License Agreement/Trademarks/Acknowledgments
eComStation 2.0 End User License Agreement
READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT
CAREFULLY BEFORE INSTALLING AND USING THIS COMPUTER
SOFTWARE AND THE ACCOMPANYING USER DOCUMENTATION (THE
"PROGRAM"). THE PROGRAM IS COPYRIGHTED AND LICENSED (NOT
SOLD). BY INSTALLING THE PACKAGE CONTAINING THE PROGRAM, YOU
ARE ACCEPTING AND AGREEING TO THE TERMS OF THIS LICENSE
AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF
THIS LICENSE AGREEMENT, YOU SHOULD PROMPTLY RETURN THE
PACKAGE TO THE PLACE OF PURCHASE TO ARRANGE FOR A REFUND OF
YOUR PURCHASE. THIS LICENSE AGREEMENT REPRESENTS THE ENTIRE
AGREEMENT CONCERNING THE PROGRAM BETWEEN YOU AND Mensys
B.V. AND IT SUPERSEDES ANY PRIOR PROPOSAL, REPRESENTATION OR
UNDERSTANDING BETWEEN THE PARTIES. NOTE: IF YOU ARE USING A
PREVIEW COPY OF THIS SOFTWARE, YOU ARE REQUIRED TO INSTALL THE
GENERALLY RELEASED PRODUCT. AT THAT TIME, NO FURTHER USE OF
THE PREVIEW SOFTWARE IS AUTHORIZED.
Product versions:
The following eComStation 2.0 versions are available:
* eComStation 2.0 Home & Student
* eComStation 2.0 Business Edition
*eComStation 2.0 Server Edition
The Home & Student version can be used by any private or small office user. As a
private or small office user, you are allowed to have up to 5 licenses installed for
production usage. If you need to install more than 5 licenses, you are required to
purchase the Business Edition.
License Grant:
Licensor hereby grants to you, and you accept, a nonexclusive license to use the
Program and the computer programs contained therein in machine readable, object code
form only (collectively referred to as the "Software", see Information About Your
Software, later on this document) and the accompanying User Documentation, only as
authorized in this License Agreement. A license for each copy of eComStation is
required for each computer owned, leased, or otherwise controlled by you; or in the
event of the inoperability of that computer, on a backup computer selected by you.
Neither concurrent use on two or more computers nor use in a local area network or
other network is permitted without separate authorization and the payment of other
license fees.
In addition to your primary computer, eComStation may be stored on secondary
machine, such as a home or portable computer, provided that eComStation is not in
active use on both machines at the same time. This would expressly prohibit running
VNC eComStation on the primary computer from the secondary machine, a home or
portable computer. You agree that you will not assign, sublicense, transfer, pledge,
lease, rent, or share your rights under this License Agreement without permission from
Mensys B.V. You agree that you may not reverse assemble, reverse compile, or
otherwise translate the Software.
A program is considered in use when it resides in memory or is otherwise stored in the
machine. A program stored on a network server solely for the purpose of being
distributed to other machines is not considered to be in use, but your use may not exceed
the total number of users authorized. You may transfer all your rights and obligations
under this license to another party. To transfer such rights and obligations, you must
transfer an unaltered copy of this license agreement.
Upon loading the Software into your computer, you may retain the Program Media for
backup purposes. In addition, you may make one copy of the Software on a second set
of media for the purpose of backup in the event the Program media is damaged or
destroyed. You may make one copy of the User's Manual for backup purposes. Any
such copies of the Software or the User's Manual shall include Licensor's copyright and
other proprietary notices. Except as authorized under this paragraph, no copies of the
Program or any portions thereof may be made by you or any person under your
authority or control.
Licensor's Rights:
You acknowledge and agree that the Software and the User's Manual are proprietary
products of Licensor protected under European Union copyright law and other countries
as appropriate. You further acknowledge and agree that all rights, title and interest in
and to the Program, including associated intellectual property rights, are and shall
remain with Licensor. This License Agreement does not convey to you an interest in or
to the Program, but only a limited right of use revocable in accordance with the terms of
this "License Agreement."
License Fees:
The license fees paid by you are paid in consideration of the licenses granted under this
License Agreement. Payments must be made to Mensys B.V., or designated distributors
and resellers from whom you acquired eComStation. You agree to notify Mensys B.V.,
or its distributors or resellers and pay any applicable charges if you change the number
of users.
Term:
This License Agreement is effective upon your installation and use of this package and
shall continue until terminated. You may terminate this License Agreement at any time
by returning the Program and all copies thereof, save one copy which may be kept for
your archive and extracts therefrom to Licensor. Licensor may terminate this License
Agreement upon the breach by you of any term hereof. Upon such termination by
Licensor, you agree to return to Licensor the Program and all copies and portions thereof.
Limited Warranty:
Licensor warrants, for your benefit alone, for a period of 90 days from the date of
commencement of this License Agreement (referred to as the "Warranty Period") that
the Program media in which the Software is contained are free from defects in material
and workmanship. Licensor further warrants, for your benefit alone, that during the
Warranty Period the Program shall operate substantially in accordance with the
functional specifications in the User's Manual. Mensys B.V. does not warrant
uninterrupted or error-free operation of eComStation.
If during the Warranty Period, a defect in the Program appears, you may return the
Program to your distributor for either replacement or, if so elected by distributor, refund
of amounts paid by you under this License Agreement. You agree that the foregoing
constitutes your sole and exclusive remedy for breach by Licensor of any warranties
made under this Agreement.
EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, THE PROGRAM AND
THE SOFTWARE CONTAINED THEREIN, ARE LICENSED "AS IS," AND
LICENSOR DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE.
Limitation of Liability:
Licensor's cumulative liability to you or any other party for any loss or damages
resulting from any claims, demands, or actions arising out of or relating to this
Agreement shall not exceed the license fee paid to Licensor for the use of the Program.
In no event shall Licensor be liable for any indirect, incidental, consequential, special,
or exemplary damages or lost profits, even if Licensor has been advised of the
possibility of such damages. THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIALDAMAGES, MAY BE CONTROLLED
BY LOCAL REGULATION, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Trademark:
eComStation, eComServer are trademarks of Licensor. No right, license, or interest to
such trademark is granted hereunder and you agree that no such right, license, or
interest shall be asserted by you with respect to such trademark.
Governing Law:
This License Agreement shall be construed and governed in accordance with the laws of
the applicable jurisdiction.
Costs of Litigation:
If any action is brought by either party to this License Agreement against the other party
regarding the subject matter hereof, the prevailing party shall be entitled to recover, in
addition to any other relief granted, reasonable attorney fees and expenses of litigation,
as appropriate under applicable jurisdiction.
Severability:
Should any term of this License Agreement be declared void or unenforceable by any
court of competent jurisdiction, such declaration shall have no effect on the remaining
terms hereof.
No Waiver:
The failure of either party to enforce any rights granted hereunder or to take action
against the other party in the event of any breach hereunder shall not be deemed a
waiver by that party as to subsequent enforcement of rights or subsequent actions in the
event of future breaches.
Information About Your Software:
eComStation 2.0 includes a license to use the following products with eComStation:
* IBM OS/2 Warp V4, IBM Product Number 31L0480M
* Note: eComStation upgrade product users are required to supply their own valid
license for OS/2 V4
* IBM OS/2 Warp Convenience Pak, IBM Product Number AS6Y5NA
* eWP - an OEM version of XWorkplace
* eCSCoNet - an OEM version of ISDNPM
Third Party Work:
eComStation contains driver(s) and application(s) belonging to a Third Party,
hereinafter referred to as Third Party Work (TPW). TPW is licensed to Mensys B.V. for
distribution with eComStation from the following companies and or persons (hereinafter
referred to as the licensor):
* 3Com Corporation
* Abbotsbury Software Ltd.
* Artem GmbH
* AVM GmbH for International Communications Technology
* Analog Devices
* Broadcom
* Creative Technology Ltd.
* Cirrus Logic Inc.
* Christian Langanke (Internet Assistant).
* DAWICONTROL Computersysteme GmbH
* Eicon Networks Corporation
* Elsa AG
* HST High Soft Tech Gesellschaft fur Telekommunikation GmbH
* Intel
* Mainconcept
* Marvell Yukon (also covers:Syskonnect(Schneider & Koch) and Galileo Technology Ltd)
* Ralink
* Realtek
* Teles AG TCS
* Network card drivers from Yanagihara Nobuyuki (GOMI NDIS drivers)
In accordance with the agreements with HST, and Eicon, we must inform you that:
The HST and Eicon ISDN drivers you receive with eComStation may
not be installed on systems without a valid eComStation license.
In accordance with the agreement with Creative Technology Ltd., we must inform you
that:
The supplied SB 16 and SB AWE 32/64 may only be used with Creative
products. All copyrights, patents, trademarks belong to the respective
licensor(s) of the TPW. The TPW is provided on an "AS IS" basis. No
warranty of any kind is offered, and no claim of suitability for use on any
system should be assumed. None of the drivers that come with
eComStation can be redistributed, and may not be uploaded to FTP servers.
eComStation 2.0 contains the Doodle Screen Saver.
This software has been tested and found stable. However this screen saver should not be
used on mission critical systems such as MEDICAL, NUCLEAR, AVIATION,
NAVIGATION, MILITARY, OR OTHER HIGH RISK APPLICATIONS.
The screen saver displays animations. These animations may contain certain flashing
lights and/or light patterns. A very small percentage of people may experience epileptic
seizures when exposed to certain patterns or backgrounds. Certain conditions can trigger
previously unnoticed epileptic symptoms even with people who have no history of prior
seizures or epilepsy. If any of the people for who this computer is accessible and/or
visible and has an epileptic condition, consult your physician prior to using the screen saver.
If you experience any of the following symptoms (after or while looking at the screen
saver) - dizziness, eye and/or muscle twitches, altered vision, loss of awareness, being
disorientated, or convulsions - IMMEDIATELY switch off the Doodle screen saver and
consult your physician.
eComStation 2.0 contains Quickmotion 2.0 and the Anpo video codecs.
In accordance with the agreement with Andreas Portelo, we must inform you that:
The Quickmotion 2.0 binaries have been licensed from Andreas Portelo
by Mensys B.V. for inclusion with eComStation. These Quickmotion
binaries that come with eComStation may only be used on systems with
a valid eComStation 2.0 license (or higher). This product is covered by
the Mensys B.V. End User License Agreement. This software is
Copyright (c) Andreas Portelo. Support is not provided by Andreas
Portelo to customers. For support issues customers must contact
http://www.ecomstation.com/support
eComStation 2.0 contains network card drivers from Intel:
Usage of these drivers is under the following conditions:
This Software is licensed for use only in conjunction with Intel component products.
Use of the Software in conjunction with non-Intel component products is not licensed
hereunder. You may not reverse engineer, decompile, or disassemble the Software.
NO OTHER RIGHTS. No rights or licenses are granted by Intel to You, expressly
or by implication, with respect to any proprietary information or patent, copyright,
mask work, trademark, trade secret, or other intellectual property right owned or
controlled by Intel, except as expressly provided in this Agreement.
OWNERSHIP OF SOFTWARE AND COPYRIGHTS. Title to all copies of the
Software remains with Intel or its suppliers. The Software is copyrighted and
protected by the laws of the United States and other countries, and international treaty
provisions. You may not remove any copyright notices from the Software. Intel may
make changes to the Software, or to items referenced therein, at any time without notice,
but is not obligated to support or update the Software. Except as otherwise expressly
provided, Intel grants no express or implied right under Intel patents, copyrights,
trademarks, or other intellectual property rights. You may transfer the Software only if
the recipient agrees to be fully bound by these terms and if you retain no copies of the
Software.
EXCLUSION OF OTHER WARRANTIES. EXCEPT AS PROVIDED ABOVE, THE
SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY
OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR
FITNESS FOR A PARTICULAR PURPOSE.
Intel does not warrant or assume responsibility for the accuracy or completeness of any
information, text, graphics, links or other items contained within the Software.
LIMITATION OF LIABILITY. IN NO EVENT SHALL INTEL OR ITS SUPPLIERS
BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, OR LOST
INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE
SOFTWARE, EVEN IF INTEL HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT EXCLUSION OR LIMITATION
OF LIABILITY FOR IMPLIED WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER
LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
eComStation contains Network drivers from Ralink:
RALINK SOFTWARE END USER LICENSE AGREEMENT
Copyright (C) RALINK TECHNOLOGY, CORP. All Rights Reserved.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international
copyright treaties, as well as other intellectual property laws and treaties. The
SOFTWARE PRODUCT is licensed, not sold.
1.GRANT OF LICENSE.
This End-User License Agreement grants you the following rights:
(1)Installation and Use. You may install and use an unlimited number of copies of the
SOFTWARE PRODUCT. (2)Reproduction and Distribution. You may reproduce and
distribute an unlimited number of copies of the SOFTWARE PRODUCT; provided that
each copy shall be a true and complete copy, including all copyright and trademark
notices, and shall be accompanied by a copy of this EULA. Copies of the SOFTWARE
PRODUCT may be distributed as a standalone product or included with your own
product.
2.DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not
reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and
only to the extent that such activity is expressly permitted by applicable law
notwithstanding this limitation. Hardware Requirements: You must have a RALINK
Wireless product.
The Ralink Drivers are provided with eComStation on an AS-IS basis
eComStation 2.0 contains network card drivers from Marvell Yukon:
The Proprietary Deliverables are proprietary to Marvell and Mensys B.V. Subject to
Mensys B.V. compliance with the terms and conditions of this agreement, Marvell
hereby grants Mensys B.V., during the term of this Agreement, a worldwide, non-
transferable, non-exclusive, revocable, royalty-free limited license to (i) use and
reproduce the Proprietary Deliverables solely for development of Mensys B.V. and/or
Mensys B.V.; and (ii) reproduce, have reproduced, display, perform, transmit, license,
import, export, rent, lease and distribute through multiple tiers of distribution the
Proprietary Deliverables, in binary or executable form, solely as incorporated into
Mensys B.V. Product and/or Mensys B.V. Software or distributed solely for use with
Mensys B.V. Products. No license is granted in any human readable (source) code of the
Marvell network card drivers. The Marvell Drivers are provided with eComStation on
an AS-IS basis. All rights remain owned by Marvell.
eComStation 2.0 contains the MMIO FLAC codec (multimedia):
Copyright 2001-2003 by Josh Coalson and Russell O'Connor. This library is free
software; you can redistribute it and/or modify it under the terms of the GNU Lesser
General Public License as published by the Free Software Foundation; either version 2.1
of the License, or (at your option) any later version. This library is distributed in the
hope that it will be useful, but WITHOUT ANY WARRANTY; without even the
implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR
PURPOSE. See the it under the terms of the GNU Lesser General Public License for
more details.
eComStation 2.0 contains the MMIO OGG Vorbis codec (multimedia):
This program is Copyright 2001-2003 by Xiphophorus and Russell O'Connor.
Redistribution and use in source and binary forms, with or without modification, are
permitted provided that the following conditions are met:
Redistributions of source code must retain the above copyright notice, this list of
conditions and the following disclaimer. Redistributions in binary form must reproduce
the above copyright notice, this list of conditions and the following disclaimer in the
documentation and/or other materials provided with the distribution. Neither the name
of the Xiphophorus nor the names of its contributors may be used to endorse or promote
products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND
CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
DISCLAIMED. IN NO EVENT SHALL THE REGENTS OR CONTRIBUTORS BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS
OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER
CAUSED AND ON AN THEORY OF LIABILITY, WHETHER IN CONTRACT,
STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
The full source code of the the two above codecs can be downloaded from:
http://math.berkeley.edu/~roconnor/MMAudioPak/
eComStation contains components of the Netscape 4.61 plugin pack.
The components covered by this are the OpenMPEG codec in MMeCS and the browser
plugins. These components are not supported by IBM.
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