1 |
commit: 74fa0210c1a9e1571eb6436b764b5e4e0e2a9e9a |
2 |
Author: Conrad Kostecki <conrad <AT> kostecki <DOT> com> |
3 |
AuthorDate: Tue Jun 26 16:19:35 2018 +0000 |
4 |
Commit: Ben Kohler <bkohler <AT> gentoo <DOT> org> |
5 |
CommitDate: Tue Jun 26 19:00:04 2018 +0000 |
6 |
URL: https://gitweb.gentoo.org/repo/gentoo.git/commit/?id=74fa0210 |
7 |
|
8 |
licenses/ubiquiti: Add license for net-wireless/unifi |
9 |
|
10 |
Bug: Bug: https://bugs.gentoo.org/634518 |
11 |
|
12 |
licenses/ubiquiti | 451 ++++++++++++++++++++++++++++++++++++++++++++++++++++++ |
13 |
1 file changed, 451 insertions(+) |
14 |
|
15 |
diff --git a/licenses/ubiquiti b/licenses/ubiquiti |
16 |
new file mode 100644 |
17 |
index 00000000000..c2edeef9943 |
18 |
--- /dev/null |
19 |
+++ b/licenses/ubiquiti |
20 |
@@ -0,0 +1,451 @@ |
21 |
+End User License Agreement |
22 |
+ |
23 |
+ OUR EULA WAS UPDATED ON JULY 17, 2017 |
24 |
+ |
25 |
+ This End User License Agreement (this “EULA”) governs Your access and use |
26 |
+ of the software (“Software”) that is embedded on any Ubiquiti Networks, |
27 |
+ Inc. product (“Product”). |
28 |
+ |
29 |
+ The term “You,” “Your,” “you” or “your” as used in this EULA, means any |
30 |
+ person or entity who accesses or uses the Software and accepts the terms |
31 |
+ of this EULA, including any individuals that You authorize to use or |
32 |
+ access the Software, including Your independent contractors or employees |
33 |
+ (“Authorized Users”). For the avoidance of doubt, where the term “You,” |
34 |
+ “Your,” “you” or “your” is used in this EULA, it shall include any |
35 |
+ Authorized User, regardless of whether “Authorized User” is specifically |
36 |
+ stated. |
37 |
+ |
38 |
+ FOR IMPORTANT DISCLAIMERS OF WARRANTY AND WARNINGS CONCERNING USAGE, SEE |
39 |
+ SECTION V. |
40 |
+ |
41 |
+ YOU MUST READ AND AGREE TO THE TERMS OF THIS EULA BEFORE USING, |
42 |
+ DOWNLOADING OR INSTALLING ANY SOFTWARE. BY USING, DOWNLOADING OR |
43 |
+ INSTALLING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS AND |
44 |
+ CONDITIONS OF THIS EULA. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS |
45 |
+ OF THIS EULA, YOU MAY NOT USE, DOWNLOAD OR INSTALL THE SOFTWARE. |
46 |
+ |
47 |
+ THE SOFTWARE MAY BE SUBJECT TO AUTOMATIC SOFTWARE UPDATES, AS DESCRIBED |
48 |
+ FURTHER IN SECTION III, AND YOU ALSO HEREBY CONSENT TO SUCH UPDATES. If |
49 |
+ You do not agree to such updates, You are not permitted to, and You must |
50 |
+ not, download, install, access or use the Software. |
51 |
+ |
52 |
+ Ubiquiti may, in its sole and absolute discretion, change the terms of |
53 |
+ this EULA from time to time, as indicated by the date at the end of this |
54 |
+ EULA. If You object to any such change, Your sole recourse will be to |
55 |
+ cease using the Software. Continued use of the Software following any such |
56 |
+ change will indicate Your acknowledgement of such change and agreement to |
57 |
+ be bound by the new terms and conditions. |
58 |
+ |
59 |
+ 1. Overview, Eligibility |
60 |
+ |
61 |
+ * This EULA is a binding agreement between You and Ubiquiti |
62 |
+ Networks, Inc. (“Ubiquiti”). |
63 |
+ * Your use of (1) websites located at [1]www.ubnt.com and ubnt.com |
64 |
+ sub-domains and any other websites hosted by Ubiquiti or its |
65 |
+ affiliates, (2) services accessible or downloadable through the |
66 |
+ Sites, (3) software that may be downloaded to Your smartphone or |
67 |
+ tablet to access services and (4) subscription services, |
68 |
+ including services that can be accessed using the Web Apps and |
69 |
+ Mobile Apps is governed by the [2]Terms of Service. Your |
70 |
+ purchase of the Product (excluding the Software) is governed by |
71 |
+ the [3]Limited Warranty. All additional guidelines, terms, or |
72 |
+ rules on the Sites, including the [4]Privacy Policy, are |
73 |
+ incorporated by reference into this EULA and You are agreeing to |
74 |
+ accept and abide by them by using the Software. |
75 |
+ * Subject to Section (I)(d), You may access and use the Software |
76 |
+ only if You can form a binding contract with Ubiquiti and only if |
77 |
+ You are in compliance with the terms of this EULA and all |
78 |
+ applicable laws and regulations. If You are accepting the terms |
79 |
+ of this EULA on behalf of an entity or individual, You represent |
80 |
+ and warrant that You have full legal authority to bind such |
81 |
+ entity or individual to this EULA. You are fully responsible for |
82 |
+ any Authorized User’s compliance with this EULA. |
83 |
+ * If You are an Authorized User, You represent and warrant that You |
84 |
+ are over the age of 13 (or equivalent minimum age in the |
85 |
+ jurisdiction where You reside or access or use the Software), and |
86 |
+ in the event You are between the age of 13 (or equivalent minimum |
87 |
+ age in the jurisdiction where you reside or access or use the |
88 |
+ Software) and the age of majority in the jurisdiction where You |
89 |
+ reside or access or use the Software, that You will only use the |
90 |
+ Software under the supervision of a parent or legal guardian who |
91 |
+ agrees to be bound by this EULA. Any use or access to the |
92 |
+ Software by individuals under the age of 13 (or equivalent |
93 |
+ minimum age in the jurisdiction where you reside or access or use |
94 |
+ the Services) is strictly prohibited and a violation of this |
95 |
+ EULA. |
96 |
+ |
97 |
+ 2. License. |
98 |
+ |
99 |
+ * License Grant. Subject to Your compliance at all times with the |
100 |
+ terms and restrictions set forth in this EULA, Ubiquiti grants |
101 |
+ You, under its rights in and to the Software, a worldwide, |
102 |
+ non-sublicensable, non-transferable, non-exclusive, revocable, |
103 |
+ limited license to download and use the Software in object code |
104 |
+ form only, solely in connection with the Product that You own or |
105 |
+ control. |
106 |
+ * Limitations on Use. |
107 |
+ |
108 |
+ * The Software, its contents, features and functionality |
109 |
+ (including, without limitation, all user interfaces, |
110 |
+ information, software, code, text, graphics, images, video |
111 |
+ and audio, and the design, selection and arrangement |
112 |
+ thereof) (collectively, the “Content”) are protected by |
113 |
+ United States and international copyright, trademark, |
114 |
+ patent, trade secret and other intellectual property or |
115 |
+ proprietary rights laws. |
116 |
+ * You shall not directly or indirectly do any of the |
117 |
+ following: |
118 |
+ |
119 |
+ * use the Software on any device other than a Product |
120 |
+ that is owned or controlled by You or Your business |
121 |
+ organization; |
122 |
+ * sell, offer for sale, lease, license, sublicense or |
123 |
+ distribute the Software or any Content in any form |
124 |
+ without the prior written consent of Ubiquiti; |
125 |
+ * copy, reproduce, broadcast, transmit, republish, |
126 |
+ distribute, modify, prepare derivative works of, |
127 |
+ perform, publicly perform or display the Software or |
128 |
+ any Content in any way without the prior written |
129 |
+ consent of Ubiquiti and its applicable licensors; |
130 |
+ * remove or alter any copyright, trademark or other |
131 |
+ proprietary rights notices from the Software or |
132 |
+ Content, or use them in contravention of any such |
133 |
+ applicable notices; |
134 |
+ * reverse engineer, decompile, translate, disassemble or |
135 |
+ otherwise attempt to (i) derive the source code or the |
136 |
+ underlying ideas, algorithms, structure or organization |
137 |
+ of any Software (except that the foregoing limitation |
138 |
+ does not apply to the extent that such activities may |
139 |
+ not be prohibited under applicable law); or (ii) |
140 |
+ defeat, avoid, bypass, remove, deactivate, or otherwise |
141 |
+ circumvent any software protection mechanisms in the |
142 |
+ Software, including, without limitation, any such |
143 |
+ mechanism used to restrict or control the functionality |
144 |
+ of the Software; |
145 |
+ * use the Software in violation of any third-party rights |
146 |
+ or any local, state, national or international law or |
147 |
+ regulation, including, without limitation, any local |
148 |
+ country regulations related to operation within legal |
149 |
+ frequency channels, output power and Dynamic Frequency |
150 |
+ Selection (DFS) requirements; |
151 |
+ * violate any accompanying user or technical manuals, |
152 |
+ training materials, specifications or other |
153 |
+ documentation pertaining to any Software, where in |
154 |
+ digital or printed format; |
155 |
+ * engage in any High Risk Activities (as defined in |
156 |
+ Section (V)(b)(ii)); |
157 |
+ * release the results of any performance or functional |
158 |
+ evaluation of any of the Software to any third party |
159 |
+ without prior written approval of Ubiquiti for each |
160 |
+ such release; or |
161 |
+ * create a substantially similar software to the |
162 |
+ Software, or any component thereof. |
163 |
+ |
164 |
+ * You are responsible for obtaining, properly installing and |
165 |
+ maintaining the Software and any other services or products |
166 |
+ needed for access to and use of the Software, and for paying |
167 |
+ all charges related thereto. |
168 |
+ |
169 |
+ * Third Party Software. |
170 |
+ |
171 |
+ * Certain software included in, distributed with or downloaded |
172 |
+ in connection with the Software may comprise third party |
173 |
+ proprietary software products that are subject to separate |
174 |
+ license terms (“Third Party Software”). All such Third Party |
175 |
+ Software may include software or software components that |
176 |
+ are derived, in whole or in part, from software that is |
177 |
+ distributed as free software, open source software or under |
178 |
+ similar licensing or distribution models (“Open Source |
179 |
+ Software,” together with Third Party Software, “External |
180 |
+ Software”). |
181 |
+ * Your use of External Software is subject in all cases to the |
182 |
+ applicable licenses from the External Software provider, |
183 |
+ which shall take precedence over the rights and restrictions |
184 |
+ granted in this EULA solely with respect to such External |
185 |
+ Software. You shall comply with the terms of all applicable |
186 |
+ Third Party Software and Open Source Software licenses, if |
187 |
+ any. Copyrights to Open Source Software are held by their |
188 |
+ respective copyright holders indicated in the copyright |
189 |
+ notices in the corresponding source files. The Software may |
190 |
+ include software developed by the OpenSSL Project for use in |
191 |
+ the OpenSSL Toolkit ([5]http://www.openssl.org/). |
192 |
+ * FOR THE AVOIDANCE OF DOUBT, UBIQUITI PROVIDES NO |
193 |
+ REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR |
194 |
+ STATUTORY, WITH RESPECT TO SUCH EXTERNAL SOFTWARE, INCLUDING |
195 |
+ WITH RESPECT TO FUNCTIONALITY OF SUCH EXTERNAL SOFTWARE. |
196 |
+ Ubiquiti does not provide any warranty, maintenance, |
197 |
+ technical or other support for any External Software. |
198 |
+ Accordingly, Ubiquiti is not responsible for Your use of any |
199 |
+ External Software or any personal injury, death, property |
200 |
+ damage (including, without limitation, to Your home), or |
201 |
+ other harm or losses arising from or relating to Your use of |
202 |
+ any External Software. |
203 |
+ |
204 |
+ * Intellectual Property Ownership; Trade Secrets. All copyrights, |
205 |
+ trade secrets, patents, trademarks, trade secrets and other |
206 |
+ intellectual property and proprietary rights in any jurisdiction |
207 |
+ worldwide (collectively, “Intellectual Property Rights”) in and |
208 |
+ to the Software and the Content are the sole property of Ubiquiti |
209 |
+ or its licensors. You do not have or receive any title or |
210 |
+ interest in or to the Software, the Content, or the Intellectual |
211 |
+ Property Rights contained therein through Your use of the |
212 |
+ Software or otherwise. Except as expressly granted to You under |
213 |
+ the limited license set forth in Section II(a) of this EULA, |
214 |
+ Ubiquiti does not grant any express or implied right to You under |
215 |
+ any of its Intellectual Property Rights. You further acknowledge |
216 |
+ and agree that the Software contains the valuable trade secrets |
217 |
+ and proprietary information of Ubiquiti and its affiliates. You |
218 |
+ agree to hold such trade secrets and proprietary information in |
219 |
+ confidence and You acknowledge that any actual or threatened |
220 |
+ breach of this obligation will constitute immediate, irreparable |
221 |
+ harm for which monetary damages would be an inadequate remedy, |
222 |
+ and that injunctive relief is an appropriate remedy for such |
223 |
+ breach. |
224 |
+ * Trademarks. All trademarks, service marks, trade names and logos |
225 |
+ and the goodwill associated therewith (“Marks”) included or |
226 |
+ displayed in the Software or Content are the exclusive property |
227 |
+ of Ubiquiti or their respective holders. You are not permitted to |
228 |
+ use any of the Marks without the applicable prior written consent |
229 |
+ of Ubiquiti or such respective holders. |
230 |
+ |
231 |
+ 3. Automatic Updates. |
232 |
+ |
233 |
+ * Ubiquiti may, from time to time and at its sole option, provide |
234 |
+ patches, bug fixes, corrections, updates, upgrades, support and |
235 |
+ maintenance releases or other modifications to the Software, |
236 |
+ including certain External Software, which items shall be deemed |
237 |
+ part of the Software and External Software hereunder. YOU HEREBY |
238 |
+ CONSENT TO ANY SUCH AUTOMATIC UPDATES. These may be automatically |
239 |
+ installed without providing any additional notice to You or |
240 |
+ receiving Your additional consent. If You do not consent, Your |
241 |
+ remedy is to stop using the Software. Notwithstanding the |
242 |
+ foregoing, Ubiquiti withholds the right to require You to install |
243 |
+ any patches, bug fixes, corrections, updates, upgrades, support |
244 |
+ and maintenance releases or other modifications in order to |
245 |
+ access and use the Software. |
246 |
+ |
247 |
+ 4. Term and Termination. This EULA will remain in full force and effect |
248 |
+ so long as You continue to access or use the Software, or until |
249 |
+ terminated in accordance with this EULA. You may discontinue Your use |
250 |
+ of and access to the Software at any time. Ubiquiti will automatically |
251 |
+ terminate this EULA at any time without notice to you if you fail to |
252 |
+ comply with any term of this EULA. You may terminate it at any time |
253 |
+ upon written notice to Ubiquiti at legal@××××.com. Upon any such |
254 |
+ termination, the licenses granted by this EULA will immediately |
255 |
+ terminate and you agree to stop all access and use of the Product, |
256 |
+ Software and documentation and destroy the Software and documentation, |
257 |
+ together with all copies and merged portions in any form. The |
258 |
+ provisions that by their nature continue and survive will survive any |
259 |
+ termination of this EULA, including those set forth in this Sections |
260 |
+ II(d), II(e) and Articles IV -IX. |
261 |
+ 5. WARRANTY DISCLAIMER |
262 |
+ |
263 |
+ * Disclaimer of Warranties TO THE MAXIMUM EXTENT PERMITTED BY |
264 |
+ APPLICABLE LAW, THE SOFTWARE IS LICENSED “AS-IS” AND “AS |
265 |
+ AVAILABLE”, WITH ALL FAULTS. UBIQUITI DOES NOT MAKE ANY |
266 |
+ WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, |
267 |
+ IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, |
268 |
+ INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, |
269 |
+ ACCURACY, QUALITY OF SERVICE OR RESULTS, AVAILABILITY, |
270 |
+ SATISFACTORY QUALITY, LACK OF VIRUSES, TITLE, FITNESS FOR A |
271 |
+ PARTICULAR USE OR NON-INFRINGEMENT, TO THE EXTENT AUTHORIZED BY |
272 |
+ LAW. ANY STATEMENTS OR REPRESENTATIONS ABOUT THE SOFTWARE AND ITS |
273 |
+ FEATURES OR FUNCTIONALITY AND ANY COMMUNICATION WITH YOU IS FOR |
274 |
+ INFORMATION PURPOSES ONLY, AND DOES NOT CONSTITUTE A WARRANTY OR |
275 |
+ REPRESENTATION. WITHOUT LIMITING THE FOREGOING, UBIQUITI |
276 |
+ EXPRESSLY DOES NOT WARRANT THAT THE CONTENT, OPERATION, OUTPUT OR |
277 |
+ IMPLEMENTATION OF THE SOFTWARE WILL: (I) MEET YOUR REQUIREMENTS; |
278 |
+ (II) BE UNINTERRUPTED, ERROR-FREE, ACCURATE, RELIABLE OR |
279 |
+ COMPLETE; (III) BE COMPATIBLE WITH YOUR HOME NETWORK, COMPUTER OR |
280 |
+ MOBILE DEVICE; (IV) OR THAT UBIQUITI OR ANY THIRD PARTY WILL |
281 |
+ RESOLVE ANY PARTICULAR SUPPORT REQUEST OR FIX ANY ERRORS OR THAT |
282 |
+ SUCH RESOLUTION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. YOU |
283 |
+ SHALL BEAR THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE |
284 |
+ OF THE SOFTWARE. |
285 |
+ * Emergency Response; High Risk Activities. |
286 |
+ |
287 |
+ * YOU ACKNOWLEDGE AND AGREE THAT THE SOFTWARE, WHETHER |
288 |
+ STANDING ALONE OR WHEN INTERFACED WITH PRODUCTS OR |
289 |
+ THIRD-PARTY PRODUCTS OR SERVICES, ARE NOT CERTIFIED FOR |
290 |
+ EMERGENCY RESPONSE, AND ARE NOT A THIRD-PARTY MONITORED |
291 |
+ EMERGENCY NOTIFICATION SYSTEM. MOBILE OR OTHER NOTIFICATIONS |
292 |
+ REGARDING THE STATUS OF THE SOFTWARE ARE NOT A SUBSTITUTE |
293 |
+ FOR A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM. |
294 |
+ YOU AGREE THAT YOU WILL NOT RELY ON THE SOFTWARE FOR |
295 |
+ EMERGENCY RESPONSE OR ANY OTHER LIFE SAFETY OR CRITICAL |
296 |
+ PURPOSES. |
297 |
+ * NEITHER THE SOFTWARE NOR ANY PRODUCT IS DESIGNED, |
298 |
+ MANUFACTURED OR INTENDED FOR THE OPERATION OF NUCLEAR |
299 |
+ FACILITIES, AIR TRAFFIC CONTROL, EMERGENCY RESPONSE, |
300 |
+ EMERGENCY AND SAFETY SERVICES, HEALTHCARE FACILITIES, |
301 |
+ HOSPITALS, LIFE SUPPORT SYSTEMS OR ANY MISSION CRITICAL |
302 |
+ ENVIRONMENT, WHERE THE USE OR FAILURE OF THE SOFTWARE COULD |
303 |
+ LEAD TO DEATH, PERSONAL INJURY OR ENVIRONMENTAL DAMAGE |
304 |
+ (COLLECTIVELY, “HIGH RISK ACTIVITIES”). YOU AGREE THAT YOU |
305 |
+ WILL NOT USE THE SOFTWARE FOR ANY HIGH RISK ACTIVITIES. |
306 |
+ |
307 |
+ * Data Storage. Ubiquiti is not responsible or liable for the |
308 |
+ deletion of or failure to store or process any information or |
309 |
+ other content provided by You or transmitted in the course of |
310 |
+ using the Software. You are solely responsible for securing and |
311 |
+ backing up such submissions. |
312 |
+ * Versions. You acknowledge and agree that the Software provided to |
313 |
+ You under this EULA may be in “beta” or test form, or otherwise |
314 |
+ not intended or completed for commercial use and may therefore |
315 |
+ contain errors, bugs or similar unstable characteristics not |
316 |
+ typical of commercially released items. Such characteristics may |
317 |
+ negatively affect the operation of previously installed software |
318 |
+ or equipment. You are advised to safeguard important data, to use |
319 |
+ caution and not to rely in any way on the correct functioning or |
320 |
+ performance of the software and accompanying materials. You |
321 |
+ acknowledge that the Software may be provided to You from time to |
322 |
+ time as a program participant solely for the purpose of providing |
323 |
+ Ubiquiti with feedback on the Software and the identification of |
324 |
+ defects. |
325 |
+ |
326 |
+ 6. LIMITATION OF LIABILITY |
327 |
+ |
328 |
+ * UNDER NO CIRCUMSTANCES WILL UBIQUITI OR ITS SUPPLIERS OR THEIR |
329 |
+ RESPECTIVE AFFILIATES, OFFICERS, EMPLOYEES, DIRECTORS, |
330 |
+ SHAREHOLDERS, AGENTS OR LICENSORS BE LIABLE UNDER ANY THEORY OF |
331 |
+ LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY OR OTHERWISE) FOR |
332 |
+ ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT, |
333 |
+ INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY |
334 |
+ DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF |
335 |
+ MONEY, REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE |
336 |
+ LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD |
337 |
+ HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM |
338 |
+ THIS EULA OR THE INSTALLATION, MAINTENANCE, PERFORMANCE, FAILURE |
339 |
+ OR INTERRUPTION OR USE OF SOFTWARE, HOWEVER CAUSED AND ON ANY |
340 |
+ THEORY OF LIABILITY (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), |
341 |
+ EVEN IF UBIQUITI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH |
342 |
+ DAMAGES. IF, NOTWITHSTANDING THESE TERMS, UBIQUITI OR ANY OF ITS |
343 |
+ SUPPLIERS ARE FOUND TO BE LIABLE, THE LIABILITY OF UBIQUITI OR |
344 |
+ ITS SUPPLIERS OR THEIR RESPECTIVE AFFILIATES, OFFICERS, |
345 |
+ EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS OR LICENSORS TO YOU OR |
346 |
+ TO ANY THIRD PARTY IS LIMITED TO ONE HUNDRED DOLLARS ($100). THIS |
347 |
+ LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE |
348 |
+ EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. |
349 |
+ * Exclusions and Limitations. Some jurisdictions do not allow the |
350 |
+ exclusion of certain warranties or the limitation or exclusion of |
351 |
+ liability for certain damages. Accordingly, some of the above |
352 |
+ limitations and disclaimers may not apply to You. To the extent |
353 |
+ that Ubiquiti may not, as a matter of applicable law, disclaim |
354 |
+ any implied warranty or limit its liabilities, the scope and |
355 |
+ duration of such warranty and the extent of Ubiquiti’s liability |
356 |
+ will be the minimum permitted under such applicable law. |
357 |
+ |
358 |
+ 7. INDEMNIFICATION. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS |
359 |
+ UBIQUITI AND ITS LICENSORS AND SUPPLIERS, AND THEIR RESPECTIVE |
360 |
+ AFFILIATES, OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS OR |
361 |
+ LICENSORS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, |
362 |
+ LOSSES, COSTS, EXPENSES AND FEES (INCLUDING REASONABLE ATTORNEYS’ |
363 |
+ FEES) THAT SUCH PARTIES MAY INCUR AS A RESULT OF OR ARISING FROM A |
364 |
+ VIOLATION OF THIS EULA. |
365 |
+ 8. Export Restrictions. |
366 |
+ |
367 |
+ * You acknowledge that the Software is of U.S. origin. You |
368 |
+ represent and warrant that (i) You shall be solely responsible |
369 |
+ for complying with all export laws and restrictions and |
370 |
+ regulations, including United States export regulations, such as |
371 |
+ restrictions of the Department of Commerce, the United States |
372 |
+ Department of Treasury Office of Foreign Assets Control ("OFAC") |
373 |
+ or other foreign agency or authority’s regulations ("Export |
374 |
+ Laws"), and You shall not (ii) export, or allow the export or |
375 |
+ re-export of, the Software in violation of any such restrictions, |
376 |
+ laws or regulations, or available in any country in contravention |
377 |
+ of any Export Laws, or any other law, nor (iii) make the Software |
378 |
+ available in a country for which an export license or other |
379 |
+ governmental approval is required without first obtaining all |
380 |
+ necessary licenses or other approvals. You shall obtain and bear |
381 |
+ all expenses relating to any necessary licenses and exemptions |
382 |
+ with respect to the export from the U.S. of the Software to any |
383 |
+ location. |
384 |
+ * You acknowledge that the U.S. government maintains embargoes and |
385 |
+ sanctions against certain countries, currently including the |
386 |
+ Crimea region of Ukraine, Cuba, Iran, North Korea, Sudan and |
387 |
+ Syria, which may be amended from time to time, including with |
388 |
+ respect to listed countries; and that other countries may have |
389 |
+ trade laws pertaining to import, use, export or distribution of |
390 |
+ the Software. You acknowledge that, in each case, compliance with |
391 |
+ the same is Your responsibility. You represent and warrant that |
392 |
+ You are not a person or entity listed on any United States |
393 |
+ Government list of prohibited or restricted parties. |
394 |
+ |
395 |
+ 9. Miscellaneous. |
396 |
+ |
397 |
+ * Governing Law; Jurisdiction. This EULA shall not be governed by |
398 |
+ the 1980 U.N. Convention on Contracts for the International Sale |
399 |
+ of Goods; rather, this EULA shall be governed by the laws of the |
400 |
+ State of New York, including its Uniform Commercial Code, without |
401 |
+ reference to conflicts of laws principles. Any action or |
402 |
+ proceeding relating to this EULA must be brought in a federal or |
403 |
+ state court located in New York and each party irrevocably |
404 |
+ submits to the jurisdiction and venue of any such court in any |
405 |
+ such claim or dispute, except that Ubiquiti may seek injunctive |
406 |
+ relief in any court having jurisdiction to protect its |
407 |
+ confidential information or intellectual property. |
408 |
+ * Government Purposes. The Software was developed solely at private |
409 |
+ expense and is a “commercial item” consisting of “commercial |
410 |
+ computer software” and “commercial computer software |
411 |
+ documentation” within the meaning of the applicable civilian and |
412 |
+ military Federal acquisition regulations and any supplements |
413 |
+ thereto, as amended from time to time. If the user of the |
414 |
+ Software is an agency, department, employee or other entity of |
415 |
+ the United States Government, consistent with 48 C.F.R. |
416 |
+ 227.7202-1 through 227.702-4 (JUNE 1995), the use, duplication, |
417 |
+ reproduction, release, modification, disclosure and transfer of |
418 |
+ the Software, including technical data or manuals, is governed by |
419 |
+ the terms and conditions contained in this EULA. |
420 |
+ * Severability. If any of the provisions, either in part or in |
421 |
+ full, of this EULA is held by a court or other tribunal of |
422 |
+ competent jurisdiction to be unenforceable or invalid, such |
423 |
+ provision shall be enforced to the maximum extent possible or |
424 |
+ permissible and this EULA will be interpreted so as to give |
425 |
+ maximum effect to the original intent of the parties with respect |
426 |
+ to the unenforceable provision, and the remaining portions of |
427 |
+ this EULA shall remain in full force and effect. |
428 |
+ * Assignment. You may not assign any of Your rights or obligations |
429 |
+ under this EULA without Ubiquiti’s express written consent. |
430 |
+ Ubiquiti may assign this EULA without Your consent provided that |
431 |
+ such assignment is to an affiliated company forming part of the |
432 |
+ Ubiquiti group of companies. |
433 |
+ * Waiver. The waiver by either party of any default by the other |
434 |
+ party shall not waive subsequent defaults by such other party of |
435 |
+ the same or different kind. The failure of either party to |
436 |
+ enforce the provisions hereof, at any time or for any period of |
437 |
+ time, or the failure of either party to exercise any option |
438 |
+ herein, shall not be construed as a waiver of such provision or |
439 |
+ option and shall in no way affect that party’s right to enforce |
440 |
+ such provisions or exercise such option. |
441 |
+ * Third Party Beneficiary. Licensors and suppliers of Ubiquiti and |
442 |
+ its affiliates are third party beneficiaries of this EULA, and |
443 |
+ thus this EULA is directly enforceable by such licensors and |
444 |
+ suppliers and their affiliates. |
445 |
+ * Statute of Limitations. You agree that regardless of any statute |
446 |
+ or law to the contrary, any claim or cause of action You may have |
447 |
+ arising out of or related to use of the Software or this EULA |
448 |
+ must be filed within one (1) year after such claim or cause of |
449 |
+ action arose or be forever barred. |
450 |
+ * Interpretation. As used herein, unless the context requires |
451 |
+ otherwise, the word “or” is not exclusive and the words “will,” |
452 |
+ “will not,” “shall,” and “shall not” are expressions of command |
453 |
+ and not merely expressions of future intent or expectation. |
454 |
+ Whenever the words “include,” “includes” or “including” are used |
455 |
+ in this EULA, they shall be deemed to be followed by the words |
456 |
+ “without limitation.” The section headings in this EULA are for |
457 |
+ convenience only and have no legal or contractual effect. |
458 |
+ |
459 |
+References |
460 |
+ |
461 |
+ Visible links |
462 |
+ 1. www.ubnt.com |
463 |
+ https://www.ubnt.com/ |
464 |
+ 2. Terms of Service |
465 |
+ https://www.ubnt.com/legal/termsofservice/ |
466 |
+ 3. Limited Warranty |
467 |
+ https://www.ubnt.com/support/warranty/ |
468 |
+ 4. Privacy Policy |
469 |
+ https://www.ubnt.com/legal/privacypolicy/ |
470 |
+ 5. www.openssl.org |
471 |
+ http://www.openssl.org/ |