a. You are granted a nonexclusive and nontransferable personal license to download (if you are retrieving the software from Cygnus’ Website), to install and use the Source-Navigator software in machine-readable, object code form only, or together with accompanying user documentation (only on “per seat” basis; that is, installing the software on a single computer to be used by a single user at any one time). You are not authorized to use the Source-Navigator software concurrently on two or more computers or in a networked environment without separate authorization from Cygnus and the payment of applicable license fees.2. TERMINATION. This license is effective until terminated. You may terminate this license at any time by (i) deleting the Source-Navigator software, and other data made available or supplied to your by Cygnus, residing in electronic form, (ii) destroying all tangible copies of the software and the accompanying documentation, and (iii) certifying in writing, upon request by Cygnus, that you have taken all of the foregoing actions. This license will also automatically terminate immediately, without notice from Cygnus, if you fail to comply with any term or condition set forth herein.b. You may make one copy of the Source-Navigator software in machine-readable, object code form solely for backup purposes. You may, for your internal use only, make copies of the printed or on-line versions of the user documentation, provided that you reproduce all proprietary rights notices included therein.
c. You agree not to transfer, electronically transmit from one computer to another over a network, rent or lease your copy of the Source-Navigator software or copy (except as permitted in paragraph b., above), distribute, modify, create derivative works of, decompile, disassemble, or otherwise reverse engineer that software program, in whole or in part. Notwithstanding the foregoing, if you have lawfully acquired a copy of the Source-Navigator software outside of the United States within a jurisdiction which is a member of the European Community (EC) subject to the Directive on the Legal Protection of Computer Programs dated May 14, 1991 (the “Directive”), you agree that within that jurisdiction you will not, and will not allow any other party on your behalf, to attempt to reverse engineer or decompile the Source-Navigator software into another computer language, except as expressly and specifically provided in the Directive. Any and all information obtained during such lawful reverse engineering and/or decompiling activities, including but not limited to, the organization, logic, algorithms and process of the Source-Navigator software, shall be deemed to be the confidential and proprietary information of Cygnus and/or its licensors, which you agree to maintain in confidence and not disclose to any third parties without Cygnus' consent, which consent may be withheld by Cygnus in its sole discretion. Furthermore, you agree not to sell, distribute, assign, sublicense or create derivative works of the documentation.
d. You agree and certify that neither the Source-Navigator software nor any other technical data received by you from Cygnus, nor the direct product thereof, will be exported outside the United States except as authorized and as permitted by U.S. law. If the foregoing software has been rightfully obtained by you outside of the U.S., you agree that you will not re-export that software nor any other technical data received from Cygnus, nor the direct product thereof, except as permitted by U.S. law and the laws and regulations of the jurisdiction in which you obtained that software. Notwithstanding the foregoing, neither the Source-Navigator software nor any other technical data received by you from Cygnus, may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By downloading or using the Source-Navigator software, you are agreeing to the foregoing, and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.
e. The availability of the Source-Navigator software via Cygnus’ website shall not be deemed to constitute advertising in such countries where such form, manner or method of advertising is prohibited by the laws of that foreign country.
3. LIMITED WARRANTY. If you are acquiring the Source-Navigator software on a program disk or other tangible media, Cygnus warrants that the media on which your copy of that software is furnished will be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of receipt by you of that media. This warranty extends only to you as the original end user licensee. Your exclusive remedy, and Cygnus' entire liability, under this warranty will be the replacement of any defective media. If Cygnus is unable to correct or replace the defective media within a reasonable period after receiving your request, you may terminate this license by returning your copy of the Source-Navigator software for a full refund of the license fees paid. EXCEPT AS SPECIFIED IN THIS LICENSE, THE SOURCE-NAVIGATOR SOFTWARE IS PROVIDED AND LICENSED “AS IS”, WITHOUT WARRANTY OF ANY KIND, AND ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, ARE EXCLUDED.
4. EVALUATION OR “DEMO” VERSIONS. If the copy of the Source-Navigator software is being used by you for evaluation purposes, you should be aware that this copy will operate for no longer than the specified evaluation period. If you have obtained a copy of the “DEMO” version of the Source-Navigator software, you should be aware that this copy does not contain all of the features or functionality of a full-featured version. You are responsible for backing up all of your work created in connection with your use of such software. CYGNUS SHALL IN NO WAY BE LIABLE FOR ANY LOSS OF DATA OR INFORMATION ON ACCOUNT OF THE USE OF AN EVALUATION, “DEMO” OR FULL-FEATURED PURCHASED COPY OF THE SOURCE-NAVIGATOR SOFTWARE.
5. LIMITATION OF LIABILITY. IN NO EVENT WILL CYGNUS BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING LOST REVENUES, PROFITS, DATA OR OTHER INFORMATION, OR FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOURCE-NAVIGATOR SOFTWARE, EVEN IF CYGNUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states do not allow the exclusion of incidental or consequential damages or limitations on how long an implied warranty lasts, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary from state to state.
6. GOVERNING LAW. The terms of this license shall be construed in accordance with the laws of the State of California, excluding (i) that body of law known as conflicts of law and (ii) the United Nations Convention on Contracts for the Sale of Goods.
7. ENTIRE AGREEMENT. This license shall constitute the entire agreement between Cygnus and you with respect to the subject matter hereof and supersedes any prior agreements or understandings between us, whether written or oral, with respect hereto. No modification to this license shall be of any force or effect unless made in writing signed by each party. You agree that you have not relied on any representation in entering into this license other than those set out herein.
8. U.S. GOVERNMENT END USERS. If the Source-Navigator software is being acquired by or on behalf of a unit or agency of the United States Government, the following provisions apply: The Source-Navigator software (i) is existing computer software developed exclusively at private expense, (ii) contains trade secrets of Cygnus and its licensors for all purposes of the Freedom of Information Act, (iii) is “commercial computer software” subject to limited utilization as expressly stated in this license or as provided in the contract between the vendor and the governmental entity, (iv) in all respects is proprietary data belonging solely to Cygnus or its licensors, and (v) is unpublished and all rights are reserved under the copyright laws of the United States. The Source-Navigator software is licensed only with “Restricted Rights,” and use, reproduction or disclosure is subject to restrictions set forth in Alternate III(g)(3) of the Rights in Data-General clause at 52.227-14 (June 1987) and subparagraphs (a) through (d) of the Commercial Computer Software-Restricted Rights clause at 52.227-19 (June 1987) of the Federal Acquisition Regulations and their respective successors. For units of the Department of Defense (DoD), the Source-Navigator software is licensed only under the license customarily provided to the public as set forth above, as provided by Section 227.7203-3(b), Defense Federal Acquisition Regulation Supplement (DFARS) (June 1995). This software has not been previously furnished to the government with greater rights than those provided hereunder. Use, duplication or disclosure of any commercial technical data provided under this license which is not “commercial computer software” is subject to restrictions as set forth in the Technical Data-Commercial Items clause at DFARS 252.227-7015 (November 1995) and its successors. Contractor/manufacturer is Cygnus Solutions, 1325 Chesapeake Terrace, Sunnyvale, California 94089.
NOTICES: The Source-Navigator software program is Copyrighted
© 1997, 1998, 1999 Cygnus Solutions. All Rights Reserved. Source-Navigator
and Cygnus Solutions are trademarks of Cygnus Solutions.
Certain portions of Source-Navigator are copyrighted
as follows:
Copyright © 1993-1998 The Regents of the University
of California and Sun Microsystems, Inc.
Permission is hereby granted, without written agreement and without license or royalty fees, to use, copy, modify, and distribute the Source-Navigator software and its documentation for any purpose, provided that the above copyright notice and the following two paragraphs appear in all copies of this software.
IN NO EVENT SHALL THE UNIVERSITY OF CALIFORNIA BE LIABLE TO ANY PARTY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THIS SOFTWARE AND ITS DOCUMENTATION, EVEN IF THE UNIVERSITY OF CALIFORNIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
THE UNIVERSITY OF CALIFORNIA SPECIFICALLY DISCLAIMS ANY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SOFTWARE PROVIDED HEREUNDER IS ON AN “AS IS” BASIS, AND THE UNIVERSITY OF CALIFORNIA HAS NO OBLIGATION TO PROVIDE MAINTENANCE, SUPPORT, UPDATES, ENHANCEMENTS, OR MODIFICATIONS.
Certain portions of Source-Navigator are copyrighted as follows:
Copyright © 1993 AT&T Bell Laboratories
Permission to use, copy, modify, and distribute this software and its documentation for any purpose and without fee is hereby granted, provided that the above copyright notice appear in all copies and that both that the copyright notice and warranty disclaimer appear in supporting documentation, and that the names of AT&T Bell Laboratories any of their entities not be used in advertising or publicity pertaining to distribution of the software without specific, written prior permission. AT&T disclaims all warranties with regard to this software, including all implied warranties of merchantability and fitness. In no event shall AT&T be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of this software.
RCS is copyrighted by Walter Tichy and Paul Eggert. Distributed under license by the Free Software Foundation, Inc.
CVS is copyrighted by Signum Support AB and distributed
under “GNU General Public License.”
The following terms apply to all files associated with the software unless explicitly disclaimed in individual files.
The authors hereby grant permission to use, copy, modify, distribute, and license this software and its documentation for any purpose, provided that existing copyright notices are retained in all copies and that this notice is included verbatim in any distributions. No written agreement, license, or royalty fee is required for any of the authorized uses. Modifications to this software may be copyrighted by their authors and need not follow the licensing terms described here, provided that the new terms are clearly indicated on the first page of each file where they apply.
IN NO EVENT SHALL THE AUTHORS OR DISTRIBUTORS BE LIABLE TO ANY PARTY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THIS SOFTWARE, ITS DOCUMENTATION, OR ANY DERIVATIVES THEREOF, EVEN IF THE AUTHORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
THE AUTHORS AND DISTRIBUTORS SPECIFICALLY DISCLAIM ANY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THIS SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, AND THE AUTHORS AND DISTRIBUTORS HAVE NO OBLIGATION TO PROVIDE MAINTENANCE, SUPPORT, UPDATES, ENHANCEMENTS, OR MODIFICATIONS.
RESTRICTED RIGHTS: Use, duplication
or disclosure by the government is subject to the restrictions as set forth
in subparagraph (c) (1) (ii) of the Rights in Technical Data and Computer
Software Clause as DFARS 252.227-7013 and FAR 52.227-19.