Pathway Connectivity Inc. - Copyright and Licence: Pathport Manager 5

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Pathport Manager 5 software and its related documents are:

This software and, as applicable, associated media, printed materials and “on-line” or electronic documentation (the “Software Application”) constitutes an unpublished work and contains valuable trade secrets and proprietary information belonging to Pathway and its licensors.

A portion of the Software Application contains or consists of third party software, which may be used under the terms and conditions of the specific third party software notices and/or additional terms and conditions under which the third party software is distributed; copies of which form part of the End User License Agreement ("EULA") and which are incorporated by reference herein.

End User License Agreement

Pathport Manager 5

IMPORTANT - CAREFULLY READ ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT BEFORE INSTALLING THIS SOFTWARE.

Installing this software indicates your acceptance of the following License Agreement.

1. License. Under the terms and conditions of this agreement, Pathway Connectivity Inc. ("Pathway") agrees to grant to the user ("You") the right to use the software program called Pathport Manager 5("Software").

2. Copyright. This Software is the proprietary product of Pathway and is protected by the copyright laws of Canada and the United States, as well by other international intellectual property laws and treaties. You must treat the Software as any other copyrighted material.

3. Transfer Restrictions. As the Software is freely distributed, you may not lease or otherwise rent the Software. However, you may make and freely distribute or transfer copies of the Software and accompanying written materials (including this agreement)provided the recipient agrees to the terms of this Agreement.

4. Term. This license is effective until terminated. You may terminate it by destroying all copies of the Software and documentation. This license will also terminate if you fail to comply with any term or provision of this Agreement. You agree upon such termination to destroy all copies of the Software and documentation.

5. Other Restrictions. You may not disassemble, reverse engineer, or decompile the Software. If you really need the source code, please give us a call.

6. Limited Warranty of Media. If the Software was received from the factory on removable media, Pathway warrants to the original end-user only that the removable media on which the software is recorded to be free from defects and faulty workmanship under normal use and service for a period of 180 days from the date the software is shipped. If, during this 180 day period, a defect in the media should occur, the media may be returned to Pathway and Pathway will replace the media without charge to you. If the failure of the media results from accident, abuse or misapplication of the disk, then Pathway shall have no responsibility to replace the media.

7. Limitation of Warranty. Pathway does not and cannot warrant:

(i) the adequacey of performance or results that may be obtained by using the software, or

(ii) that the software is appropriate for your purposes, or

(iii) that it is error free.

ACCORDINGLY, THE SOFTWARE AND ITS DOCUMENTATION

ARE LICENSED "AS IS" WITHOUT WARRANTY AS TO THEIR

QUALITY, PERFORMANCE, MERCHANTABILITY OR FITNESS

FOR ANY PARTICULAR PURPOSE. THE ENTIRE RISK AS TO

THE RESULTS AND PERFORMANCE IS ASSUMED BY YOU.

8. Limitations of Liability. Neither Pathway nor anyone else who has been involved in the creation, production or delivery of this software shall be liable for any direct, incidental or consequential damages, such as, but not limited to, loss of anticipated profits or benefits, loss resulting from the use of the software or loss arising out of any breach of any warranty. Except as expressly provided above, Pathway shall have no liability for any claim of any kind or nature, real or implied.

9. Applicable Laws. This Agreement is governed by the laws of the Province of Alberta.

In addition, Pathport Manager 5 uses the following software, whose respective licenses follow:

Silk Icons

(http://www.famfamfam.com/lab/icons/silk)

Inno Setup

(http://www.jrsoftware.org/isinfo.php)

Launch4j

(http://launch4j.sourceforge.net)

Java (JRE 6)

(www.java.com)

License Agreement

Silk Icons

© Mark James

http://www.famfamfam.com/lab/icons/silk

Some icons used in Pathport Manager 5 are licensed from Mark James (http://www.famfamfam.com/lab/icons/silk) under the terms and conditions of the Creative Commons Attribution 2.5 License (http://creativecommons.org/licenses/by/2.5).

License Agreement

Inno Setup

© Jordan Russell

http://www.jrsoftware.org/isinfo.php

Except where otherwise noted, all of the documentation and software included

in the Inno Setup package is copyrighted by Jordan Russell.

This software is provided "as-is," without any express or implied warranty.

In no event shall the author be held liable for any damages arising from the

use of this software.

Permission is granted to anyone to use this software for any purpose,

including commercial applications, and to alter and redistribute it,

provided that the following conditions are met:

1. All redistributions of source code files must retain all copyright

notices that are currently in place, and this list of conditions without

modification.

2. All redistributions in binary form must retain all occurrences of the

above copyright notice and web site addresses that are currently in

place (for example, in the About boxes).

3. The origin of this software must not be misrepresented; you must not

claim that you wrote the original software. If you use this software to

distribute a product, an acknowledgment in the product documentation

would be appreciated but is not required.

4. Modified versions in source or binary form must be plainly marked as

such, and must not be misrepresented as being the original software.

Jordan Russell

jr-2010 AT jrsoftware.org

http://www.jrsoftware.org/

License Agreement

Launch4j

© Grzegorz Kowal

http://launch4j.sourceforge.net

Open Source Initiative OSI - The MIT License:Licensing

[OSI Approved License]

The MIT License

Permission is hereby granted, free of charge, to any person obtaining a copy

of this software and associated documentation files (the "Software"), to deal

in the Software without restriction, including without limitation the rights

to use, copy, modify, merge, publish, distribute, sublicense, and/or sell

copies of the Software, and to permit persons to whom the Software is

furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in

all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR

IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,

FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE

AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER

LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,

OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN

THE SOFTWARE.

License Agreement

Java (JRE 6)

© Sun Microsystems Inc.

http://www.java.com

Sun Microsystems, Inc. Binary Code License Agreement

for the JAVA SE DEVELOPMENT KIT (JDK), VERSION 6

SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE

THE SOFTWARE IDENTIFIED BELOW TO YOU ONLY UPON THE

CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED

IN THIS BINARY CODE LICENSE AGREEMENT AND SUPPLEMENTAL

LICENSE TERMS (COLLECTIVELY "AGREEMENT"). PLEASE READ

THE AGREEMENT CAREFULLY. BY DOWNLOADING OR INSTALLING

THIS SOFTWARE, YOU ACCEPT THE TERMS OF THE AGREEMENT.

INDICATE ACCEPTANCE BY SELECTING THE "ACCEPT" BUTTON

AT THE BOTTOM OF THE AGREEMENT. IF YOU ARE NOT WILLING

TO BE BOUND BY ALL THE TERMS, SELECT THE "DECLINE"

BUTTON AT THE BOTTOM OF THE AGREEMENT AND THE DOWNLOAD

OR INSTALL PROCESS WILL NOT CONTINUE.

1. DEFINITIONS. "Software" means the identified above

in binary form, any other machine readable materials

(including, but not limited to, libraries, source

files, header files, and data files), any updates or

error corrections provided by Sun, and any user

manuals, programming guides and other documentation

provided to you by Sun under this Agreement.

"Programs" mean Java applets and applications intended

to run on the Java Platform, Standard Edition (Java

SE) on Java-enabled general purpose desktop computers

and servers.

2. LICENSE TO USE. Subject to the terms and conditions

of this Agreement, including, but not limited to the

Java Technology Restrictions of the Supplemental

License Terms, Sun grants you a non-exclusive,

non-transferable, limited license without license fees

to reproduce and use internally Software complete and

unmodified for the sole purpose of running Programs.

Additional licenses for developers and/or publishers

are granted in the Supplemental License Terms.

3. RESTRICTIONS. Software is confidential and

copyrighted. Title to Software and all associated

intellectual property rights is retained by Sun and/or

its licensors. Unless enforcement is prohibited by

applicable law, you may not modify, decompile, or

reverse engineer Software. You acknowledge that

Licensed Software is not designed or intended for use

in the design, construction, operation or maintenance

of any nuclear facility. Sun Microsystems, Inc.

disclaims any express or implied warranty of fitness

for such uses. No right, title or interest in or to

any trademark, service mark, logo or trade name of Sun

or its licensors is granted under this Agreement.

Additional restrictions for developers and/or

publishers licenses are set forth in the Supplemental

License Terms.

4. LIMITED WARRANTY. Sun warrants to you that for a

period of ninety (90) days from the date of purchase,

as evidenced by a copy of the receipt, the media on

which Software is furnished (if any) will be free of

defects in materials and workmanship under normal use.

Except for the foregoing, Software is provided "AS IS".

Your exclusive remedy and Sun's entire liability under

this limited warranty will be at Sun's option to

replace Software media or refund the fee paid for

Software. Any implied warranties on the Software are

limited to 90 days. Some states do not allow

limitations on duration of an implied warranty, so the

above may not apply to you. This limited warranty

gives you specific legal rights. You may have others,

which vary from state to state.

5. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS

AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS,

REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED

WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR

PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO

THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE

LEGALLY INVALID.

6. LIMITATION OF LIABILITY. TO THE EXTENT NOT

PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS

LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR

DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL,

INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED

REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF

OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE,

EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF

SUCH DAMAGES. In no event will Sun's liability to you,

whether in contract, tort (including negligence), or

otherwise, exceed the amount paid by you for Software

under this Agreement. The foregoing limitations will

apply even if the above stated warranty fails of its

essential purpose. Some states do not allow the

exclusion of incidental or consequential damages, so

some of the terms above may not be applicable to you.

7. TERMINATION. This Agreement is effective until

terminated. You may terminate this Agreement at any

time by destroying all copies of Software. This

Agreement will terminate immediately without notice

from Sun if you fail to comply with any provision of

this Agreement. Either party may terminate this

Agreement immediately should any Software become, or

in either party's opinion be likely to become, the

subject of a claim of infringement of any intellectual

property right. Upon Termination, you must destroy all

copies of Software.

8. EXPORT REGULATIONS. All Software and technical data

delivered under this Agreement are subject to US

export control laws and may be subject to export or

import regulations in other countries. You agree to

comply strictly with all such laws and regulations and

acknowledge that you have the responsibility to obtain

such licenses to export, re-export, or import as may

be required after delivery to you.

9. TRADEMARKS AND LOGOS. You acknowledge and agree as

between you and Sun that Sun owns the SUN, SOLARIS,

JAVA, JINI, FORTE, and iPLANET trademarks and all SUN,

SOLARIS, JAVA, JINI, FORTE, and iPLANET-related

trademarks, service marks, logos and other brand

designations ("Sun Marks"), and you agree to comply

with the Sun Trademark and Logo Usage Requirements

currently located at

http://www.sun.com/policies/trademarks. Any use you

make of the Sun Marks inures to Sun's benefit.

10. U.S. GOVERNMENT RESTRICTED RIGHTS. If Software is

being acquired by or on behalf of the U.S. Government

or by a U.S. Government prime contractor or

subcontractor (at any tier), then the Government's

rights in Software and accompanying documentation will

be only as set forth in this Agreement; this is in

accordance with 48 CFR 227.7201 through 227.7202-4

(for Department of Defense (DOD) acquisitions) and

with 48 CFR 2.101 and 12.212 (for non-DOD

acquisitions).

11. GOVERNING LAW. Any action related to this Agreement

will be governed by California law and controlling

U.S. federal law. No choice of law rules of any

jurisdiction will apply.

12. SEVERABILITY. If any provision of this Agreement

is held to be unenforceable, this Agreement will

remain in effect with the provision omitted, unless

omission would frustrate the intent of the parties, in

which case this Agreement will immediately terminate.

13. INTEGRATION. This Agreement is the entire agreement

between you and Sun relating to its subject matter. It

supersedes all prior or contemporaneous oral or

written communications, proposals, representations and

warranties and prevails over any conflicting or

additional terms of any quote, order, acknowledgment,

or other communication between the parties relating to

its subject matter during the term of this Agreement.

No modification of this Agreement will be binding,

unless in writing and signed by an authorized

representative of each party.

SUPPLEMENTAL LICENSE TERMS

These Supplemental License Terms add to or modify the

terms of the Binary Code License Agreement.

Capitalized terms not defined in these Supplemental

Terms shall have the same meanings ascribed to them in

the Binary Code License Agreement . These Supplemental

Terms shall supersede any inconsistent or conflicting

terms in the Binary Code License Agreement, or in any

license contained within the Software.

A. Software Internal Use and Development License

Grant. Subject to the terms and conditions of this

Agreement and restrictions and exceptions set forth in

the Software "README" file incorporated herein by

reference, including, but not limited to the Java

Technology Restrictions of these Supplemental Terms,

Sun grants you a non-exclusive, non-transferable,

limited license without fees to reproduce internally

and use internally the Software complete and

unmodified for the purpose of designing, developing,

and testing your Programs.

B. License to Distribute Software. Subject to the

terms and conditions of this Agreement and

restrictions and exceptions set forth in the Software

README file, including, but not limited to the Java

Technology Restrictions of these Supplemental Terms,

Sun grants you a non-exclusive, non-transferable,

limited license without fees to reproduce and

distribute the Software, provided that (i) you

distribute the Software complete and unmodified and

only bundled as part of, and for the sole purpose of

running, your Programs, (ii) the Programs add

significant and primary functionality to the Software,

(iii) you do not distribute additional software

intended to replace any component(s) of the Software,

(iv) you do not remove or alter any proprietary

legends or notices contained in the Software, (v) you

only distribute the Software subject to a license

agreement that protects Sun's interests consistent

with the terms contained in this Agreement, and (vi)

you agree to defend and indemnify Sun and its

licensors from and against any damages, costs,

liabilities, settlement amounts and/or expenses

(including attorneys' fees) incurred in connection

with any claim, lawsuit or action by any third party

that arises or results from the use or distribution of

any and all Programs and/or Software.

C. License to Distribute Redistributables. Subject to

the terms and conditions of this Agreement and

restrictions and exceptions set forth in the Software

README file, including but not limited to the Java

Technology Restrictions of these Supplemental Terms,

Sun grants you a non-exclusive, non-transferable,

limited license without fees to reproduce and

distribute those files specifically identified as

redistributable in the Software "README" file

("Redistributables") provided that: (i) you distribute

the Redistributables complete and unmodified, and only

bundled as part of Programs, (ii) the Programs add

significant and primary functionality to the

Redistributables, (iii) you do not distribute

additional software intended to supersede any

component(s) of the Redistributables (unless otherwise

specified in the applicable README file), (iv) you do

not remove or alter any proprietary legends or notices

contained in or on the Redistributables, (v) you only

distribute the Redistributables pursuant to a license

agreement that protects Sun's interests consistent

with the terms contained in the Agreement, (vi) you

agree to defend and indemnify Sun and its licensors

from and against any damages, costs, liabilities,

settlement amounts and/or expenses (including

attorneys' fees) incurred in connection with any

claim, lawsuit or action by any third party that

arises or results from the use or distribution of any

and all Programs and/or Software.

D. Java Technology Restrictions. You may not create,

modify, or change the behavior of, or authorize your

licensees to create, modify, or change the behavior

of, classes, interfaces, or subpackages that are in

any way identified as "java", "javax", "sun" or

similar convention as specified by Sun in any naming

convention designation.

E. Distribution by Publishers. This section pertains

to your distribution of the Software with your printed

book or magazine (as those terms are commonly used in

the industry) relating to Java technology

("Publication"). Subject to and conditioned upon your

compliance with the restrictions and obligations

contained in the Agreement, in addition to the license

granted in Paragraph 1 above, Sun hereby grants to you

a non-exclusive, nontransferable limited right to

reproduce complete and unmodified copies of the

Software on electronic media (the "Media") for the

sole purpose of inclusion and distribution with your

Publication(s), subject to the following terms: (i)

You may not distribute the Software on a stand-alone

basis; it must be distributed with your

Publication(s); (ii) You are responsible for

downloading the Software from the applicable Sun web

site; (iii) You must refer to the Software as JavaTM

SE Development Kit 6; (iv) The Software must be

reproduced in its entirety and without any

modification whatsoever (including, without

limitation, the Binary Code License and Supplemental

License Terms accompanying the Software and

proprietary rights notices contained in the Software);

(v) The Media label shall include the following

Sun, Sun Microsystems, the Sun logo, Solaris, Java,

the Java Coffee Cup logo, J2SE, and all trademarks and

logos based on Java are trademarks or registered

trademarks of Sun Microsystems, Inc. in the U.S. and

other countries. This information must be placed on

the Media label in such a manner as to only apply to

the Sun Software; (vi) You must clearly identify the

Software as Sun's product on the Media holder or Media

label, and you may not state or imply that Sun is

responsible for any third-party software contained on

the Media; (vii) You may not include any third party

software on the Media which is intended to be a

replacement or substitute for the Software; (viii) You

shall indemnify Sun for all damages arising from your

failure to comply with the requirements of this

Agreement. In addition, you shall defend, at your

expense, any and all claims brought against Sun by

third parties, and shall pay all damages awarded by a

court of competent jurisdiction, or such settlement

amount negotiated by you, arising out of or in

connection with your use, reproduction or distribution

of the Software and/or the Publication. Your

obligation to provide indemnification under this

section shall arise provided that Sun: (a) provides

you prompt notice of the claim; (b) gives you sole

control of the defense and settlement of the claim;

information, assistance and authority to defend; and

(d) has not compromised or settled such claim without

your prior written consent; and (ix) You shall provide

Sun with a written notice for each Publication; such

notice shall include the following information: (1)

title of Publication, (2) author(s), (3) date of

Publication, and (4) ISBN or ISSN numbers. Such notice

shall be sent to Sun Microsystems, Inc., 4150 Network

Circle, M/S USCA12-110, Santa Clara, California 95054,

U.S.A , Attention: Contracts Administration.

F. Source Code. Software may contain source code that,

unless expressly licensed for other purposes, is

provided solely for reference purposes pursuant to the

terms of this Agreement. Source code may not be

redistributed unless expressly provided for in this

Agreement.

G. Third Party Code. Additional copyright notices and

license terms applicable to portions of the Software

are set forth in the THIRDPARTYLICENSEREADME.txt file.

In addition to any terms and conditions of any third

party opensource/freeware license identified in the

THIRDPARTYLICENSEREADME.txt file, the disclaimer of

warranty and limitation of liability provisions in

paragraphs 5 and 6 of the Binary Code License

Agreement shall apply to all Software in this

distribution.

H. Termination for Infringement. Either party may

terminate this Agreement immediately should any

Software become, or in either party's opinion be

likely to become, the subject of a claim of

infringement of any intellectual property right.

I. Installation and Auto-Update. The Software's

installation and auto-update processes transmit a

limited amount of data to Sun (or its service

provider) about those specific processes to help Sun

understand and optimize them. Sun does not associate

the data with personally identifiable information.

You can find more information about the data Sun

collects at http://java.com/data/.

For inquiries please contact: Sun Microsystems, Inc.,

4150 Network Circle, Santa Clara, California 95054,

U.S.A.

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