MetaConsole Client
User’s Guide for Canon Devices version 2.0
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MetaConsole SOFTWARE LICENSE AGREEMENT
1.IMPORTANT - READ CAREFULLY:
This NETAPHOR SOFTWARE, INC. End User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity - "LICENSEE") and NETAPHOR SOFTWARE, INC. for the MetaConsole software product identified above, which includes computer software (including public domain software, including without limitation software from the Apache Software Foundation which is the subject of a separate agreement which follows and is incorporated herein by reference) and associated media and printed materials, and may include "online" or electronic documentation (collectively, the "SOFTWARE PRODUCT" or "SOFTWARE"). BY DOWNLOADING OR INSTALLING this SOFTWARE TO YOUR COMPUTER YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT download and install this software. If you do not agree to the terms of this EULA, you may not install, copy, or use the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is copyrighted and licensed (not sold) to you by NETAPHOR SOFTWARE, INC. ("NETAPHOR" or "LICENSOR") 15520 Rockfield Blvd., Suite E, Irvine, CA. This license agreement represents the entire agreement concerning the SOFTWARE between LICENSEE and NETAPHOR and it supersedes any prior proposal, representation, or understanding between the parties. NETAPHOR reserves any rights not expressly granted to LICENSEE.
2.SOFTWARE PRODUCT LICENSE. The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
3.GRANT OF LICENSE. This EULA grants LICENSEE the following non-exclusive rights:
3.1RUN-TIME LICENSE: LICENSEE receives the right to use the MetaConsole software as described in this EULA for the purposes of managing devices and services supported by MetaConsole.
4.RESTRICTIONS.
4.1LICENSEE MAY NOT ASSIGN, SUBLICENSE, MODIFY, ADAPT, TRANSFER, PLEDGE, LEASE, RENT OR SHARE LICENSEE'S RIGHTS UNDER THIS LICENSE AGREEMENT.
4.2LICENSEE MAY NOT REVERSE ASSEMBLE, REVERSE COMPILE, OR OTHERWISE TRANSLATE THE SOFTWARE OR USE ANY OTHER METHOD TO DISCOVER THE SOFTWARE'S SOURCE CODE. LICENSEE MAY NOT CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF EXCEPT AS SPECIFICALLY PROVIDED IN THIS LICENSE AGREEMENT. LICENSEE MAY NOT COPY THE SOFTWARE PRODUCT EXCEPT AS SPECIFICALLY PROVIDED IN THIS LICENSE AGREEMENT.
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5.LICENSOR'S RIGHTS. LICENSEE acknowledges and agrees that the SOFTWARE PRODUCT are proprietary products of LICENSOR or its suppliers and are protected under U.S. copyright law. LICENSEE further acknowledges and agrees that all right, title and interest in and to the software product, including associated intellectual property rights, are and shall remain with LICENSOR or its supplier. LICENSOR'S suppliers may protect their rights in the SOFTWARE PRODUCT in the event of a violation of this License Agreement. This License Agreement does not convey to LICENSEE an interest in or to the SOFTWARE PRODUCT, but only a limited right of use revocable in accordance with the terms of this License Agreement.
6.TERMINATION. This License Agreement is effective upon the use, download or acceptance of the SOFTWARE PRODUCT by LICENSEE and shall continue until terminated. LICENSOR may terminate this License Agreement upon the breach by LICENSEE of any term hereof. Upon such termination by LICENSOR, LICENSEE agrees to delete the SOFTWARE PRODUCT from the hard drive of the computer that it is installed on and destroy all copies of the SOFTWARE PRODUCT.
7.OTHER RIGHTS AND LIMITATIONS:
7.1Rental. LICENSEE may not rent, lease or sell the SOFTWARE PRODUCT as a standalone component.
7.2Support Services. NETAPHOR SOFTWARE, INC. may provide, in its sole discretion, LICENSEE with support services related to the SOFTWARE PRODUCT ("Support Services") described in "online" documentation and/or in other NETAPHOR SOFTWARE, INC.-provided materials. NETAPHOR will charge Licensee for these Support Services.
8.NO WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NETAPHOR EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE PRODUCT. THE SOFTWARE PRODUCT AND ANY RELATED DOCUMENTATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH LICENSEE.
9.LIMITATION OF LIABILITY. IN NO EVENT SHALL NETAPHOR OR ITS SUPPLIERS AND DISTRIBUTORSBE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL, PUNITIVE OR MULTIPLE DAMAGES WHATSOEVER, WHETHER IN CONTRACT, TORT OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR ACCOMPANYING ASSOCIATED MEDIA AND PRINTED MATERIALS WHICH MAY INCLUDE “ONLINE” OR ELECTRONIC DOCUMENTATION OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF NETAPHOR AND ITS SUPPLIERS AND DISTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR IF THE DAMAGES ARE FORSEEABLE. IN ANY CASE, NETAPHOR'S, ITS SUPPLIERS’ AND DISTRIBUTORS’ ENTIRE COLLECTIVE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY LICENSEE FOR THE SOFTWARE PRODUCT.; BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO LICENSEE.
10.GOVERNING LAW. This License Agreement shall be construed and governed in accordance with the laws of the State of California. Should any term of this License Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof.
11.COSTS OF LITIGATION. If any action is brought by either party to this License Agreement against the other party regarding the subject matter hereof, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorney fees and expenses of litigation.
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12.NO WAIVER. The failure of any party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
13.U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. The Manufacturer is NETAPHOR SOFTWARE, INC., Irvine, CA 92618.
YEAR 2000 STATEMENT
NETAPHOR SOFTWARE, INC. considers a product Year 2000 compliant if the product, when used in accordance with its associated documentation, is capable of correctly processing, providing, and/or receiving date data within and between the 20th and 21st centuries, provided that all products (for example, hardware, software and firmware) used with the product properly exchange accurate date data with it.
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Apache Software Foundation
MetaConsole software contains the Xalan and Xerces components from the Apache Software Foundation.
Xalan
The Apache Software License, Version 1.1
Copyright (c) 1999 The Apache Software Foundation. All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
1.Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
2.Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
3.The end-user documentation included with the redistribution, if any, must include the following acknowledgment:
"This product includes software developed by the Apache Software Foundation (http://www.apache.org/)."
Alternately, this acknowledgment may appear in the software itself, if and wherever such third-party acknowledgments normally appear.
4.The names "Xalan" and "Apache Software Foundation" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact apache@apache.org.
5.Products derived from this software may not be called "Apache", nor may "Apache" appear in their name, without prior written permission of the Apache Software Foundation.
THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE APACHE SOFTWARE FOUNDATION OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
This software consists of voluntary contributions made by many individuals on behalf of the Apache Software Foundation and was originally based on software copyright (c) 1999, Lotus Development Corporation, http://www.lotus.com. For more information on the Apache Software Foundation, please see http://www.apache.org/.
Xerces
The Apache Software License, Version 1.1
Copyright (c) 1999 The Apache Software Foundation. All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
1.Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
2.Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
3.The end-user documentation included with the redistribution, if any, must include the following acknowledgment:
"This product includes software developed by the Apache Software Foundation (http://www.apache.org/)."
Alternately, this acknowledgment may appear in the software itself, if and wherever such third-party acknowledgments normally appear.
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4.The names "Xerces" and "Apache Software Foundation" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact apache@apache.org.
5.Products derived from this software may not be called "Apache", nor may "Apache" appear in their name, without prior written permission of the Apache Software Foundation.
THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE APACHE SOFTWARE FOUNDATION OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
This software consists of voluntary contributions made by many individuals on behalf of the Apache Software Foundation and was originally based on software copyright (c) 1999, Lotus Development Corporation, http://www.lotus.com. For more information on the Apache Software Foundation, please see http://www.apache.org/.
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