WEI ENTERPRISES
NUEROM/NUETOOLS END-USER SOFTWARE LICENSE AGREEMENT
Version 1.0
A SOURCE CODE VERSION OF CERTAIN NUEROM/NUETOOLS FUNCTIONALITY THAT YOU MAY USE,
MODIFY AND DISTRIBUTE IS AVAILABLE TO YOU FREE-OF-CHARGE FROM
WWW.NUEROM.COM UNDER THE MIT PUBLIC LICENSE,
GPL PUBLIC LICENSE and other open source software licenses.
The accompanying executable code version of nueROM/nueTools and related
documentation (the "Product") is made available to you under the terms of this
NUEROM/NUETOOLS END-USER SOFTWARE LICENSE AGREEMENT (THE "AGREEMENT"). BY
CLICKING THE "ACCEPT" BUTTON, OR BY DOWNLOADING, INSTALLING OR USING
NUEROM/NUETOOLS, YOU ARE CONSENTING TO BE BOUND BY THE AGREEMENT. IF YOU DO NOT
AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT CLICK THE "ACCEPT"
BUTTON, AND DO NOT INSTALL OR USE ANY PART OF NUEROM/NUETOOLS.
DURING THE NUEROM/NUETOOLS INSTALLATION PROCESS, AND AT LATER TIMES, YOU MAY BE
GIVEN THE OPTION OF INSTALLING ADDITIONAL COMPONENTS FROM THIRD-PARTY SOFTWARE
PROVIDERS. THE INSTALLATION AND USE OF THOSE THIRD-PARTY COMPONENTS MAY BE
GOVERNED BY ADDITIONAL LICENSE AGREEMENTS.
PORTIONS OF NUEROM CONTAIN SOFTWARE FROM MICROSOFT CORPORATION LICENSED FOR
INSTALLATION ONLY ON DEVICES THAT ARE LICENSED TO RUN WINDOWS MOBILE
PROFESSIONAL. IF YOUR DEVICE DOES NOT HAVE A LICENSE FOR WINDOWS MOBILE
PROFESSIONAL, YOU MAY NOT DOWNLOAD, INSTALL, OR OTHERWISE USE NUEROM ON YOUR
DEVICE.
1. LICENSE GRANT. Wei Enterprises grants you a non-exclusive license to use the
executable code version of the Product. This Agreement will also govern any
software upgrades provided by Wei Enterprises that replace and/or supplement the
original Product, unless such upgrades are accompanied by a separate license, in
which case the terms of that license will govern.
2. DISTRIBUTION. The nueROM website (http://www.nuerom.com) is the sole distribution
point for nueROM and nueTools. You may not, without prior permission from Wei Enterprises,
mirror nueROM or nueTools on your own website. However, you may compile a ROM image
and distribute such image with nueTools or nueROM components included, provided you
reference this license agreement.
3. TERMINATION. If you breach this Agreement your right to use the Product will
terminate immediately and without notice, but all provisions of this Agreement
except the License Grant (Paragraph 1) will survive termination and continue in
effect. Upon termination, you must destroy all copies of the Product.
4. PROPRIETARY RIGHTS. Portions of the Product are available in source code form
under the terms of the MIT, GPL and other open source licenses (collectively,
"Open Source Licenses") at www.nuerom.com. Nothing in this Agreement will be
construed to limit any rights granted under the Open Source Licenses. Subject to
the foregoing, Wei Enterprises, for itself and on behalf of its licensors,
hereby reserves all intellectual property rights in the Product, except for the
rights expressly granted in this Agreement. You may not remove or alter any
trademark, logo, copyright or other proprietary notice in or on the Product.
This license does not grant you any right to use the trademarks, service marks
or logos of Wei Enterprises or its licensors.
5. BETA CLAUSE. The software you are downloading is "beta" quality. "Beta"
quality software is prerelease software which should not, under any
circumstances be installed in production systems, including medical, life
support and mission critical systems. Wei Enterprises makes no claim to the
stability of a "beta" product, nor does it guarantee that a "beta" product will
be representative in functionality of any final product. You agree to hold Wei
Enterprises forever harmless for any damages whatsoever incurred by you due to
the use of this product, including, but not limited to loss of data, damage to
property, loss of profits, or loss of life.
6. PRIVACY POLICY. You agree to the Wei Enterprises Privacy Policy, made
available online at http://www.nuerom.com/privacypolicy.aspx, as that policy may
be changed from time to time. When Wei Enterprises changes the policy in a
material way a notice will be posted on the website at www.nuerom.com, and when
any change is made in the privacy policy, the updated policy will be posted at
the above link. It is your responsibility to ensure that you understand the
terms of the privacy policy, so you should periodically check the current
version of the policy for changes.
7. DISCLAIMER OF WARRANTY. THE PRODUCT IS PROVIDED "AS IS" WITH ALL FAULTS. TO
THE EXTENT PERMITTED BY LAW, WEI ENTERPRISES AND WEI ENTERPRISES'S DISTRIBUTORS,
AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION WARRANTIES THAT THE PRODUCT IS FREE OF DEFECTS,
MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE AND NON-INFRINGING. YOU BEAR THE
ENTIRE RISK AS TO SELECTING THE PRODUCT FOR YOUR PURPOSES AND AS TO THE QUALITY
AND PERFORMANCE OF THE PRODUCT. THIS LIMITATION WILL APPLY NOTWITHSTANDING THE
FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY
TO YOU.
8. LIMITATION OF LIABILITY. EXCEPT AS REQUIRED BY LAW, WEI ENTERPRISES AND ITS
DISTRIBUTORS, DIRECTORS, LICENSORS, CONTRIBUTORS AND AGENTS WILL NOT BE LIABLE
FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES
ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR THE USE OF OR
INABILITY TO USE THE PRODUCT, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF
GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, AND COMPUTER FAILURE OR
MALFUNCTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS
OF THE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH SUCH CLAIM IS BASED. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL,
CONSEQUENTIAL OR SPECIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY
TO YOU.
9. EXPORT CONTROLS. This license is subject to all applicable export
restrictions. You must comply with all export and import laws and restrictions
and regulations of any United States or foreign agency or authority relating to
the Product and its use. /p>
10. U.S. GOVERNMENT END-USERS. This Product is a "commercial item," as that term
is defined in 48 C.F.R. 2.101, consisting of "commercial computer software" and
"commercial computer software documentation," as such terms are used in 48
C.F.R. 12.212 (Sept. 1995) and 48 C.F.R. 227.7202 (June 1995). Consistent with
48 C.F.R. 12.212, 48 C.F.R. 27.405(b)(2) (June 1998) and 48 C.F.R. 227.7202, all
U.S. Government End Users acquire the Product with only those rights as set
forth therein.
11. MISCELLANEOUS. (a) This Agreement constitutes the entire agreement between
Wei Enterprises and you concerning the subject matter hereof, and it may only be
modified by a written amendment signed by an authorized executive of Wei
Enterprises. (b) Except to the extent applicable law, if any, provides
otherwise, this Agreement will be governed by the laws of the state of
California, U.S.A., excluding its conflict of law provisions. (c) This Agreement
will not be governed by the United Nations Convention on Contracts for the
International Sale of Goods. (d) If any part of this Agreement is held invalid
or unenforceable, that part will be construed to reflect the parties' original
intent, and the remaining portions will remain in full force and effect. (e) A
waiver by either party of any term or condition of this Agreement or any breach
thereof, in any one instance, will not waive such term or condition or any
subsequent breach thereof. (f) Except as required by law, the controlling
language of this Agreement is English. (g) You may assign your rights under this
Agreement to any party that consents to, and agrees to be bound by, its terms;
Wei Enterprises may assign its rights under this Agreement without condition.
(h) This Agreement will be binding upon and inure to the benefit of the parties,
their successors and permitted assigns.