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A
PPENDIX
D
Open Software Announcements
End-User License Agreement for “ZyWALL USG 50”
WARNING:
ZyXEL Communications Corp. IS WILLING TO LICENSE THE
SOFTWARE TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE
TERMS CONTAINED IN THIS LICENSE AGREEMENT.
PLEASE READ THE TERMS
CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AS INSTALLING
THE SOFTWARE WILL INDICATE YOUR ASSENT TO THEM.
IF YOU DO NOT AGREE
TO THESE TERMS, THEN ZyXEL IS UNWILLING TO LICENSE THE SOFTWARE TO
YOU, IN WHICH EVENT YOU SHOULD RETURN THE UNINSTALLED SOFTWARE AND
PACKAGING TO THE PLACE FROM WHICH IT WAS ACQUIRED OR ZyXEL, AND
YOUR MONEY WILL BE REFUNDED. HOWEVER CERTAIN COMPONENTS OF THE
SOFTWARE, AND THIRD PARTY OPEN SOURCE PROGRAMS INCLUDED WITH THE
SOFTWARE, HAVE BEEN OR MAY BE MADE AVAILABLE BY ZyXEL LISTED IN THE
BELOW NOTICE (COLLECTIVELY THE ìOPEN-SOURCED COMPONENTASî). FOR
THESE OPEN-SOURCED COMPONENTS YOU SHOULD COMPLY WITH THE TERMS
OF THIS LICENSE AND ANY APPLIABLE LICNESING TERMS GOVERNING USE OF
THE OPEN-SOURCED COMPONENTS, WHICH HAVE BEEN PROVIDED ON THE
LICENSE NOTICE AS BELOW FOR THE SOFTWARE.
1. Grant of License for Personal Use
ZyXEL Communications Corp. ("ZyXEL") grants you a non-exclusive, non-
sublicense, non-transferable license to use the program with which this license is
distributed (the "Software"), including any documentation files accompanying the
Software ("Documentation"), for internal business use only, for up to the number
of users specified in sales order and invoice. You have the right to make one
backup copy of the Software and Documentation solely for archival, back-up or
disaster recovery purposes.
You shall not exceed the scope of the license granted
hereunder. Any rights not expressly granted by ZyXEL to you are reserved by
ZyXEL, and all implied licenses are disclaimed.
2. Ownership
You have no ownership rights in the Software.
Rather, you have a license to use
the Software as long as this License Agreement remains in full force and effect.
Ownership of the Software, Documentation and all intellectual property rights
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therein shall remain at all times with ZyXEL.
Any other use of the Software by any
other entity is strictly forbidden and is a violation of this License Agreement.
3. Copyright
The Software and Documentation contain material that is protected by
International Copyright Law and trade secret law, and by international treaty
provisions.
All rights not granted to you herein are expressly reserved by ZyXEL.
You may not remove any proprietary notice of ZyXEL or any of its licensors from
any copy of the Software or Documentation.
4. Restrictions
You may not publish, display, disclose, sell, rent, lease, modify, store, loan,
distribute, or create derivative works of the Software, or any part thereof. You
may not assign, sublicense, convey or otherwise transfer, pledge as security or
otherwise encumber the rights and licenses granted hereunder with respect to the
Software. Certain components of the Software, and third party open source
programs included with the Software, have been or may be made available by
ZyXEL listed in the below Notice (collectively the ìOpen-Sourced Componentsî) You
may modify or replace only these Open-Sourced Components; provided that you
comply with the terms of this License and any applicable licensing terms
governing use of the Open-Sourced Components, which have been provided on
the License Notice as below for the Software. ZyXEL is not obligated to provide
any maintenance, technical or other support for the resultant modified Software.
You may not copy, reverse engineer, decompile, reverse compile, translate, adapt,
or disassemble the Software, or any part thereof, nor shall you attempt to create
the source code from the object code for the Software. Except as and only to the
extent expressly permitted in this License, by applicable licensing terms governing
use of the Open-Sourced Components, or by applicable law, you may not market,
co-brand, private label or otherwise permit third parties to link to the Software, or
any part thereof.
You may not use the Software, or any part thereof, in the
operation of a service bureau or for the benefit of any other person or entity.
You
may not cause, assist or permit any third party to do any of the foregoing.
Portions of the Software utilize or include third party software and other copyright
material. Acknowledgements, licensing terms and disclaimers for such material
are contained in the License Notice as below for the Software, and your use of
such material is governed by their respective terms. ZyXEL has provided, as part
of the Software package, access to certain third party software as a convenience.
To the extent that the Software contains third party software, ZyXEL has no
express or implied obligation to provide any technical or other support for such
software. Please contact the appropriate software vendor or manufacturer directly
for technical support and customer service related to its software and products.
5. Confidentiality
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You acknowledge that the Software contains proprietary trade secrets of ZyXEL
and you hereby agree to maintain the confidentiality of the Software using at least
as great a degree of care as you use to maintain the confidentiality of your own
most confidential information.
You agree to reasonably communicate the terms
and conditions of this License Agreement to those persons employed by you who
come into contact with the Software, and to use reasonable best efforts to ensure
their compliance with such terms and conditions, including, without limitation, not
knowingly permitting such persons to use any portion of the Software for the
purpose of deriving the source code of the Software.
6. No Warranty
THE SOFTWARE IS PROVIDED "AS IS."
TO THE MAXIMUM EXTENT PERMITTED BY
LAW, ZyXEL DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
ZyXEL DOES
NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET
ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SOFTWARE WILL
OPERATE ERROR FREE, OR IN AN UNINTERUPTED FASHION, OR THAT ANY
DEFECTS OR ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE
SOFTWARE IS COMPATIBLE WITH ANY PARTICULAR PLATFORM.
SOME
JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED
WARRANTIES SO THEY MAY NOT APPLY TO YOU.
IF THIS EXCLUSION IS HELD TO
BE UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION, THEN ALL
EXPRESS AND IMPLIED WARRANTIES SHALL BE LIMITED IN DURATION TO A
PERIOD OF THIRTY (30) DAYS FROM THE DATE OF PURCHASE OF THE SOFTWARE,
AND NO WARRANTIES SHALL APPLY AFTER THAT PERIOD.
7. Limitation of Liability
IN NO EVENT WILL ZyXEL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION,
INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF
BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS
INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE
PROGRAM, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF ZyXEL HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ZyXEL's AGGREGATE
LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR
OTHERWISE WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION OR
OTHERWISE SHALL BE EQUAL TO THE PURCHASE PRICE, BUT SHALL IN NO
EVENT EXCEED THE PRODUCT’S PRICE
. BECAUSE SOME STATES/COUNTRIES DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
8. Export Restrictions
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THIS LICENSE AGREEMENT IS EXPRESSLY MADE SUBJECT TO ANY APPLICABLE
LAWS, REGULATIONS, ORDERS, OR OTHER RESTRICTIONS ON THE EXPORT OF
THE SOFTWARE OR INFORMATION ABOUT SUCH SOFTWARE WHICH MAY BE
IMPOSED FROM TIME TO TIME.
YOU SHALL NOT EXPORT THE SOFTWARE,
DOCUMENTATION OR INFORMATION ABOUT THE SOFTWARE AND
DOCUMENTATION WITHOUT COMPLYING WITH SUCH LAWS, REGULATIONS,
ORDERS, OR OTHER RESTRICTIONS.
YOU AGREE TO INDEMNIFY ZyXEL AGAINST
ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES,
INCLUDING REASONABLE ATTORNEYS' FEES, TO THE EXTENT SUCH CLAIMS
ARISE OUT OF ANY BREACH OF THIS SECTION 8.
9. Audit Rights
ZyXEL SHALL HAVE THE RIGHT, AT ITS OWN EXPENSE, UPON REASONABLE PRIOR
NOTICE, TO PERIODICALLY INSPECT AND AUDIT YOUR RECORDS TO ENSURE
YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS OF THIS LICENSE
AGREEMENT.
10. Termination
This License Agreement is effective until it is terminated.
You may terminate this
License Agreement at any time by destroying or returning to ZyXEL all copies of
the Software and Documentation in your possession or under your control.
ZyXEL
may terminate this License Agreement for any reason, including, but not limited
to, if ZyXEL finds that you have violated any of the terms of this License
Agreement.
Upon notification of termination, you agree to destroy or return to
ZyXEL all copies of the Software and Documentation and to certify in writing that
all known copies, including backup copies, have been destroyed.
All provisions
relating to confidentiality, proprietary rights, and non-disclosure shall survive the
termination of this Software License Agreement.
11. General
This License Agreement shall be construed, interpreted and governed by the laws
of Republic of China without regard to conflicts of laws provisions thereof.
The
exclusive forum for any disputes arising out of or relating to this License
Agreement shall be an appropriate court or Commercial Arbitration Association
sitting in ROC, Taiwan.
This License Agreement shall constitute the entire
Agreement between the parties hereto.
This License Agreement, the rights
granted hereunder, the Software and Documentation shall not be assigned by you
without the prior written consent of ZyXEL.
Any waiver or modification of this
License Agreement shall only be effective if it is in writing and signed by both
parties hereto.
If any part of this License Agreement is found invalid or
unenforceable by a court of competent jurisdiction, the remainder of this License
Agreement shall be interpreted so as to reasonably effect the intention of the
parties.
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875
NOTE: Some components of this product incorporate source code covered under
the open source code licenses. Further, for at least three (3) years from the date
of distribution of the applicable product or software, we will give to anyone who
contacts us at the ZyXEL Technical Support ([email protected]), for a charge
of no more than our cost of physically performing source code distribution, a
complete machine-readable copy of the complete corresponding source code for
the version of the Programs that we distributed to you if we are in possession of
such.
Notice
Information herein is subject to change without notice. Companies, names, and
data used in examples herein are fictitious unless otherwise noted. No part may
be reproduced or transmitted in any form or by any means, electronic or
mechanical, for any purpose, except the express written permission of ZyXEL
Communications Corporation.
This Product includes ntp software under the NTP License
NTP License
Copyright (c) David L. Mills 1992-2004
Permission to use, copy, modify, and distribute this software and its
documentation for any purpose and without fee is hereby granted, provided that
the above copyright notice appears in all copies and that both the copyright notice
and this permission notice appear in supporting documentation, and that the
name University of Delaware not be used in advertising or publicity pertaining to
distribution of the software without specific, written prior permission. The
University of Delaware makes no representations about the suitability this
software for any purpose. It is provided "as is" without express or implied
warranty.
This Product includes expat software under the Expat License
Expat License
Copyright (c) 1998, 1999, 2000 Thai Open Source Software Center Ltd
Permission is hereby granted, free of charge, to any person obtaining a copy of
this software and associated documentation files (the "Software"), to deal in the
Software without restriction, including
without limitation the rights to use, copy, modify, merge, publish, distribute,
sublicense, and/or sell copies of the Software, and to permit persons to whom the
Software is furnished to do so, subject to
the following conditions:

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