Transcript
YOU MUST CONFIRM YOU ACCEPT ALL THE LICENCE TERMS BEFORE YOU INSTALL ANY OF THE SOFTWARE. TO CONFIRM ACCEPTANCE TICK THE ‘I ACCEPT’ BOX ON THE TCP ACCELERATOR DOWNLOAD PAGE. Inmarsat reserves the right to update and change this License. Please visit the TCP Accelerator section of our website http://www.inmarsat.com/Support/FleetBroadband/TCP_accelerator.aspx from time to time to view the most recent version. Inmarsat may change this License by posting a new version without notice to you. Use of the software after such change constitutes acceptance of such change. IMPORTANT NOTICE: PLEASE READ CAREFULLY BEFORE INSTALLING THE SOFTWARE: The TCP Accelerator consists of both elements of proprietary software of Inmarsat Global Limited (“Inmarsat”, “we” or “us”) as well as a third party library which we have a right to distribute and sublicense. Below are the separate licence terms for the library and the software provided as part of TCP Accelerator. The licence terms are separated into the following sections. Section 1
CSP Library (proprietary to Aricent Holdings Luxembourg S.A.R.L. and sublicensed by us)
Please read the applicable licence terms below before installing the software
Section 2
TCP Accelerator (excluding the CSP Library)
Please read the applicable licence terms below before installing the software
BY INSTALLING THIS SOFTWARE OR CLICKING ON THE "ACCEPT" BUTTON YOU AGREE TO THE TERMS OF THESE LICENCES WHICH WILL BIND YOU AND YOUR EMPLOYEES. IF YOU DO NOT AGREE TO THE TERMS OF THESE LICENCES, WE ARE UNWILLING TO LICENSE THE SOFTWARE TO YOU AND YOU MUST DISCONTINUE INSTALLATION OF THE SOFTWARE NOW. IN THIS CASE YOU MUST RETURN THE MEDIUM ON WHICH THE SOFTWARE IS STORED AND ALL ACCOMPANYING DOCUMENTATION TO US. Whilst all reasonable efforts have been made to maximise the accuracy of TCP Accelerator, users are advised that accuracy may be affected by a variety of conditions, including conditions which are outside the control of Inmarsat. The user should not rely on the data volumes available on the user terminal for billing purposes as it is possible it may under record due to network optimisation and enhancement techniques contained in the TCP-Accelerator. To obtain accurate information on billable data volumes, your
distributor partner or service provider should be contacted. This TCP-Accelerator is provided “as is” and use is at one’s own risk. SECTION 1 – LICENCE FOR CSP LIBRARY IMPORTANT NOTICE: PLEASE READ CAREFULLY BEFORE INSTALLING THE SOFTWARE: This licence agreement (“Licence”) is a legal agreement between you (“Licensee” or “you”) and Inmarsat Global Limited of 99 City Road, London, EC1Y 1AX (“Inmarsat”, “we” or “us”) for the CSP Library (“CSPL”), which is code that forms part of the TCP Accelerator application and includes computer software and the data supplied with it and any printed materials and electronic documentation (“Documentation”). This CSPL licence is applicable only to TCP Accelerator implementations for Linux and MAC operating systems (the “Applicable Operating Systems”). BY INSTALLING THIS SOFTWARE OR CLICKING ON THE "ACCEPT" BUTTON BELOW YOU AGREE TO THE TERMS OF THIS LICENCE WHICH WILL BIND YOU AND YOUR EMPLOYEES. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, WE ARE UNWILLING TO LICENSE THE CSPL TO YOU AND YOU MUST DISCONTINUE INSTALLATION OF THE CSPL NOW. IN THIS CASE YOU MUST RETURN THE MEDIUM ON WHICH THE CSPL IS STORED AND ALL ACCOMPANYING DOCUMENTATION TO US. 1.
GRANT AND SCOPE OF LICENCE
1.1
In consideration of you agreeing to abide by the terms of this Licence, Inmarsat hereby grants to you a non-exclusive, non-transferable, licence to use the CSPL and the Documentation on the terms of this Licence and only as part of the TCP Accelerator application and only with the Applicable Operating Systems.
1.2
You may: (a)
install and use the CSPL only as part of the TCP Accelerator application: (i)
on one CPU if the Licence is a single-user licence or the CSPL is for single use; or
(ii)
if the Licence is a multi-user or network licence, for the number of concurrent users agreed between you and us;
(b)
make up to 1 copy of the CSPL, only as part of the TCP Accelerator application, for back-up purposes only, provided that this is necessary for the activities permitted by condition 2.1;
(c)
receive and use any free supplementary software code or update of the CSPL incorporating "patches" and corrections of errors as may be provided by Inmarsat from time to time;
(d)
use any Documentation in support of the use permitted under condition 1.1.
1.3
Unless expressly agreed in writing by Inmarsat, Inmarsat is under no obligation to provide support services in respect of the CSPL.
2.
LICENSEE'S UNDERTAKINGS
2.1
Except as expressly set out in this Licence or as permitted by any local law, you undertake:
2.2
(a)
not to copy the CSPL or Documentation except where such copying is incidental to normal use of the CSPL or where it is necessary for the purpose of back-up or operational security;
(b)
not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the CSPL or Documentation;
(c)
not to make alterations to, or modifications of, the whole or any part of the CSPL nor permit the CSPL or any part of it to be combined with, or become incorporated in, any other programs;
(d)
not to disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the CSPL nor attempt to do any such things. The interface information necessary to achieve interoperability of the CSPL with third party applications or other independently created computer programs will be provided by Inmarsat on request on payment of Inmarsat’s reasonable costs and expenses for providing such information, provided that the information obtained by you during such activities: (i)
is used only for the purpose of achieving inter-operability of the CSPL with another software program;
(ii)
is not disclosed or communicated without Inmarsat's prior written consent to any third party to whom it is not necessary to disclose or communicate it; and
(iii)
is not used to create any software which is substantially similar to the CSPL;
(e)
to keep all copies of the CSPL secure and to maintain accurate and up-todate records of the number and locations of all copies of the CSPL;
(f)
to replace the current version of the CSPL with any updated or upgraded version or new release provided by Inmarsat under the terms of this Licence immediately on receipt of such version or release;
(g)
to include the copyright notice of Inmarsat on all entire and partial copies of the CSPL in any form; and
(h)
not to provide, or otherwise make available, the CSPL in any form, in whole or in part (including, but not limited to, program listings, object and source program listings, object code and source code) to any person, other than your employees, without prior written consent from Inmarsat.
You must permit Inmarsat and its representatives, at all reasonable times and on reasonable advance notice, to inspect and have access to any premises, and to the computer equipment located there, at which the CSPL or the Documentation is being
kept or used, and any records kept pursuant to this Licence, for the purpose of ensuring that you are complying with the terms of this Licence. 3.
INTELLECTUAL PROPERTY RIGHTS
3.1
You acknowledge that all intellectual property rights in the CSPL and the Documentation throughout the world belong to Inmarsat (or a third party that has licensed such rights to Inmarsat), that rights in the CSPL are licensed (not sold) to you, and that you have no rights in, or to, the CSPL or the Documentation other than the right to use them in accordance with the terms of this Licence.
3.2
You acknowledge that you have no right to have access to the CSPL in source code form or in unlocked coding or with comments.
4.
WARRANTY
4.1
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CSPL IS PROVIDED TO YOU “AS IS” AND ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE SPECIFICALLY DISCLAIMED. WE DO NOT WARRANT THAT ANY ASPECT OF THE CSPL WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE CSPL WILL BE INTERRUPTION OR ERROR FREE.
4.2
SOME COUNTRIES, STATES OR LEGAL JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. NOTHING IN THIS LICENCE SHALL AFFECT YOUR RIGHTS GRANTED UNDER APPLICABLE NATIONAL OR LOCAL LAWS THAT CANNOT BE EXCLUDED.
4.3
NOTHING IN THIS LICENCE SHALL AFFECT THE STATUTORY RIGHTS OF A CONSUMER.
5.
LIMITATION OF LIABILITY
5.1
NOTHING IN THIS LICENCE SHALL LIMIT OR EXCLUDE THE LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE OR FOR FRAUD OR FRAUDULENT MISREPRESENTATION.
5.2
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY), MISREPRESENTATION OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH THE CSPL SHALL BE LIMITED TO $50.
5.3
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INMARSAT, ITS DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCESSORS, ASSIGNS, PARENT COMPANY AND SUBSIDIARIES SHALL HAVE NO LIABILITY TO YOU FOR LOSS OF PROFIT, LOSS OF GOODWILL,
LOSS OF BUSINESS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF ANTICIPATED SAVING, LOSS OR CORRUPTION OF DATA OR INFORMATION, OR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE. 5.4
FOR THE AVOIDANCE OF DOUBT WE SHALL HAVE NO LIABILITY HEREUNDER FOR THE OPERATION, AVAILABILTY, COVERAGE, SERVICES OR RANGE OF THE INMARSAT SATELLITE COMMUNICATIONS NETWORK.
6.
TERMINATION
6.1
Inmarsat may terminate this Licence immediately by written notice to you if: (a)
you commit a material or persistent breach of this Licence which you fail to remedy (if remediable) within 14 days after the service on you of written notice requiring you to do so;
(b)
Inmarsat’s right to sub-licence the CSPL is terminated;
(c)
a petition for a bankruptcy order to be made against you has been presented to the court; or
(d)
the Licensee (where it is a company) becomes insolvent or unable to pay its debts (within the meaning of section 123 of the Insolvency Act 1986), enters into liquidation, whether voluntary or compulsory (other than for reasons of bona fide amalgamation or reconstruction), passes a resolution for its winding-up, has a receiver or administrator manager, trustee, liquidator or similar officer appointed over the whole or any part of its assets, makes any composition or arrangement with its creditors or takes or suffers any similar action in consequence of its debt, or becomes unable to pay its debts (within the meaning of section 123 of the Insolvency Act 1986).
6.2
For the avoidance of doubt, any use of the CSPL by you other than for the purposes set out in, and in accordance with, clause 1.2 of this Licence shall constitute a material breach of this Licence.
6.3
Upon termination for any reason: (a)
all rights granted to you under this Licence shall cease;
(b)
you must cease all activities authorised by this Licence;
(c)
you must immediately pay to the Inmarsat any sums due to Inmarsat under this Licence; and
(d)
you must immediately delete or remove the CSPL from all computer equipment in your possession and immediately destroy or return to Inmarsat (at Inmarsat's option) all copies of the CSPL then in your possession, custody or control and, in the case of destruction, certify to Inmarsat that you have done so.
7.
LAW AND JURISDICTION
7.1
This licence shall be governed by and construed in accordance with the laws of England and Wales and the parties hereby submit to the exclusive jurisdiction of the courts of England and Wales.
8.
GENERAL
8.1
This Licence is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of this licence, or any of your rights or obligations arising under it, without our prior written consent. Inmarsat may transfer, assign, charge, sub-contract or otherwise dispose of this licence, or any of the rights or obligations arising under it, at any time during the term of the licence.
8.2
Inmarsat will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under this licence that is caused by an event outside its reasonable control.
8.3
If any of the terms of this licence are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term will to that extent be severed from the remaining terms which will continue to be valid to the maximum extent permitted by law.
8.4
No failure or delay by either party to exercise any of its rights or remedies to which it is entitled under this licence shall constitute a waiver of such rights or remedies and it shall not relieve the other party from compliance with its relevant obligations.
8.5
This licence and any document expressly referred to in it represents the entire agreement between us in relation to the subject matter of this licence and supersedes any prior agreement, understanding or arrangement between us, whether oral or in writing, provided that nothing under this clause shall exclude or restrict either party’s liability for fraudulent misrepresentation.
8.6
Except as expressly provided elsewhere in this licence, no person other than a party to this licence shall have any right to enforce any term of this licence.
SECTION 2 – LICENCE FOR TCP-ACCELERATOR (EXCEPT FOR THE CSP LIBRARY ELEMENT)
1.
TCP-Accelerator (except for the CSP Library element) is free software; you can redistribute it and/or modify it only under the terms of the GNU General Public Licence version 2 as published by the Free Software Foundation.
2.
We are not sublicensing TCP-Accelerator (except for the CSP Library element) to you. Instead you automatically receive a licence from the original licensor under which you can use the software in consideration of you agreeing to comply with the licence terms.
3.
This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public Licence version 2 for more details.
4.
Unless expressly agreed in writing by Inmarsat, Inmarsat is under no obligation to provide support services in respect of the TCP Accelerator software.
5.
If you do not have a copy of the GNU General Public Licence version 2 then please go to http://www.gnu.org/licenses/gpl-2.0.html or write to the Free Software Foundation Inc., 51 Franklin Street, Fifth Floor, Boston, MA 02110-1301, USA.
6.
If you so request, within a period of three years from when you were provided with this software, we will provide you with a complete machine readable copy of the corresponding source code (but not the source code for the CSP Library element) on a medium customarily used for software interchange for a charge no more than the cost of performing such source code distribution. Contact: Mohsin Meghji (
[email protected] or
[email protected]), Inmarsat, 99 City Road, London EC1Y 1AX.
