IMPORTANT: CAREFULLY READ THIS LICENSE AGREEMENT BEFORE USING THE SOFTWARE.
INSTALLING OR DOWNLOADING THE SOFTWARE, INDICATES ACCEPTANCE OF AND AGREEMENT TO, AND LEGALLY BINDS YOU TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. IF YOU DO NOT ACCEPT AND AGREE TO ALL THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT THEN EITHER DO NOT DOWNLOAD, INSTALL OR OTHERWISE USE THE SOFTWARE.
This end user license agreement ("EULA") governs the use of any of the versions of Jeoss Linux (as set forth at www.vercot.com/~jeoss/), and any related updates, source code, appearance, structure and organization (the "Jeoss Distribution"), regardless of the delivery mechanism.
1. License Grant. Subject to the following terms, the "Jeoss Distribution" maker Patrick Masotta (the "Licensor") grants to you (the "User") a perpetual, worldwide license to the "Jeoss Distribution" pursuant to the GNU General Public License v.2. The "Jeoss Distribution" is a modular operating system consisting of hundreds of software components. With the exception of certain files identified in Section 2 below, the license agreement for each software component is located in the software component's source code and/or in the individual files in /usr/share/doc/*/copyright and permits the "User" to run, copy, modify, and redistribute (subject to certain obligations in some cases) the software component, in both source code and binary code forms. This EULA pertains solely to the "Jeoss Distribution" and does not limit the "User's" rights under, or grant the User rights that supersede, the license terms of any particular component.
2. Intellectual Property Rights. The "Jeoss Distribution" and each of their components are owned by the "Licensor" and others and are protected under copyright law and under other laws as applicable. Title to the "Jeoss Distribution" and any component, or to any copy, modification, or merged portion shall remain with the aforementioned, subject to the applicable license. This EULA does not permit the "User" to distribute the "Jeoss Distribution" or their components when they contain any form of "Jeoss Distribution" reference or mention, any form of "Licensor" reference or mention, any "Licensor" digital signature file, or any "Licensor" owned software component not released under the GNU General Public License v.2. The "User" may distribute or make a commercial redistribution of the "Jeoss Distribution" only if, (a) a separate agreement with the "Licensor" authorizing such commercial redistribution is executed or other written permission is granted by the "Licensor" or (b) User modifies the "Jeoss Distribution" to remove and replace all "Jeoss Distribution" references and mentions, all "Licensor" references and mentions, all "Licensor" electronic signature files, and all "Licensor" owned software components not released under the GNU General Public License v.2.
3. Limited Warranty. Except as specifically stated in this Section 3, a separate agreement with the "Licensor", or a license for a particular component, to the maximum extent permitted under applicable law, the "Distribution" and the components are provided and licensed "as is" without warranty of any kind, expressed or implied, including the implied warranties of merchantability, non-infringement or fitness for a particular purpose. The "Licensor" warrants that the media on which the "Distribution" and the components are furnished will be free from defects in materials and manufacture under normal use for a period of 30 days from the date of delivery to the "User". The "Licensor" does not warrant that the functions contained in the "Distribution" will meet the "User's" requirements or that the operation of the "Distribution" will be entirely error free, appear precisely as described in the on-line or accompanying documentation, or comply with regulatory requirements. This warranty extends only to the party that purchases the "Distribution" or services pertaining to the "Distribution" from the "Licensor".
4. Limitation of Remedies and Liability. To the maximum extent permitted by applicable law, the User's exclusive remedy under this EULA is to return any defective media within 30 days of delivery along with a copy of the User's payment receipt and the "Licensor", at its option, will replace it or refund the money paid by the "User" for the media. To the maximum extent permitted under applicable law, neither the "Licensor", any "Licensor" authorized distributor, nor the licensor of any component provided to the "User" under this EULA will be liable to the "User" for any incidental or consequential damages, including lost profits or lost savings arising out of the use or inability to use the "Distribution" or any component, even if the "Licensor", such authorized distributor or licensor has been advised of the possibility of such damages. In no event shall the "Licensor's" liability, an authorized distributor's liability or the liability of the licensor of a component provided to the "User" under this EULA exceed the amount that the "User" paid to the "Licensor" under this EULA during the twelve months preceding the action.
5. Export Control. As required by the laws of the United States and other countries, the "User" represents and warrants that it: (a) understands that the "Distribution" and their components may be subject to export controls under the U.S. Commerce Department's Export Administration Regulations ("EAR"); (b) is not located in a prohibited destination country under the EAR or U.S. sanctions regulations (currently Cuba, Iran, Iraq, North Korea, Sudan and Syria, subject to change as posted by the United States government); (c) will not export, re-export, or transfer the Programs to any prohibited destination or persons or entities on the U.S. Bureau of Industry and Security Denied Parties List or Entity List, or the U.S. Office of Foreign Assets Control list of Specially Designated Nationals and Blocked Persons, or any similar lists maintained by other countries, without the necessary export license(s) or authorizations(s); (d) will not use or transfer the "Distribution" for use in connection with any nuclear, chemical or biological weapons, missile technology, or military end-uses where prohibited by an applicable arms embargo, unless authorized by the relevant government agency by regulation or specific license; (e) understands and agrees that if it is in the United States and exports or transfers the "Distribution" to eligible end users, it will, to the extent required by EAR Section 740.17(e), submit semi-annual reports to the Commerce Department's Bureau of Industry and Security, which include the name and address (including country) of each transferee; and (f) understands that countries including the United States may restrict the import, use, or export of encryption products (which may include the "Distribution" and the components) and agrees that it shall be solely responsible for compliance with any such import, use, or export restrictions.
6. Third Party Programs. The "Licensor" may distribute third party software programs with the "Distribution" that are not part of the "Distribution". These third party programs are not required to run the "Distribution", are provided as a convenience to the "User", and are subject to their own license terms. The license terms either accompany the third party software programs or can be viewed at http://www.vercot.com/~jeoss/. If the "User" does not agree to abide by the applicable license terms for the third party software programs, then the "User" may not install them. If the "User" wishes to install the third party software programs on more than one system or transfer the third party software programs to another party, then User must contact the licensor of the applicable third party software programs.
7. General. If any provision of this agreement is held to be unenforceable, that shall not affect the enforceability of the remaining provisions. This agreement shall be governed by the laws of he United States, without regard to any conflict of laws provisions. The rights and obligations of the parties to this EULA shall not be governed by the United Nations Convention on the International Sale of Goods.
Copyright (c) 2010 Patrick Masotta. All rights reserved.
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