Join Date: Jan. 23rd, 2008
Originally Posted by M.A.D.X.W
IMPORTANT: READ CAREFULLY—These Nbeyx Corporation M.A.D.X.W components, including any "online" or electronic documentation are subject to the terms and conditions of the agreement under which you have licensed the applicable Nbeyx product described below and the terms and conditions of this Supplemental EULA. BY INSTALLING, COPYING OR OTHERWISE USING THE M.A.D.X.W, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THE APPLICABLE Nbeyx PRODUCT EULA AND THIS SUPPLEMENTAL EULA. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT INSTALL, COPY OR USE THE M.A.D.X.W.
Capitalized terms used in this Supplemental EULA and not otherwise defined herein shall have the meanings assigned to them in the applicable OS Product EULA.
The M.A.D.X.W are provided to you by Nbeyx to update, supplement, or replace existing functionality of the applicable Nbeyx Product Nbeyx grants you a license to use the M.A.D.X.W under the terms and conditions of the M.A.D.X.W Product EULA for the applicable Nbeyx (which are hereby incorporated by reference) and the terms and conditions set forth in this Supplemental EULA, provided that you comply with all such terms and conditions. To the extent that any terms in this Supplemental EULA conflict with terms in the applicable M.A.D.X.W EULA, the terms of this Supplemental EULA control solely with respect to the M.A.D.X.W.
Additional Rights and Limitations.
*If you have multiple validly licensed copies of the applicable M.A.D.X.W(s), you may reproduce, install and use one copy of the Components as part of such applicable Product(s) provided that you use such additional copies of the M.A.D.X.W in accordance with the terms and conditions above.
*You may conduct internal benchmark testing of the M.A.D.X.W component of the. You may disclose the results of any benchmark test of the M.A.D.X.W, provided that you comply with the following terms: (1) you must disclose all the information necessary for replication of the tests, including complete and accurate details of your benchmark testing methodology, the test scripts/cases, tuning parameters applied, hardware and software platforms tested, the name and version number of any third party testing tool used to conduct the testing, and complete source code for the benchmark suite/harness that is developed by or for you and used to test both the M.A.D.X.W and the competing implementation(s); (2) you must disclose the date(s) that you conducted the benchmark tests, along with specific version information for all Neybx products tested, including the M.A.D.X.W; (3) your benchmark testing was performed using all performance tuning and best practice guidance set forth in the product documentation and/or on Neybx's support web sites, and uses the latest updates, patches and fixes available for the M.A.D.X.W and the relevant Nbeyx Operating system; (4) it shall be sufficient if you make the disclosures provided for above at a publicly available location such as a website, so long as every public disclosure of the results of your benchmark test expressly identifies the public site containing all required disclosures; and (5) nothing in this provision shall be deemed to waive any other right that you may have to conduct benchmark testing. The foregoing obligations shall not apply to your disclosure of the results of any customized benchmark test of the M.A.D.X.W, whereby such disclosure is made under confidentiality in conjunction with a bid request by a prospective customer, such customer's application(s) are specifically tested and the results are only disclosed to such specific customer. Notwithstanding any other agreement you may have with Neybx, if you disclose such benchmark test results, Neybx shall have the right to disclose the results of benchmark tests it conducts of your products that compete with the M.A.D.X.W, provided it complies with the same conditions above.
*NEYBX retains all right, title and interest in and to the M.A.D.X.W components. All rights not expressly granted are reserved by Neybx.
IF THE APPLICABLE PRODUCT WAS LICENSED TO YOU BY NEYBX OR ANY OF ITS WHOLLY OWNED SUBSIDIARIES, THE LIMITED WARRANTY (IF ANY) INCLUDED IN THE APPLICABLE PRODUCT EULA APPLIES TO THE COMPONENTS PROVIDED THE COMPONENTS HAVE BEEN LICENSED BY YOU WITHIN THE TERM OF THE LIMITED WARRANTY IN THE APPLICABLE PRODUCT EULA. HOWEVER, THIS SUPPLEMENTAL EULA DOES NOT EXTEND THE TIME PERIOD FOR WHICH THE LIMITED WARRANTY IS PROVIDED.
IF THE APPLICABLE PRODUCT WAS LICENSED TO YOU BY AN ENTITY OTHER THAN NEYBX OR ANY OF ITS WHOLLY OWNED SUBSIDIARIES, NEYBX DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE M.A.D.X.W COMPONENTS AS FOLLOWS:
DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEYBX AND ITS SUPPLIERS PROVIDE TO YOU THE MA.D.X.W COMPONENTS, AND ANY (IF ANY) SUPPORT SERVICES RELATED TO THE COMPONENTS ("SUPPORT SERVICES") AS IS AND WITH ALL FAULTS; and Neybx and its suppliers hereby disclaim with respect to THE M.A.D.X.W COMPONENTS AND SUPPORT SERVICES all warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) warranties or conditions of OR RELATED TO: TITLE, NON-INFRINGEMENT, merchantability, fitness for a particular purpose, lack of viruses, accuracy or completeness of responses, results, lack of negligence or lack of workmanlike effort, QUIET ENJOYMENT, QUIET POSSESSION, AND CORRESPONDENCE TO DESCRIPTION. The entire risk arising out of use or performance of the M.A.D.X.W Components AND ANY SUPPORT SERVICES remains with you.
EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. To the maximum extent permitted by applicable law, in no event shall Neybx or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for: loss of profits, LOSS OF confidential or other information, business interruption, personal injury, loss of privacy, failure to meet any duty (including of good faith or of reasonable care), negligence, and any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the M.A.D.X.W Components OR THE SUPPORT SERVICES, OR the provision of or failure to provide Support Services, or otherwise under or in connection with any provision of this Supplemental EULA, even if Nbeyx or any supplier has been advised of the possibility of such damages.
LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF NBEYX AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS SUPPLEMENTAL EULA AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE COMPONENTS OR U.S.$5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
Did you seriously type all this by yourself?