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The license explicitly contains references to its bundled dependencies
under section 13 and in the Addenum for Third Party Software
Applications, so its name must reflect ${PV}.
Signed-off-by: Lucio Sauer <watermanpaint@posteo.net>
235 lines
20 KiB
Plaintext
235 lines
20 KiB
Plaintext
THALES SOFTWARE LICENSE TERMS
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SafeNet Authentication Client
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Legal notice:
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Thales software is not sold; rather, copies of Thales software are licensed all the way through the distribution channel to the end user.
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UNLESS YOU HAVE ANOTHER AGREEMENT DIRECTLY WITH THALES THAT CONTROLS AND ALTERS YOUR USE OR DISTRIBUTION OF THE THALES SOFTWARE,
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THE TERMS AND CONDITIONS OF THE APPLICABLE LICENSE AGREEMENTS BELOW APPLY TO YOU.
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Please read the agreements applicable for the products you want to use.
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Please be careful to read the agreement for the software you want to use.
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LICENSE AGREEMENT
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IMPORTANT INFORMATION - PLEASE READ THIS AGREEMENT CAREFULLY BEFORE OPENING THE PACKAGE AND/OR USING THE CONTENTS THEREOF AND/OR
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BEFORE DOWNLOADING OR INSTALLING THE SOFTWARE PROGRAM. ALL ORDERS FOR AND USE OF SOFTWARE SUPPLIED BY Thales DIS CPL USA, Inc.
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(or any of its affiliates - either of them referred to as "THALES") ARE AND SHALL BE, SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT.
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BY OPENING THE PACKAGE CONTAINING THE PRODUCTS AND/OR BY DOWNLOADING THE SOFTWARE (as defined hereunder) AND/OR BY INSTALLING THE SOFTWARE
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ON YOUR COMPUTER AND/OR BY USING THE PRODUCT, YOU ARE ACCEPTING THIS AGREEMENT AND AGREEING TO BE BOUND BY ITS TERMS AND CONDITIONS.
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1. Ownership.
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The object code version of the software component of SafeNet Authentication Client, including any revisions, corrections, modifications, enhancements,
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updates and/or upgrades thereto about to be installed by you (hereinafter in whole or any part thereof defined as: "Software"), and the related the materials
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and documents pertaining to the Software which may include, without limitation, user guides, manuals, and any other written material provided by Thales
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(the "Documentation''), ARE NOT FOR SALE and are and shall remain Thales's sole property. All intellectual property rights (including, without limitation,
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copyrights, trade secrets, trademarks, etc.) evidenced by or embodied in and/or attached/connected/related to the Software, in the form of object code only,
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and the Documentation (collectively the ''Licensed Product''), are and shall be owned solely by Thales.
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This License Agreement does not convey to you an interest in or to the Licensed Product, but only a limited right of use revocable in accordance with the terms
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of this License Agreement. Nothing in this License Agreement constitutes a waiver of Thales's intellectual property rights under any law, and all rights not
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granted to you herein are expressly reserved by Thales. The Licensed Product is protected by law, including but not limited to the copyright laws of
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the United States and other countries, and by international treaty provisions.
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2. Non Exclusive License.
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Subject to payment of applicable fees, Thales hereby grants to you, and you accept, a personal, nonexclusive and fully revocable limited license (the "License")
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to use the Software, in executable form only, as described in the Documentation and only according to the terms of this License Agreement to: (i) install
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the Software and use it on computers as described in Thales's related Documentation; and (ii) merge and link the Software into your computer programs for
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the sole purpose described in the Documentation provided by Thales (the "Designated Uses"). Licensee shall use the Licensed Products only for the Designated
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Uses permitted by this License, as specified above, and only during the term of this License Agreement. Licensee shall not use the Licensed Products for any
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other purpose of any kind or nature whatsoever.
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3. Use Limitations.
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The Licensed Product must be used and maintained in strict compliance with the instruction and safety precautions of Thales contained herein, in all
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supplements thereto, and in any other written documents of Thales. Except as specifically permitted in Section 2 above, you agree not to: (i) use,
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copy, modify, merge, sub-license, or transfer the Software or any other of Thales's products, in whole or in part, except as expressly authorized
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in this License Agreement and in the Documentation, (ii) sell, license (or sub-license), lease, assign, transfer, pledge, or share your rights under
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this License with/to anyone else, (iii) modify, disassemble, decompile, reverse engineer, revise or enhance the Software or attempt to discover
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the Software's source code, (iv) place the Licensed Product, or any portion thereof, onto a server so that it is accessible via a public network,
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and (v) use any back-up or archival copies of the Licensed Product (or allow someone else to use such copies) for any purpose other that to replace
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an original copy if it is destroyed or becomes defective. If you are a member of the European Union, this License Agreement does not affect your
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rights under any legislation implementing the EC Council Directive on the Legal Protection of Computer Programs.
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You agree to reasonably communicate the terms and conditions of this License Agreement to those persons employed by you who come into contact with
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the Licensed Product, and to use reasonable best efforts to ensure their compliance with such terms and conditions, including, without limitation,
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not knowingly permitting such persons to use any portion of the Licensed Product for the purpose of deriving the source code of the Software.
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4. Limited Warranty.
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Thales warrants, for your benefit alone, that the Licensed Product, when and as delivered to you, and for a period of ninety (90) days after the date
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of delivery to you, will perform in substantial compliance with the Documentation, provided that it is used on the computer hardware and with the
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operating system for which it was designed. Non-substantial variation of performance from the Documentation does not establish a warranty right.
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5. Warranty Disclaimer.
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THALES DOES NOT WARRANT THAT ANY OF ITS PRODUCT(S) WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE.
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TO THE EXTENT ALLOWED BY LAW, THALES EXPRESSLY DISCLAIMS ALL EXPRESS WARRANTIES NOT STATED HEREIN AND ALL IMPLIED WARRANTIES, INCLUDING,
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BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO THALES DEALER, DISTRIBUTOR, CHANNEL PARTNER,
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RESELLER, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY.
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If any modifications are made to the Licensed Product by you during the warranty period; the Licensed Product has not been properly installed,
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operated, repaired or maintained in accordance with the instructions supplied by Thales; the Licensed Product has been subjected to abnormal
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physical or electrical stress, negligence or accident; or if you violate any of the terms of this License Agreement, then the warranty in
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Section 4 above, shall immediately be terminated. The warranty shall not apply if the Licensed Product is used on or in conjunction with hardware or
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programs other than the unmodified version of hardware and programs with which the Licensed Product was designed to be used as described in the Documentation.
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6. Limitation of Remedies.
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In the event of a breach of this warranty, Thales's sole obligation shall be, at Thales's sole discretion: (i) to replace or repair the Licensed Product,
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or component thereof, that does not meet the foregoing limited warranty, free of charge, or (ii) to refund the price paid by you for the Licensed Product,
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or component thereof. Any replacement or repaired component will be warranted for the remainder of the original warranty period or 30 days, whichever is longer.
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Warranty claims must be made in writing during the warranty period and within seven (7) days of the observation of the defect accompanied by evidence
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satisfactory to Thales. All Licensed Products should be returned to the Reseller, Distributor or Channel Partner from which they were purchased
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(if not purchased directly from Thales) and shall be shipped by the returning party with freight and insurance paid. The Licensed Product
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or component thereof must be returned with a copy of your receipt.
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7. Maintenance and Support.
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Thales has no obligation to provide support, maintenance, upgrades, modifications, or new releases under this License Agreement.
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8. Limitation of Liability.
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IN NO EVENT WILL THALES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION,
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INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS
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INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE PROGRAM, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF THALES HAS BEEN ADVISED
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OF THE POSSIBILITY OF SUCH DAMAGES. THALES'S AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS LICENSE AGREEMENT OR OTHERWISE
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WITH RESPECT TO THE LICENSED PRODUCT AND DOCUMENTATION OR OTHERWISE SHALL BE EQUAL TO THE PURCHASE PRICE, BUT SHALL IN NO EVENT EXCEED $1,000.
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THIS LIMITATION WILL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OF THIS LICENSE AGREEMENT. BECAUSE SOME STATES/COUNTRIES
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DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
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9. Export Restrictions.
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a) Licensee shall be solely responsible for and shall comply with all applicable laws, ordinances, rules and regulations imposed by any country
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or subdivision thereof applicable in connection with Licensees performance under this License agreement, including but not limited to laws and
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regulations applicable to: (i) the import and export of the Products; (ii) the U.S. Foreign Corrupt Practices Act, the UK Bribery Act or any
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other laws or regulations regarding corruption or bribery; (iii) the use of deceptive or misleading practices; or (iv) the privacy of users of
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personally identifiable information and the collection, storage, transfer and any other processing of any personally identifiable information
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collected or used by Licensee in any manner or maintained by third parties having authorized access to such information.
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b. Licensee shall obtain any and all permits, licenses, authorizations and/or certificates that may be required in any jurisdiction or by any
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regulatory or administrative agency in connection with the conduct of its business and the distribution or sale of the Products.
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c. In addition to any other indemnity under this license agreement, Licensee shall indemnify and hold Thales harmless from and against any and
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all claims, damages and liabilities asserted by any person or entity against Thales in connection with any acts or omissions of Licensees or
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third parties acting on Licensees behalf which constitute a breach of this Section 9. Licensees indemnification under this Section 9 shall
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include the payment of all reasonable attorneys fees and other costs incurred by Thales or its Affiliates. This provision shall survive any
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termination or expiration of this License agreement.
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10. Audit Rights.
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THALES SHALL HAVE THE RIGHT, AT ITS OWN EXPENSE, UPON REASONABLE PRIOR NOTICE, TO PERIODICALLY INSPECT AND AUDIT YOUR RECORDS TO ENSURE YOUR
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COMPLIANCE WITH THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.
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11. Termination.
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This License Agreement is effective until it is terminated. Thales may terminate this License Agreement if Thales finds that you have violated
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any of the terms of this License Agreement. All provisions relating to confidentiality, proprietary rights, and non-disclosure shall survive
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the termination of this License Agreement.
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12. Special Procedure for U.S. Government Sales.
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The Licensed Product: (i) was developed exclusively at private expense, (ii) is a trade secret of Thales for all purposes of the Freedom of
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Information Act or its successor or any other disclosure statute, regulation or provision, (iii) is "commercial computer software" subject to
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limited utilization (Restricted Rights), and (iv) including all copies of the Licensed Product, in all respects is and shall remain proprietary
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to Thales or its licensors. Use, duplication or disclosure by the U.S. Government or any person or entity acting on its behalf is subject to
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Restricted Rights and all applicable restrictions for software developed exclusively at private expense as set forth in: (i) for the DoD,
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the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or any successor clause, and (ii) for all government agencies,
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the Commercial Computer Software - Restricted Rights clause at FAR 52.227-19 or any successor clause. The U.S. Government must refrain from
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changing or removing any insignia or lettering from the Licensed Product or from producing copies of the Licensed Product and manuals (except
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one copy of the Licensed Product for backup purposes). All other U.S. Government personnel using the Licensed Product are hereby on notice
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that use of the Licensed Products are subject to restrictions, which are the same as, or similar to, those specified above. The manufacturer/supplier
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is Thales DIS CPL USA, Inc. - Corporate Headquarters, 4690 Millennium Drive, Belcamp, Maryland 21017, U. S. A.
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13. Open Source Software Components and Third Party Software.
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The Licensed Product is distributed with open source software components ("Open Source Software Components") and other Third Party Software (Third Party Software),
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which are ONLY subject to the license agreements referenced herein (which also contain limited warranties and liabilities). ONLY THOSE TERMS AND CONDITIONS SPECIFIED
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FOR EACH SPECIFIC OPEN SOURCE SOFTWARE COMPONENT OR THIRD PARTY SOFTWARE SHALL BE APPLICABLE TO SUCH COMPONENT. Each Open Source Software Component or
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Third Party Software is the copyright of its respective copyright owner as indicated in the applicable license, installation, readme and/or help files for such
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Open Source Software Components or Third Party Software. Thales makes no representations or warranties with regard to the Open Source Software Components or Third Party Software.
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14. Governing Law and dispute resolution
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This Agreement shall be governed by and construed in accordance with the table below without regard to the application of conflicts of laws principles,
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and each party irrevocable submits to the specified jurisdiction.
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Austria, Germany, Switzerland
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Thales Contracting Entity: THALES DIS CPL DEUTSCHLAND GMBH
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Governing Law: German Law
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Forum for Disputes: Munich Tribunal
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United Kingdom
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Thales Contracting Entity: THALES DIS CPL UK LIMITED
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Governing Law: English Law
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Forum for Disputes: Courts of London
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Rest of the EMEA countries
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Thales Contracting Entity: THALES DIS TECHNOLOGIES BV
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Governing Law: English Law
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Forum for Disputes: Courts of London
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Israel
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Thales Contracting Entity: THALES DIS ISREAL LTD
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Governing Law: Laws of England & Wales
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Forum for Disputes: Courts of London
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Australia & New Zealand
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Thales Contracting Entity: THALES DIS CPL AUSTRALIA PTY LTD
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Governing Law: Laws of New South Wales
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Forum for Disputes: Courts in Sydney, Australia
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Japan
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Thales Contracting Entity: THALES DIS JAPAN KK
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Governing Law: Laws of Japan
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Forum for Disputes: Courts in Tokyo, Japan
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India
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Thales Contracting Entity: SAFENET INDIA PRIVATE LIMITED
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Governing Law: Laws of India
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Forum for Disputes: Courts in New Delhi, India
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United States of America and the Caribbean
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Thales Contracting Entity: Thales DIS CPL USA, Inc.
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Governing Law: Laws of Texas (USA)
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Forum for Disputes: Courts of Travis County, TX
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Brazil
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Thales Contracting Entity: THALES DIS BRASIL CARTÕES E SOLUÇÕES TECNOLOGICAS LTDA
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Governing Law: Laws of Brazil
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Forum for Disputes: Courts in São Paulo, Brazil
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Canada
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Thales Contracting Entity: THALES DIS CPL CANADA, INC.
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Governing Law: Laws of the Province of Ontario
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Forum for Disputes: Courts of the Province of Ontario
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Mexico & Rest of the LATAM countries (except as noted)
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Thales Contracting Entity: THALES DIS MEXICO SA DE CV
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Governing Law: Laws of Mexico
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Forum for Disputes: Courts in Mexico City
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Hong Kong, China and the rest of Asia (except as noted)
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Thales Contracting Entity: THALES DIS CPL HONG KONG LIMITED
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Governing Law: Laws of Hong Kong
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Forum for Disputes: Courts in Hong Kong
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This License Agreement shall be construed, interpreted and governed by the laws of the State of Delaware without regard to conflicts of laws and provisions thereof.
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The exclusive forum for any disputes arising out of or relating to this License Agreement shall be an appropriate federal or state court sitting in the State of Maryland, USA.
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The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. This License Agreement shall constitute the entire
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Agreement between the parties hereto. This License Agreement, the rights granted hereunder, and the Licensed Product shall not be assigned by you without the prior written
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consent of Thales. Any waiver or modification of this License Agreement shall only be effective if it is in writing and signed by both parties hereto. If any part of
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this License Agreement is found invalid or unenforceable by a court of competent jurisdiction, the remainder of this License Agreement shall be interpreted so as to
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reasonably effect the intention of the parties.
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© 2022, Thales. All rights reserved.
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ADDENDUM FOR THIRD PARTY SOFTWARE APPLICATIONS:
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The Software contains certain Third Party Software, including Open Source Software Components, as listed below. Any use of the Open Source Software Components is subject
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to the applicable license agreements, referenced below. If you choose to distribute or otherwise use the Open Source Software Components independent of the Software,
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you may only do so in accordance with the applicable licenses below, and any and all proprietary notices of Thales, Inc., must be removed from any resulting product.
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In no event shall you state or imply that a derivative product you created with the Open Source Software Components is produced by Thales or otherwise endorsed or supported by Thales.
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The hyperlinks to the following Third Party Software licenses are valid as of the version date of this License Agreement.
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Exhibit A:
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ZLib License
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I. Copyright (C) 1995-2005 Jean-loup Gailly and Mark Adler
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II. This software is provided 'as-is', without any express or implied warranty. In no event will the authors be held liable for any damages arising from the use of this software.
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III. Permission is granted to anyone to use this software for any purpose, including commercial applications, and to alter it and redistribute it freely, subject to the following restrictions:
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IV. The origin of this software must not be misrepresented; you must not claim that you wrote the original software. If you use this software in a product, an acknowledgment in
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the product documentation would be appreciated but is not required.
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V. Altered source versions must be plainly marked as such, and must not be misrepresented as being the original software.
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VI. This notice may not be removed or altered from any source distribution.
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a. Jean-loup Gailly jloup@gzip.org <mailto:jloup@gzip.org>
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b. Mark Adler madler@alumni.caltech.edu <mailto:madler@alumni.caltech.edu>
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OpenSC component is distributed under the Lgpl v2.1 License which can be read on the free software foundation website:
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https://www.gnu.org/licenses/old-licenses/lgpl-2.1.fr.html
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GNU Lesser General Public License
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The Open Source Software Component (OpenSC), whose PKCS#15 functionality is utilized within SafeNet's PKCS#11 and SafeNet SIS MD products, is used and distributed under the GNU Lesser General Public License 2.1 i.e. LGPL-2.1, which can be read on the open source foundation website:
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https://opensource.org/licenses/LGPL-2.1
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