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ViewSonic Corporation -- Beta Testing and Feedback
End User License Agreement (EULA) (Version 1d - 14 January 2003) PLEASE READ CAREFULLY: This Beta Testing and Feedback EULA is a legal agreement (hereinafter "Beta-EULA" or "Agreement") between ViewSonic Corporation (ViewSonic) and you, either an individual or a single entity, (hereinafter "Licensee"). This Agreement covers all software, the associated media, any printed materials, data, files and information and any "online" or electronic documentation ("Software") which it accompanies. This Agreement takes precedence over any other agreement or terms embedded within the software. Assent to Be Bound: By clicking the "I Agree" checkbox, by executing a written copy of this Agreement, or by installing, copying or otherwise using this Software, Licensee agrees to be bound by the terms of this Beta-EULA. If Licensee does not agree with any term or condition, do not download, order, open, install or use the Software or product package. Contact ViewSonic to arrange the return of the Software and accompanying materials to ViewSonic at no charge to Licensee. DISCLAIMER: THE BETA SOFTWARE LICENSED HEREUNDER IS BELIEVED TO CONTAIN DEFECTS AND A PRIMARY PURPOSE OF THIS BETA TESTING LICENSE IS TO OBTAIN FEEDBACK ON SOFTWARE PERFORMANCE AND THE IDENTIFICATION OF DEFECTS. LICENSEE IS ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND NOT TO RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE SOFTWARE AND/OR ACCOMPANYING MATERIALS. Feedback from Licensee: It is expressly understood, acknowledged and agreed that Licensee shall, regardless of whether or not formally requested to do, provide to ViewSonic reasonable suggestions, comments and feedback regarding the Software, including but not limited to usability, bug reports and test results, with respect to Software testing (collectively, "Feedback"). Contingent upon all of the terms and conditions herein and especially upon Licensee's obligations to provide Feedback, Licensee grants ViewSonic, under all of Licensee's intellectual property and proprietary rights, the following worldwide, non-exclusive, perpetual, irrevocable, royalty free, fully paid up rights: (i) to make, use, copy, modify, sell, distribute, sub-license, and create derivative works of, the Feedback as part of any ViewSonic product, technology, service, specification or other documentation (individually and collectively, "ViewSonic Products"); (ii) to publicly perform or display, import, broadcast, transmit, distribute, license, offer to sell, and sell, rent, lease or lend copies of the Feedback (and derivative works thereof) as part of any ViewSonic Product; (iii) solely with respect to Licensee's copyright and trade secret rights, to sublicense to third parties the foregoing rights, including the right to sublicense to further third parties; and (iv) to sublicense to third parties any claims of any patents owned or licensable by Licensee that are necessarily infringed by a third party product, technology or service that uses, interfaces, interoperates or communicates with the feedback or portion thereof incorporated into a ViewSonic Product, technology or service. Further, Licensee warrants that Licensee's Feedback is not subject to any license terms that would purport to require ViewSonic to comply with any additional obligations with respect to any ViewSonic Products that incorporate any Feedback. Grant of License: ViewSonic grants Licensee the right to use the software on the single computer (or computing device) on which it was shipped for personal use, evaluation, review and test purposes. Licensee will not use, copy, modify, sell or transfer any part of the Software except as provided in this Agreement. Restrictions on Grant: Except as otherwise specifically permitted in this Agreement, Licensee may not: (a) Modify or create any derivative works of any Software or documentation, including translation or localization (code written to published APIs (application programming interfaces) for the Software shall not be deemed derivative works); (b) Copy the Software except as provided in this Agreement or elsewhere by ViewSonic; (c) Separate Software, which is licensed as a single product, into its component parts. (d) Sublicense or permit simultaneous use of the Software by more than one user; (e) Reverse engineer, decompile, or disassemble or otherwise attempt to derive the source code for any Product the Software (except to the extent applicable laws specifically prohibit such restriction); (f) Redistribute, encumber, sell, rent, lease, sublicense, use the Software in a timesharing or service bureau arrangement, or otherwise transfer rights to any Software. You may NOT transfer the Software under any circumstances; (g) Remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Product(s); (h) Publish any results of benchmark tests run on any Software to a third party without ViewSonic's prior written consent; or (i) Use any Software on a system with more CPUs than the number licensed, by more users than have been licensed, on more computers or computing devices than the number licensed, or by more developers than the number licensed, as applicable. Beta-Software Product Support: ViewSonic is under no obligation to provide technical support under the terms of this license, and provides no assurance that any specific errors or discrepancies in the Software will be corrected. Ownership and Copyright of Software: Title to the Software and all copies thereof remain with ViewSonic and/or or its suppliers. The Software is copyrighted and is protected by United States copyright laws and international treaty provisions. Licensee will not remove copyright notices from the Software. Licensee agrees to prevent any unauthorized copying of the Software. Except as expressly provided herein, ViewSonic does not grant any express or implied right to Licensee under ViewSonic patents, copyrights, trademarks, or trade secret information. Confidentiality: The enclosed Software is Confidential Information. Licensee will not disclose Software or any comments regarding Software to any third party without the prior written approval of ViewSonic. Licensee will maintain the confidentiality of Software with at least the same degree of care that you use to protect your own confidential and proprietary information, but not less than a reasonable degree of care under the circumstances. Licensee will not be liable for the disclosure of any Confidential Information which is: (a) in the public domain other than by a breach of this Agreement on Licensee's part; or (b) rightfully received from a third party without any obligation of confidentiality; or (c) rightfully known to Licensee without any limitation on use or disclosure prior to its receipt from ViewSonic; or (d) independently developed by Licensee's employees; or (e) generally made available to third parties by ViewSonic without restriction on disclosure. Term Of This Agreement: The term of this Agreement shall commence on the date accepted by Licensee and shall continue until terminated by ViewSonic in writing at any time, with or without cause. This Agreement will terminate without notice upon the earlier of (i) commercial release of the Software or (ii) one year after the last date Recipient receives the Software or any update thereto, unless terminated earlier by ViewSonic. Upon the termination of this Agreement (or upon request by ViewSonic), Licensee shall promptly return to ViewSonic, or certify destruction of, all full or partial copies of the Software provided by ViewSonic. Notwithstanding the foregoing or anything herein to the contrary, the provisions of this Agreement: "Feedback from Licensee," "Confidentiality," and "Limitation on Liability" shall survive termination or expiration of this Agreement. Limitation on Liability: Provision of any Software under this Agreement is experimental and shall not create any obligation for ViewSonic to continue to develop, productize, support, repair, offer for sale or in any other way continue to provide or develop Software either to Licensee or to any other party. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL VIEWSONIC OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF VIEWSONIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Export Restrictions: Licensee acknowledges that Software is of U.S. origin. Recipient agrees to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments. Entire Agreement: This Agreement constitutes the complete and exclusive agreement between ViewSonic and Licensee with respect to the subject matter hereof, and supersedes all prior or contemporaneous oral or written communications, proposals, representations, understandings, or agreements not specifically incorporated herein. This Agreement may not be amended except in a writing duly signed by an authorized representative of ViewSonic and Licensee. |
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