You must accept this License Agreement before you can buy
Lineox Enterprise Linux 3.0 Update Service License. The accept button is
at the bottom of this page
Lineox Enterprise Linux 3.0 Update Service License Agreement
This License Agreement (the "Agreement") is between Lineox, Inc. ("Lineox")
and any purchaser or user ("Customer") of Lineox services that accepts the terms
of this Agreement.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PURCHASING OR USING LINEOX
ENTERPRISE LINUX UPDATE SERVICE. BY PURCHASING OR USING THIS SERVICE THE CUSTOMER
SIGNIFIES ITS ASSENT TO THIS AGREEMENT. IF YOU ARE ACTING ON BEHALF OF AN ENTITY,
THEN YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF
OF THAT ENTITY. IF CUSTOMER DOES NOT ACCEPT THE TERMS OF THIS AGREEMENT,
THEN IT MUST NOT USE OR PURCHASE LINEOX SERVICES.
Duration of Agreement
The Effective Date of This Agreement is the date when Customer purchases the services
or begins to use the Service, whichever occurs earlier.
The initial subscription shall be for one year. Thereafter, Customer may offer to
renew this Agreement by opting to pay for additional year subscription(s) on the
same terms and conditions set forth in this Agreement, and Lineox may accept Customer's offer.
General terms and conditions
Termination for Breach. Lineox may terminate this Agreement (a) in the event Customer
fails to pay an invoice when due, (b) in the event Customer commits a material breach of this
Agreement and fails to remedy that breach within thirty (30) days of receipt of written notice
of material breach, or (c) as otherwise provided in this Agreement. Customer may terminate
this Agreement in the event Lineox commits a material breach of this Agreement and fails
to remedy that breach within thirty (30) days of receipt of written notice of material breach.
Payment. Except in the case of breach of this Agreement by Lineox or termination of this
Agreement as provided in paragraph above, any and all payments of amounts due under this
Agreement are non-refundable. In the event Customer fails to make payment to Lineox in the
manner provided by this Agreement, Lineox's remedies include (a) suspending Services until
Lineox receives full payment from Customer for all fees, including late fees and interest,
due, or (b) terminating this Agreement without notice.
REPORTING AND AUDIT. If Customer wishes to increase the number of Installed System,
then Customer will purchase from Lineox additional Services for each additional Installed
System. During the term of this Agreement and for one (1) year thereafter, Customer
expressly grants to Lineox the right to audit Customer's facilities and records from
time to time in order to verify Customer's compliance with the terms and conditions of
this Agreement. Any such audit shall only take place during Customer's normal business
hours and upon no less than ten (10) days prior written notice from Lineox. Lineox
shall conduct no more than one such audit in any twelve-month period except for the
express purpose of assuring compliance by Customer where non-compliance has been
established in a prior audit. Lineox shall give Customer written notice of any
non-compliance, and if a payment deficiency exists, then Customer shall have
fifteen (15) days from the date of such notice to make payment to Lineox for
any payment deficiency. The amount of the payment deficiency will be determined
by multiplying the number of underreported Installed Systems or Services by the
annual fee for such item. If Customer is found to have underreported the number
of Installed Systems or amount of Services by more than five percent (5%), Customer
shall, in addition to the annual fee for such item, pay liquidated damages equal to
twenty percent (20%) of the underreported fees for loss of income and administration
costs suffered by Lineox as a result.
NON-TRANSFERABLE. This Agreement, and all Services provided by Lineox pursuant
to this Agreement, may not be transferred, assigned or distributed without the prior
written consent of Lineox. Any attempted transfer, assignment or distribution without
Lineox's prior written consent shall terminate this Agreement, and Lineox shall have
no further obligation hereunder.
LIMITATION OF LIABILITY. Neither party shall be in breach of this Agreement
due to failure of performance that arises out of causes beyond its reasonable control.
To the maximum extent permitted by applicable law, IN NO EVENT WILL LINEOX BE LIABLE
TO CUSTOMER OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER
IN TORT OR IN CONTRACT, INCLUDING LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL OR
CONSEQUENTIAL DAMAGES ARISING UNDER THIS AGREEMENT OR LINEOX'S PERFORMANCE INCLUDING
WITHOUT LIMITATION (A) THE SERVICES (B) ANY INTERRUPTION OF USE OF LINEOX NETWORK
SERVICE OR (C) FOR LOSS, INACCURACY OR CORRUPTION OF DATA, EVEN IF LINEOX HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LINEOX'S LIABILITY
HEREUNDER EXCEED THE AMOUNT THAT CUSTOMER PAID TO LINEOX UNDER THIS AGREEMENT
DURING THE PREVIOUS TWELVE MONTHS.
GENERAL. This Agreement shall be governed by and construed in accordance
with the substantive laws of Finland, without regard to choice of law provisions.
The parties each agree that they are subject to the personal jurisdiction of Finland,
and each waives the right to challenge the personal jurisdiction of the court
over it. Each party warrants that the person signing or accepting this Agreement
is authorized to bind said party. If one or more of the provisions contained in
this Agreement is held invalid, illegal or unenforceable in any respect by any
court of competent jurisdiction, such holding will not impair the validity,
legality, or enforceability of the remaining provisions. Failure or delay on
the part of any party to exercise any right, remedy, power or privilege
hereunder will not operate as a waiver.
SUBSCRIPTION TERMS AND CONDITIONS
Lineox will provide the purchased subscription(s) subject to the following terms.
CUSTOMER OBLIGATIONS
Customer's Computer System. Customer will be responsible for performing
operations on Customer's computer system and Lineox shall have no responsibility
to perform operations on Customer's computer system. The Support Services purchased
by Customer are intended for use only for the benefit of the Customer and only for
the Installed Systems with subscriptions. Customer may not use one subscription for
Services for more than one Installed System. Any unauthorized use of the Services
will be deemed to be a material breach of this Agreement.
Customer is responsible for maintaining the confidentiality of all passwords and
account designations used to access the Service. Upon becoming aware of any
unauthorized use of its account(s) or password(s), Customer shall promptly notify Lineox.
Customer agrees to use the Service solely for purposes internal to Customer in the
ordinary course of Customer's business and agrees not to transfer or sell the
Service, or any portion of the Service, to any third parties without written
permission from Lineox.
The pricing option permitting use on an unlimited number of a Customer's own
machines must be implemented through the Customer's creation of a mirrored
repository. The Customer acknowledges that any unauthorized use of the Service
will be a material breach of this Agreement.
Finish, EU, or other export control laws and regulations may restrict the distribution of
software to certain locations or entities. To the extent that it is permissible
for Customer to distribute any software acquired as a part of the Service,
Customer is responsible for complying with all applicable export laws, rules,
and regulations.
End User License Agreements for Patches and Updates
The patches and updates provided as part of the Service are open source software
subject to end user license terms as set forth in the applicable source code.
Each component may have its own applicable end user license
agreement. Throughout this Agreement the components are referred to,
individually and collectively, as the "Linux Programs." Most of the Linux
Programs are licensed pursuant to a Linux EULA that permits you to copy,
modify, and redistribute the software, in both source code and binary code
forms. However, you are requested to review the on-line documentation that
accompanies each of the Linux Programs included in this product for the
applicable Linux EULA. Review these Linux EULAs carefully, in order to
understand your rights under them and to realize the maximum benefits
available to you with Lineox Enteprise Linux. Nothing in this license
agreement limits your rights under, or grants you rights that supercede,
the terms of any applicable Linux EULA.
Lineox's Right to Modify the Service
Lineox reserves the right to modify the Service at any time and
for any reason by posting a notice or modifying the description of the
Service on its website (www.lineox.com).
Waiver of Liability and Disclaimer of Warranties
EXCEPT AS SPECIFICALLY STATED IN THIS AGREEMENT OR IN AN EULA, THE SERVICE
AND SOFTWARE
PROGRAMS ARE PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR
PURPOSE, AND ANY OTHER WARRANTIES ARISING BY LAW, USAGE OF TRADE, COURSE OF
DEALING, OR OTHERWISE.
IN NO EVENT WILL LINEOX BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY
DAMAGES, INCLUDING ANY LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, LOSS
OF DATA, INTERRUPTION OF BUSINESS, OR FOR ANY OTHER INDIRECT, SPECIAL, OR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, HOWEVER CAUSED, WHETHER ARISING UNDER
CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER THEORY OF LIABILITY,
EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN
ADVANCE. IN ANY EVENT, LINEOX'S CUMULATIVE MAXIMUM LIABILITY SHALL BE
LIMITED TO THE AMOUNT OF TOTAL FEES PAID UNDER THIS AGREEMENT FOR ONE (1) YEAR PERIOD.
If any provision of this Agreement is held to be unenforceable, that shall
not affect the enforceability of the remaining provisions. This Agreement
shall be governed by the laws of the European Union, without regard to any
conflict of laws provisions.
5. Copyright Notice
===================
Copyright (C) 2003 Lineox Inc. All rights reserved.
Lineox, and the Lineox logo are trademarks or registered trademarks of
Lineox Inc.
Linux is a registered trademark of Linus Torvalds.
All other trademarks and registered trademarks are the property of
their respective owners.
| |
