releases-comm-central/other-licenses/branding/sunbird/license.txt

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