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Appendix C – License Agreement
Giant International (USA), Ltd.
End-User Software License
July, 2005
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE INSTALLING THE
SOFTWARE ON THE ACCOMPANYING MEDIA OR USING THE ACCOMPANYING
PLAYER. THE FOLLOWING IS A LEGAL AGREEMENT BETWEEN YOU, AS
LICENSEE OF THE SOFTWARE ON THE ACCOMPANYING MEDIA AND INSTALLED
ON THE PLAYER ACCOMPANYING THIS AGREEMENT, AND TAO, LLC. BY
INSTALLING OR USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE
TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS
AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE AND INDICATE YOUR
LACK OF AGREEMENT BELOW, AT THE END OF THIS AGREEMENT. THEN
PROMPTLY RETURN THE SOFTWARE, ALL RELATED DOCUMENTATION AND
ACCOMPANYING ITEMS TO THE PLACE OF ACQUISITION FOR A REFUND. AS
USED HEREIN, SOFTWARE INCLUDES ALL RELATED DOCUMENTATION AND
ACCOMPANYING ITEMS INCLUDING, BUT NOT LIMITED TO, THE EXECUTABLE
PROGRAMS, DRIVERS, LIBRARIES AND DATA FILES ASSOCIATED WITH SUCH
PROGRAMS.
1) Grant
of
License. The Software is licensed, not sold, to you for use only under the terms
of this Agreement. You own the disk or other media on which the Software is originally
or subsequently recorded or fixed; but as between you and Tao (and, to the extent
applicable, its licensors), Tao retains all title to and ownership of the Software and
reserves all rights not expressly granted to you. The license under this Section 1 is
conditioned upon your compliance with all of your obligations under this Agreement.
Tao grants to you the right to use all or a portion of this Software provided that (a) the
Software is not distributed for profit; (b) the Software is used only in conjunction with
the particular Tao product with which or for which it was sold ; (c) the Software may
NOT be modified; (d) all copyright notices and other legal notices are maintained on the
Software; and (e) the licensee/end-user agrees to be bound by the terms of this
Agreement.
2)
For Use on a Single Computer. The Software may be used only on a single computer by
a single user at any time. You may transfer the machine-readable portion of the Software
from one computer to another computer, provided that (a) the Software (including any
portion or copy thereof) is erased from the first computer and (b) there is no possibility
that the Software will be used on more than one computer at a time. For player software,
the single computer is the CPU of the player unit.
3) Stand-Alone
Basis. You may use the Software only on a stand-alone basis, such that the
Software and the functions it provides are accessible only to persons who are physically
present at the location of the computer on which the Software is loaded. You may not
allow the Software or its functions to be accessed remotely, or transmit all or any portion
of the Software through any network or communication line.
4) Copyright. The Software is owned by Tao and/or its licensors and is protected by United
States copyright laws and international treaty provisions. You may not remove the
copyright notice from any copy of the Software or any copy of the written materials, if
any, accompanying the Software.
5) One
Archival
Copy. You may make one archival copy of the machine-readable portion
of the Software for backup purposes only in support of your use of the Software on a
single computer, provided that you reproduce on the copy all copyright and other
proprietary rights notices included on the originals of the Software.
6)
No Merger or Integration. You may not merge any portion of the Software into, or
integrate any portion of the Software with, any other program, except to the extent
expressly permitted by the laws of the jurisdiction where you are located. Any portion of
the Software merged into or integrated with another program, if any, will continue to be
subject to the terms and conditions of this Agreement, and you must reproduce on the
merged or integrated portion all copyright and other proprietary rights notices included in
the originals of the Software.
7) Transfer
of
License. You may transfer your license of the Software, provided that (a)
you transfer all portions of the Software or copies thereof, (b) you do not retain any
portion of the Software or any copy thereof, and (c) the transferee reads and agrees to be
bound by the terms and conditions of this Agreement.
8)
Limitations on Using, Copying, and Modifying the Software. Except to the extent
expressly permitted by this Agreement or by the laws of the jurisdiction where you
acquired the Software, you may not use, copy or modify the Software. Nor may you sub-
license any of your rights under this Agreement. You may use the Software for your
personal use only, and not for public performance or for the creation of publicly
displayed audiovisual works.
9) Decompiling,
Disassembling, or Reverse Engineering. You acknowledge that the
Software contains trade secrets and other proprietary information of Tao and its licensors.
Except to the extent expressly permitted by this Agreement or by the laws of the
jurisdiction where you are located, you may not decompile, disassemble or otherwise
reverse engineer the Software, or engage in any other activities to obtain underlying
information that is not visible to the user in connection with normal use of the Software.
In particular, you agree not for any purpose to transmit the Software or display the
Software’s object code on any computer screen or to make any hardcopy memory dumps
of the Software’s object code. If you believe you require information related to the
Summary of Contents for WMP235
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