IMPORTANT - READ THIS BEFORE OPENING OR INSTALLING:
Please read the following software license agreement before you access this product. This is a legal agreement between you, the end user, and Antheus Technolgy, Inc. ("Antheus"). Your access of this product indicates that you accept the terms of this Agreement. If you do not agree to these terms, return the full product within 30 days of receipt, and you will receive a refund of the price paid. By accessing this product, you agree to accept and be legally bound by these terms. This License is not a sale of the original Software or any copy thereof.
END USER PRODUCT LICENSE AGREEMENT
Antheus Technology, Inc.
Agora Software Development Kit
Version: 2.5
GRANT OF LICENSE: This End User Product License Agreement ("License")
permits you to use one copy of the enclosed software program and accompanying data (the "Software"), including all subsequent updates and related programs provided by Antheus for use with this software, on a single computer. Copies of the Software may be made only for such use or for backup purposes. You agree not to modify, reverse compile, decrypt, extract, disassemble, or otherwise reverse engineer any portion of the Software.
COPYRIGHT: The Software is owned by Antheus and is protected by United States copyright laws and international treaty provisions. You may not copy any portion of the Software, except you may either (a) make a copy of the Software solely for backup purposes, or (b) transfer the Software to a single hard disk provided you keep the original solely for backup or archival purposes.
OTHER RESTRICTIONS: You may not resell, rent or lease the Software, but you may transfer the Software and any accompanying documentation, provided you retain no copies of the Software and the recipient agrees to the terms of this Agreement.
EXPORT RESTRICTIONS: You agree that neither you or your customers intend to or will knowingly, without prior written consent, if required, of the Export Administration of the U.S. Department of Commerce export or transmit the Software or related documentation and technical data to any other country to which such transmission is restricted by regulation or applicable statutes.
LIMITED WARRANTY: Antheus warrants that the Software will perform substantially in accordance with Antheus's written technical documentation for ninety (90) days following the date you receive it. Antheus's entire liability under this warranty shall be, at Antheus's option, to either (a) refund the price paid for the full product, or (b) repair and replace the full product. This warranty is void if failure of the product has resulted from accident, abuse or misapplication. You are the only beneficiary of this warranty. THIS WARRANTY IS NOT TRANSFERABLE.
NO OTHER WARRANTIES: ANTHEUS DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION. This limited warranty gives you specific legal rights. You may have other rights, which vary from state to state.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES: In no event should Antheus be liable for any damages whatsoever (including without limitation, damages for business interruption, loss of profits or data, or other pecuniary loss) arising out of the use or inability to use the Software or documentation even if Antheus has been advised of the possibility of such damages. In no case shall Antheus's liability exceed the fees paid by you for the Software.
GOVERNING LAW; FORUM SELECTION: This Agreement is governed by the laws of the State of Florida, as applied to contracts made and to be performed in Florida. All disputes arising out of this Agreement shall be subject to the exclusive jurisdiction and venue of the state and federal courts within Palm Beach County, Florida, and the parties
consent to personal and exclusive jurisdiction of these courts.
U.S. GOVERNMENT RESTRICTED RIGHTS LEGEND: Use, duplication or disclosure of the Software by the Government is subject to restrictions as set forth in FAR 52.227-9(c) or subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 52.227-7013 and/or in similar or successor clauses in the FAR, or the DOD or NASA FAR supplement. Unpublished-rights are reserved under the Copyright Laws of the United States.
TERMINATION: If you fail to fulfill any of your material obligations under this License, this License shall automatically terminate.
GENERAL: This License constitutes the entire agreement of the parties relative to the subject matter hereof. This License may not be modified or amended, nor any provision hereof waived, except in writing signed by Antheus. This License shall inure to the benefit of and be binding upon the parties, their successors and assigns. Antheus may assign its rights in the Software without your consent or notice to you. Should you have any questions concerning this License, or if you desire to contact Antheus please write:
Antheus Technology, Inc.
Attn: Customer Service
22241 Larkspur Trail
Boca Raton, FL 33433
USA
DEVELOPER'S ADDENDUM TO END USER PRODUCT LICENSE AGREEMENT
for Agora Software Development Kit
This is a legal agreement between you, the software developer, and Antheus Technology, Inc. ("Antheus"). This Developer's Addendum to End User Product License Agreement ("Developer's Addendum") supplements and is in addition to the End User Product License Agreement that is also included with the Software. You agree to this addendum in consideration for Antheus allowing you to have access to the source code for the Software (the "Source Code"). If you do not agree to these terms, return the full product and Source Code to the Agent that provided it to you, within 30 days of receipt, and you will receive a refund of the price paid. By accessing the Source Code, you agree to accept and be legally bound by these terms and the terms of the End User Product License Agreement. Any capitalized term which is not defined in this Developer's Addendum shall have the meaning given to it in the End User Product License Agreement.
GRANT OF LICENSE: Antheus hereby grants you a limited, personal, non-exclusive, non-transferable license to access the Source Code for the sole purpose of creating separate and distinct custom software and incorporating such software into a product which will be used and distributed in conjunction with Antheus Agora Software. Antheus shall remain the sole owner of all right, title, and interest in and to the Source Code, libraries and drivers, and all intellectual property rights associated therewith (including, without limitation, patent, trademark, copyright, trade secret, and any other proprietary rights). You shall own any Licensee Products, subject to Antheus's ownership of the underlying Source Code, libraries, and drivers. You hereby waive any and all claims resulting from your ownership of the Licensee Product which would prevent Antheus from freely distributing the Software, or Source Code. You agree to reproduce and include Antheus's End User Product License Agreement, copyright and any other proprietary legends in and on every copy in any form of the (i) Software libraries and drivers, (ii) or object code compiled from the Source Code, and (iii) derivative works of any of the foregoing.
LICENSE TO DUPLICATE AND DISTRIBUTE SOFTWARE: Subject to the terms and conditions set forth herein, Antheus hereby grants to you a worldwide, non-exclusive, non-transferable, royalty-based license to reproduce and sublicense and distribute the Software libraries and drivers with the applicable Licensee Product only in conjunction with a Antheus Agora Software License.
THIRD PARTY RESTRICTIONS: You shall keep the Source Code confidential, and may not distribute it or disclose it to any third party, directly or indirectly (including, but not limited to, through your employees, representatives, agents and independent contractors). You acknowledges that, in the event of your breach or threatened breach of any of the provisions of this Developers' Addendum, Antheus will not have an adequate remedy in money or damages. Antheus shall therefore be entitled to obtain an injunction against such breach from any court of competent jurisdiction immediately upon request. Antheus's right to obtain injunctive relief shall not limit its right to seek additional remedies.
INDEMNITY: If a third party claims that a Licensee Product, and not the underlying Software alone, infringes its patent, copyright, or trade secret, you will defend Antheus against that claim at your expense and pay all damages that a court finally awards.
Email:info@antheus.com.br