NON-COMMERCIAL BINARY CODE AGREEMENT
PLEASE READ THE FOLLLOWING LICENSE AGREEMENT CAREFULLY. By using the
User Name and Password included with this agreement to access a software download,
you will indicate your acceptance of the entire agreement and will be bound to use
the downloaded software (the "Software") only in accordance with the terms
and conditions of this agreement. AT&T, on behalf of itself and its related
companies (collectively "AT&T"), is willing to grant you a right to use the
Software pursuant to the following terms.
- AT&T grants you a royalty-free, non-exclusive, non-transferable, personal
right to use the Software for a Non-Commercial Purpose. As part of that use,
you may combine portions of the Software together with other computer programs
that are controlled by you provided that you treat the combined software
application (the "Combination") as Software under this agreement, and you do not
modify the Software other than to incorporate all or part of it into the Combination.
You may also make copies of the Software to the extent necessary to exercise the rights
granted to you by this agreement, provided all copies of the Software retain the copyright
notices appearing in the Software.
- "Non-Commercial Purpose" means use of the Software and any Combinations
solely for education or research. "Non-Commercial Purpose" excludes, without
limitation, any use of the Software or any Combinations for, as part of, or in
any way in connection with a product (including software) or service that will be sold,
offered for sale, licensed, leased, loaned, rented or otherwise made available commercially.
- You shall not de-compile, reverse engineer or disassemble all or any portion of the
Software. You shall not replace or otherwise alter any command utilities and/or libraries
in the Software. If applicable, you may add new commands and associated libraries in
connection with your permitted use of the Software. You shall not distribute or disclose
the Software to any third party. You shall destroy all copies of the Software upon
termination of this agreement, and shall not retain the Software in any form after such
destruction or return.
- You grant to AT&T a fully paid-up, non-exclusive, perpetual, worldwide,
irrevocable license, with the right to sublicense, under patents and other rights
licensable by you related to the Software and/or the Combination. This license shall
include the right to make, have made, use, sell, offer to sell, and import any products,
services, or combinations of products or services, and to reproduce, create derivative works of,
distribute, publicly display and publicly perform the Software and/or Combination. You hereby
release AT&T, its customers and its licensees from any act that occurred prior to your grant
of the foregoing license and that would have been licensed had such license been in effect
at the time of such act. This license and release shall survive any termination of this agreement.
- This agreement is personal between AT&T and you. You may not accept this agreement
on behalf of any company, corporation or other organization. No ownership interest in
the Software is transferred to you. AT&T may assign or transfer to any company or person,
or grant to any company or person a license or sublicense under, all or any part of its
interest in any rights to the Software, this agreement or any license or right granted
to AT&T pursuant to this agreement. You may not assign, transfer or sublicense your
rights without AT&T's written consent. Upon notice from AT&T, you shall inform
AT&T of all uses and copies made of the Software and Combinations.
- AT&T may terminate this agreement at any time by sending to the e-mail
address that you provided in order to gain access to the Software, or by
posting on the web site for the Software (the "Web Site"), written
notice of termination. If the Web Site indicates the duration of your
rights (e.g., a 90 day evaluation), then this agreement shall automatically t
erminate at the end of the period indicated. Termination shall be effective
as provided in the notice. Unless notice shall provide otherwise,
upon termination you shall destroy all copies of the Software.
- You acknowledge that the Software is subject to U.S. export laws and
regulations and any use or transfer of such Software must be authorized under
those regulations. The obligations of this written assurance shall survive the
term of this or any other related agreement.
- AT&T has no obligation to support or maintain the Software and grants you
this right to use the Software "AS IS". YOU ASSUME TOTAL RESPONSIBILITY AND
RISK FOR YOUR USE OF THE SOFTWARE. AT&T DOES NOT MAKE, AND EXPRESSLY DISCLAIMS,
ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND WHATSOEVER,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, AND THE WARRANTIES OF TITLE OR NON-INFRINGEMENT. IN NO EVENT
SHALL AT&T BE LIABLE FOR (i) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION,
LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY
TO USE THE SOFTWARE, EVEN IF AT&T OR ANY OF ITS AUTHORIZED REPRESENTATIVES HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS,
OMISSIONS, OR OTHER INACCURACIES IN THE SOFTWARE, OR (iii) ANY CLAIM BY ANY THIRD PARTY.
YOU AGREE THAT YOUR SOLE REMEDY AGAINST AT&T FOR ANY LOSS OR DAMAGE RELATING TO THE SOFTWARE,
INCLUDING ANY DEFECT OR FAILURE IN THE SOFTWARE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN
CONTRACT OR TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL BE THE REPLACEMENT
OF THE SOFTWARE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES,
AT&T'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
- You shall indemnify and hold harmless AT&T and authorized representatives against any claims,
suits or proceedings asserted or commenced by any third party and arising out of, or relating to,
your exercise of the rights granted to you pursuant to this agreement. This obligation shall
include indemnifying against all damages, losses, costs and expenses (including attorneys' fees)
incurred by AT&T and its authorized representatives as a result of any such claims,
suits or proceedings, including any costs or expenses incurred in defending against
any such claims, suits, or proceedings.
- This agreement shall be governed by and construed in accordance with the laws
of the State of New York, USA, applicable to agreements made and to be performed
wholly in that state without regard to its conflicts of law rules. You agree that
any legal action or proceeding between AT&T and you for any purpose concerning this
agreement, the Software, a Combination or any obligations hereunder shall be brought
exclusively in a federal or state court of competent jurisdiction sitting in New York.
Any claim or cause of action you may have with respect to this agreement, the Software,
a Combination or any obligations hereunder must be brought within one (1) year after t
he claim or cause of action arises or such claim or cause of action is barred.
AT&T's failure to insist upon or enforce strict performance of any provision of
this agreement is not a waiver of any provision or right.
PLEASE READ THE FOREGOING LICENSE AGREEMENT CAREFULLY. By successfully
entering the following User Name and Password, the Software will be available
for downloading and you will be bound to this agreement. Successfully entering
the User Name and Password includes, but is not limited to: clicking the "OK"
button or typing the ENTER key in the password prompt window; passing the
User Name and Password or an encoding thereof to a browser or other HTTP or FTP interface.
When prompted for license agreement authorization use this User Name:
I accept the AT&T FSM library non-commercial binary code agreement
and this Password: