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115 строки
6.2 KiB
Plaintext
115 строки
6.2 KiB
Plaintext
MOZILLA FOUNDATION
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MOZILLA SUNBIRD END-USER SOFTWARE LICENSE AGREEMENT
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Version 1.1
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A SOURCE CODE VERSION OF CERTAIN SUNBIRD CALENDAR FUNCTIONALITY THAT
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YOU MAY USE, MODIFY AND DISTRIBUTE IS AVAILABLE TO YOU FREE-OF-CHARGE
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FROM WWW.MOZILLA.ORG UNDER THE MOZILLA PUBLIC LICENSE and other open
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source software licenses.
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The accompanying executable code version of Mozilla Sunbird and
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related documentation (the "Product") is made available to you under
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the terms of this MOZILLA SUNBIRD END-USER SOFTWARE LICENSE AGREEMENT
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(THE "AGREEMENT"). BY CLICKING THE "ACCEPT" BUTTON, OR BY INSTALLING
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OR USING THE MOZILLA SUNBIRD CALENDAR, YOU ARE CONSENTING TO BE BOUND
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BY THE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF
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THIS AGREEMENT, DO NOT CLICK THE "ACCEPT" BUTTON, AND DO NOT INSTALL
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OR USE ANY PART OF THE MOZILLA SUNBIRD CALENDAR.
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DURING THE MOZILLA SUNBIRD INSTALLATION PROCESS, AND AT LATER TIMES,
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YOU MAY BE GIVEN THE OPTION OF INSTALLING ADDITIONAL COMPONENTS FROM
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THIRD-PARTY SOFTWARE PROVIDERS. THE INSTALLATION AND USE OF THOSE
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THIRD-PARTY COMPONENTS MAY BE GOVERNED BY ADDITIONAL LICENSE
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AGREEMENTS.
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1. LICENSE GRANT. The Mozilla Foundation grants you a non-exclusive
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license to use the executable code version of the Product. This
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Agreement will also govern any software upgrades provided by Mozilla
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that replace and/or supplement the original Product, unless such
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upgrades are accompanied by a separate license, in which case the
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terms of that license will govern.
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2. TERMINATION. If you breach this Agreement your right to use the
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Product will terminate immediately and without notice, but all
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provisions of this Agreement except the License Grant (Paragraph 1)
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will survive termination and continue in effect. Upon termination, you
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must destroy all copies of the Product.
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3. PROPRIETARY RIGHTS. Portions of the Product are available in source
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code form under the terms of the Mozilla Public License and other open
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source licenses (collectively, "Open Source Licenses") at
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http://www.mozilla.org. Nothing in this Agreement will be construed to
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limit any rights granted under the Open Source Licenses. Subject to
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the foregoing, Mozilla, for itself and on behalf of its licensors,
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hereby reserves all intellectual property rights in the Product,
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except for the rights expressly granted in this Agreement. You may not
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remove or alter any trademark, logo, copyright or other proprietary
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notice in or on the Product. This license does not grant you any right
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to use the trademarks, service marks or logos of Mozilla or its
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licensors.
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4. DISCLAIMER OF WARRANTY. THE PRODUCT IS PROVIDED "AS IS" WITH ALL
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FAULTS. TO THE EXTENT PERMITTED BY LAW, MOZILLA AND MOZILLA'S
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DISTRIBUTORS, LICENSORS HEREBY DISCLAIM ALL WARRANTIES, WHETHER
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EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES THAT THE
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PRODUCT IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE
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AND NON-INFRINGING. YOU BEAR ENTIRE RISK AS TO SELECTING THE PRODUCT
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FOR YOUR PURPOSES AND AS TO THE QUALITY AND PERFORMANCE OF THE
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PRODUCT. THIS LIMITATION WILL APPLY NOTWITHSTANDING THE FAILURE OF
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ESSENTIAL PURPOSE OF ANY REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE
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EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY
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NOT APPLY TO YOU.
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5. LIMITATION OF LIABILITY. EXCEPT AS REQUIRED BY LAW, MOZILLA AND ITS
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DISTRIBUTORS, DIRECTORS, LICENSORS, CONTRIBUTORS AND AGENTS
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(COLLECTIVELY, THE "MOZILLA GROUP") WILL NOT BE LIABLE FOR ANY
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INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES
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ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR THE USE OF
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OR INABILITY TO USE THE PRODUCT, INCLUDING WITHOUT LIMITATION DAMAGES
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FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, AND
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COMPUTER FAILURE OR MALFUNCTION, EVEN IF ADVISED OF THE POSSIBILITY OF
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SUCH DAMAGES AND REGARDLESS OF THE THEORY (CONTRACT, TORT OR
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OTHERWISE) UPON WHICH SUCH CLAIM IS BASED. THE MOZILLA GROUP'S
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COLLECTIVE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE GREATER
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OF $500 (FIVE HUNDRED DOLLARS) AND THE FEES PAID BY YOU UNDER THIS
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LICENSE (IF ANY). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
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LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, SO THIS
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EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
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6. EXPORT CONTROLS. This license is subject to all applicable export
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restrictions. You must comply with all export and import laws and
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restrictions and regulations of any United States or foreign agency or
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authority relating to the Product and its use.
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7. U.S. GOVERNMENT END-USERS. The Product is a "commercial item," as
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that term is defined in 48 C.F.R. 2.101, consisting of "commercial
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computer software" and "commercial computer software documentation,"
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as such terms are used in 48 C.F.R. 12.212 (Sept. 1995) and 48
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C.F.R. 227.7202 (June 1995). Consistent with 48 C.F.R. 12.212, 48
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C.F.R. 27.405(b)(2) (June 1998) and 48 C.F.R. 227.7202, all
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U.S. Government End Users acquire the Product with only those rights
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as set forth herein.
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8. MISCELLANEOUS. (a) This Agreement constitutes the entire agreement
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between Mozilla and you concerning the subject matter hereof, and it
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may only be modified by a written amendment signed by an authorized
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executive of Mozilla. (b) Except to the extent applicable law, if any,
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provides otherwise, this Agreement will be governed by the laws of the
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state of California, U.S.A., excluding its conflict of law
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provisions. (c) This Agreement will not be governed by the United
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Nations Convention on Contracts for the International Sale of
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Goods. (d) If any part of this Agreement is held invalid or
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unenforceable, that part will be construed to reflect the parties'
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original intent, and the remaining portions will remain in full force
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and effect. (e) A waiver by either party of any term or condition of
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this Agreement or any breach thereof, in any one instance, will not
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waive such term or condition or any subsequent breach thereof. (f)
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Except as required by law, the controlling language of this Agreement
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is English. (g) You may assign your rights under this Agreement to any
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party that consents to, and agrees to be bound by, its terms; the
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Mozilla Foundation may assign its rights under this Agreement without
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condition. (h) This Agreement will be binding upon and will inure to
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the benefit of the parties, their successors and permitted assigns.
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