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Restrictions of Use of the Work Referenced
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Title
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CacheGuard OS
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Rightholder
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Charles Tajvidi
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InterDeposit Digital Number
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10 route de l'Aéroport
CP 41 - CH 1215 Geneva 15
Switzerland
tel : +41 22 788 63 83
fax : +41 22 788 63 90
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IDDN.FR.010.0107521.000.R.P.2007.039.10100
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In accordance with international treaties and conventions about intellectual property rights the work is protected.The rightholder authorizes :
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CacheGuard License Agreement
The CacheGuard Software and CacheGuard Documentation whether on
disk, in read-only memory, or on any other media (collectively,
the 'CacheGuard') are licensed, not sold, to you by OneTec SARL
('ONETEC'). All copies of the CacheGuard you use are subject to
this License. The License is provided in the form of numeric
CacheGuard License Keys ('License Keys').
This License allows you to use each set of License Keys on Physi-
cal or Virtual machine represented by a Serial Number issued by
ONETEC. Each set of the License Keys is issued for a limited num-
ber of simultaneous end users. You expressly acknowledge that
theses users exist and are under your responsibility. THE SERIAL
NUMBER CANNOT BE CHANGED ONCE THE LICENSE KEYS ARE ISSUED. Cache-
Guard is the result of the mere aggregation of several Open
Source Softwares distributed under the "GNU GPL" and unrelated
non-free programs under this present License. You may not, except
as permitted by applicable law, decompile, reverse engineer, dis-
assemble, modify, rent, lease, loan or create derivative works
from the non-free part of CacheGuard. You may modify the Cache-
Guard components defined as "customizable" in the Documentation.
The issued set of License Keys is valid only for the CacheGuard
version officially released and current at the date when the Li-
cense Keys are issued (the 'Initial Date'), and for the newer
versions officially released within the 12 month period starting
on the Initial Date (the 'Initial Maintenance Period'). You may
not use your License Keys with any version of the CacheGuard
these keys are not valid for. Your rights under this License will
terminate automatically without notice from ONETEC if you fail to
comply with any term(s) of this License.
ONETEC may from time to time develop new versions of the Cache-
Guard. Nothing in this Agreement shall obligate ONETEC to develop
any particular update or enhancement. ONETEC may choose to imple-
ment new features and/or components of the CacheGuard that re-
quire additional License Keys. You are not obligated to purchase
additional Keys if you choose not to use those new features
and/or components.
A new, updated set of the License Keys is required to use Cache-
Guard versions released after the end of the Initial Maintenance
Period. Updated License Keys can be issued at any month on the
same day of month as the Initial Date, or on the last day of
month if the current month is shorter. This date is called the
Update Date. The updated License Keys grant you a right to use
new versions of CacheGuard released within 12 months from the Up-
date Date. To use newer versions, a new set of updated License
Keys is required. The price of Updated License Keys is calculated
as the number of months past since the last Update Date (or the
Initial Date) multiplied by the maintenance fee rate. If a set of
License Keys includes several keys, all License Keys in the set
should be updated at once.
Some CacheGuard components are licensed on the annual basis. Li-
cense Keys issued for those components are valid for 12 months
only, and new License Keys must be purchased to enable those com-
ponents after each 12 months period. These License Keys are not
subject to any maintenance fees specified in the section 4.
This License is unlimited in time, and it can be terminated only
as described in Section 2.
You expressly acknowledge and agree that use of the CacheGuard is
at your sole risk. The CacheGuard is provided 'AS IS' and without
warranty of any kind and ONETEC EXPRESSLY DISCLAIMS ALL WAR-
RANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MER-
CHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ONETEC DOES
NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CACHEGUARD SOFT-
WARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE
CACHEGUARD WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS
IN THE CACHEGUARD WILL BE CORRECTED. FURTHERMORE, ONETEC DOES NOT
WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RE-
SULTS OF THE USE OF THE CACHEGUARD SOFTWARE OR RELATED DOCUMENTA-
TION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR
OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY
ONETEC OR A ONETEC AUTHORIZED REPRESENTATIVE SHALL CREATE A WAR-
RANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD
THE CACHEGUARD PROVE DEFECTIVE, YOU (AND NOT ONETEC OR A ONETEC
AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECES-
SARY SERVICING, REPAIR OR CORRECTION.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL ONETEC BE LI-
ABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAM-
AGES ARISING OUT OF OR RELATING TO THIS LICENSE. SOME JURISDIC-
TIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event
shall ONETEC's total liability to you for all damages exceed the
amount paid for this License.
You may not use or otherwise export or reexport the CacheGuard
License Keys except as authorized by E.U. (European Union) law
and the laws of the jurisdiction in which the CacheGuard License
Keys were obtained. In particular, but without limitation, the
CacheGuard License Keys may not be exported or reexported (i) in-
to (or to a national or resident of) any E.U. embargoed country
or (ii) to anyone on the E.U. Treasury Department's list of Spe-
cially Designated Nationals or the E.U. Department of Commerce's
Table of Denial Orders. By using the CacheGuard License Keys, you
represent and warrant that you are not located in, under control
of, or a national or resident of any such country or on any such
list.
If the CacheGuard License Keys are supplied to the United States
Government, the CacheGuard Software is classified as "restricted
computer software" as defined in clause 52.227-19 of the FAR. The
United States Government's rights to the CacheGuard are as pro-
vided in clause 52.227-19 of the FAR.
If there is a local subsidiary of ONETEC in the country in which
the CacheGuard License Keys were purchased, then the local law in
which the subsidiary sits shall govern this license. Otherwise,
this License shall be governed by the laws of the E.U. and the
Country of France. If for any reason a court of competent juris-
diction finds any provision, or portion thereof, to be unenforce-
able, the remainder of this License shall continue in full force
and effect.
This License constitutes the entire agreement between the parties
with respect to the use of the CacheGuard and supersedes all pri-
or or contemporaneous understandings regarding such subject mat-
ter. No amendment to or modification of this License will be
binding unless in writing and signed by ONETEC.
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