sun Microsystems, Inc, Copyright Sun Microsystems, Inc. All rights reserved.
The SOFTWARE is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE like any other copyrighted material except that you may install the SOFTWARE on a single computer provided you keep the original solely for backup or archival purposes. You may not copy the printed materials accompanying the SOFTWARE.
6. DUAL-MEDIA SOFTWARE.
You may receive the SOFTWARE in more than one medium. Regardless of the type or size of medium you receive, you may use only one medium that is appropriate for your single computer. You may not use or install the other medium on another computer. You may not loan, rent, lease, or otherwise transfer the other medium to another user.
7. U.S. GOVERNMENT RESTRICTED RIGHTS.
The SOFTWARE and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph(c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is KL Group Inc., 260 King Street East, Toronto, Ontario, Canada, M5A 1K3.
8. EXPORT RESTRICTIONS.
You agree that you do not intend to or will, directly or indirectly, export or transmit the SOFTWARE or related documentation and technical data, or process, or service that is the direct product of the SOFTWARE, to any country to which such export or transmission is restricted by any applicable U.S., Canadian or other State regulation or statute, without the prior written consent, if required, of the Bureau of Export Administration of the U.S. Department of Commerce, or such other governmental entity as may have jurisdiction over such export or transmission.
9. MISCELLANEOUS
If you acquired this product in the United States this EULA is governed by the laws of New York State, and the parties agree to resolve any dispute exclusively in the courts at New York City. If you acquired this product in Canada, this EULA is governed by the laws of the Province of Ontario, and the parties agree to resolve any dispute exclusively in the courts at Toronto.
If this product was acquired outside the United States or Canada, then local law may apply.
Should you have any questions concerning this EULA, or if you desire to contact KL Group for any reason, please contact the KL Group subsidiary serving your country, or write: KL Group Sales Information, 260 King Street East, Toronto, Ontario, Canada, M5A 1K3.
10. LIMITED WARRANTY.
LIMITED WARRANTY. KL Group warrants that (a) the SOFTWARE will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt, and (b) any Support Services provided by KL Group shall be substantially as described in applicable written materials provided to you by KL Group, and KL Group support engineers will make commercially reasonable efforts to solve any problem issues. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the SOFTWARE, if any, are limited to ninety (90) days.
CUSTOMER REMEDIES. KL Group's and its suppliers' entire liability and your exclusive remedy shall be, at KL Group's option, either (a) return of the price paid, if any, or (b) repair or replacement of the SOFTWARE that does not meet KL Group's Limited Warranty and that is returned to KL Group with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States and Canada, neither these remedies nor any product support services offered by KL Group are available without proof of purchase from an authorized international source.
SPECIFIC DISCLAIMER FOR HIGH-RISK ACTIVITIES. The SOFTWARE is not designed or intended for use in high-risk activities including, without restricting the generality of the foregoing, on-line control of aircraft, air traffic, aircraft navigation or aircraft communications; or in the design, construction, operation or maintenance of any nuclear facility. KL Group and its suppliers specifically disclaim any express or implied warranty of fitness for such purposes or any other purposes.
NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KL GROUP AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE AND THE ACCOMPANYING PRINTED MATERIALS. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
11. LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KL GROUP OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF KL GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, KL GROUP'S AND ITS SUPPLIERS' ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR US$5.00; PROVIDED, HOWEVER, IF YOU HAVE ENTERED INTO A KL GROUP SUPPORT SERVICES AGREEMENT, KL GROUP'S ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
JCL4.0-LIC-STD-9911
Copyright (C) 1995, 1996, 1998 by Westhawk Ltd
Permission to use, copy, modify, and distribute this software for any purpose and without fee is hereby granted, provided that the above copyright notices appear in all copies and that both the copyright notice and this permission notice appear in supporting documentation. This software is provided "as is" without express or implied warranty.
thp@westhawk.co.uk (Tim Panton)
Posted: Tue Aug 28 13:35:21 PDT 2001
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