From the MT 4.0 install package:-
MonoTouch 4.0.0
Novell® Software License Agreement
PLEASE READ THIS AGREEMENT CAREFULLY. BY INSTALLING, DOWNLOADING OR
OTHERWISE USING THE SOFTWARE, YOU AGREE TO THE TERMS OF THIS AGREEMENT.
IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT DOWNLOAD, INSTALL OR USE
THE SOFTWARE.
RIGHTS AND LICENSES
This Novell Software License Agreement (“Agreement”) is a legal
agreement between You (an entity or a person) and Novell, Inc.
(“Novell”). The software product identified in the title of this
Agreement for which You have acquired licenses, any media and
accompanying documentation (collectively the “Software”) is protected by
the copyright laws and treaties of the United States (“U.S.”) and other
countries and is subject to the terms of this Agreement. Any update or
support release to the Software that You may download or receive that is
not accompanied by a license agreement expressly superseding this
Agreement is Software and governed by this Agreement. If the Software is
an update or support release, then You must have validly licensed the
version and quantity of the Software being updated or supported in order
to install or use the update or support release.
The Software is comprised of numerous components that may be accompanied
by separate license terms. The Software is a collective work of Novell;
although Novell does not own the copyright to every component of the
Software, Novell owns the collective work copyright for the Software.
Some of the components are open source packages, developed
independently, and accompanied by separate license terms. Your license
rights with respect to individual components accompanied by separate
license terms are defined by those terms; nothing in this agreement
shall restrict, limit, or otherwise affect any rights or obligations You
may have, or conditions to which You may be subject, under such license
terms; however, if You distribute copies of any component independent of
the Software, You must remove all Novell trademarks, trade dress, and
logos from each copy.
"Instance" means the initial copy of the Software necessary for
execution of the Software and each additional copy (or partial copy) of
the Software stored or loaded in memory or virtual memory.
You must acquire an Enterprise Instance, Professional Instance or
Student Instance license for each Instance of the Software.
The “Non-Modifiable Redistributables” are libmono.a and libmonotouch.a.
Unless your license is a Student Instance license, subject to the terms
and conditions of this Agreement, Novell hereby grants to You a
world-wide, nonexclusive, non-transferable, royalty-free license to
reproduce, distribute, perform, and display the non-modifiable
redistributables in binary code form only and solely in combination with
or in support of Your product developed using the Software, and solely
for the iPhone OS. If your license is a Professional Instance, You may
only distribute via the Apple App Store. If your license is an
Enterprise Instance, You may only distribute via either the Apple App
Store or enterprise deployment.
The “Modifiable Redistributable: is monotouch.dll.
Unless your license is a Student Instance license, subject to the terms
and conditions of this Agreement, Novell hereby grants to You a
world-wide, nonexclusive, non-transferable, royalty-free license to
reproduce, modify, distribute, perform, and display the Modifiable
Redistributable, and derivative works thereof permitted pursuant to this
Agreement. External distribution shall be in binary code form only and
solely in combination with or in support of Your product developed using
the Software, and solely for the iPhone OS. If your license is a
Professional Instance, You may only distribute via the Apple App Store.
If your license is an Enterprise Instance, You may only distribute via
either the Apple App Store or enterprise deployment.
OTHER LICENSE TERMS AND RESTRICTIONS
The Software is protected by the copyright laws and treaties of the
United States ("U.S.") and other countries and is subject to the terms
of this Agreement. The Software is licensed to You, not sold.
The Software may be bundled with other software programs ("Bundled
Programs"). Your license rights with respect to Bundled Programs
accompanied by separate license terms are defined by those terms;
nothing in this Agreement shall restrict, limit, or otherwise affect any
rights or obligations You may have, or conditions to which You may be
subject, under such license terms.
Novell reserves all rights not expressly granted to You. You may not:
(1) reverse engineer, decompile, or disassemble the Software except and
only to the extent it is expressly permitted by applicable law; or (2)
transfer the Software or Your license rights under this Agreement, in
whole or in part.
Evaluation Software. If the Software is an evaluation version or is
provided to You for evaluation purposes, then Your license to use the
Software is limited solely to internal evaluation purposes and in
accordance with the terms of the evaluation offering under which You
received the Software and expires 90 days from installation (or such
other period as may be indicated within the Software). Upon expiration
of the evaluation period, You must discontinue use of the Software,
return to an original state any actions performed by the Software, and
delete the Software entirely from Your system. The Software may contain
an automatic disabling mechanism that prevents its use after a certain
period of time, so You should back up Your system and take other
measures to prevent any loss of files or data.
MAINTENANCE AND SUPPORT
Novell has no obligation to provide support or maintenance unless You
purchase an offering that expressly includes support or maintenance
services. If You make such a purchase and no separate agreement
specifically applies to the support or maintenance services, then the
terms of this Agreement will govern the provision of such support or
maintenance services (“Services“). For more information on Novell's
current support offerings, see http://www.novell.com/support.
OWNERSHIP
No title to or ownership of the Software is transferred to You. Novell
and/or its licensors retain all right, title and interest in and to all
intellectual property rights in the Software and Services, including any
adaptations or copies thereof. You acquire only a conditional license to
use the Software.
LIMITED WARRANTY
For ninety (90) days from Your date of purchase, Novell warrants that
(1) any media on which the Software is delivered is free from physical
defects; and (2) the Software will substantially conform to the
documentation accompanying the Software. If the defective items are
returned to Novell or if You report the nonconformity to Novell within
ninety (90) days from the date of purchase, Novell will at its sole
discretion either resolve the nonconformity or refund the license fees
You paid for the Software. Any unauthorized use or modification to the
Software voids this warranty. THE FOREGOING WARRANTY IS YOUR SOLE AND
EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR
IMPLIED. (The foregoing warranty does not apply to Software provided
free of charge. SUCH SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES
OF ANY KIND.)
Services. Novell warrants that any Services purchased will be supplied
in a professional manner in accordance with generally accepted industry
standards. This warranty will be effective for ninety (90) days
following delivery of the Services. Upon any breach of this warranty,
Novell’s only obligation is to either correct the Services so that they
comply with this warranty or at its option refund the amount You paid to
Novell for the portion of the Services that fail to comply with this
warranty. As files may be altered or damaged in the course of Novell
providing technical services, You agree to take appropriate measures to
isolate and back up Your systems.
THE SOFTWARE IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR
DISTRIBUTION WITH ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS
REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR
FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATION, OR CONTROL SYSTEMS,
DIRECT LIFE SUPPORT MACHINES, WEAPONS SYSTEMS, OR OTHER USES IN WHICH
FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY,
OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
THE SOFTWARE IS ONLY COMPATIBLE WITH CERTAIN COMPUTERS AND OPERATING
SYSTEMS. THE SOFTWARE IS NOT WARRANTED FOR NON-COMPATIBLE SYSTEMS. Call
Novell or Your reseller for information about compatibility.
Non-Novell Products. The Software may include or be bundled with
hardware or other software programs or services licensed or sold by an
entity other than Novell. NOVELL DOES NOT WARRANT NON-NOVELL PRODUCTS OR
SERVICES. ANY SUCH PRODUCTS OR SERVICES ARE PROVIDED ON AN “AS IS”
BASIS. WARRANTY SERVICE IF ANY FOR NON-NOVELL PRODUCTS IS PROVIDED BY
THE PRODUCT LICENSOR IN ACCORDANCE WITH THE APPLICABLE LICENSOR WARRANTY.
EXCEPT AS OTHERWISE RESTRICTED BY LAW, NOVELL DISCLAIMS AND EXCLUDES ANY
AND ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. NOVELL
MAKES NO WARRANTY, REPRESENTATION OR PROMISE NOT EXPRESSLY SET FORTH IN
THIS LIMITED WARRANTY. NOVELL DOES NOT WARRANT THAT THE SOFTWARE OR
SERVICES WILL SATISFY YOUR REQUIREMENTS OR THAT THE OPERATION OF THE
SOFTWARE OR SERVICES WILL BE UNINTERRUPTED. Some jurisdictions do not
allow certain disclaimers and limitations of warranties, so portions of
the above limitations may not apply to You. This limited warranty gives
You specific rights and You may also have other rights which vary by
state or jurisdiction.
LIMITATION OF LIABILITY
Consequential Losses. NEITHER NOVELL NOR ANY OF ITS LICENSORS,
SUBSIDIARIES, OR EMPLOYEES WILL IN ANY CASE BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, CONSEQUENTIAL, INDIRECT, TORT, ECONOMIC OR PUNITIVE DAMAGES
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR SERVICES,
INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, BUSINESS OR DATA, EVEN IF
ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
Direct Damages. IN NO EVENT WILL NOVELL'S AGGREGATE LIABILITY FOR DIRECT
DAMAGES TO PROPERTY OR PERSON (WHETHER IN ONE INSTANCE OR A SERIES OF
INSTANCES) EXCEED 1.25 TIMES THE AMOUNT PAID BY YOU FOR THE SOFTWARE OR
SERVICES OUT OF WHICH SUCH CLAIM AROSE (OR $50 (U.S.) IF YOU RECEIVED
THE SOFTWARE FREE OF CHARGE). The above exclusions and limitations will
not apply to claims relating to death or personal injury. In those
jurisdictions that do not allow the exclusion or limitation of damages,
Novell's liability shall be limited or excluded to the maximum extent
allowed within those jurisdictions.
GENERAL TERMS
Term. This Agreement becomes effective on the date You legally acquire
the Software and will automatically terminate if You breach any of its
terms.
Benchmark Testing. This benchmark testing restriction applies to You if
You are a software developer or licensor or if You are performing
testing on the Software at the direction of or on behalf of a software
developer or licensor. You may not, without Novell's prior written
consent not to be unreasonably withheld, publish or disclose to any
third party the results of any benchmark test of the Software. If You
are a licensor of products that are functionally similar to or compete
with the Software (“Similar Products”), or are acting on behalf of such
a licensor, and You publish or disclose benchmark information on the
Software in violation of this restriction, then notwithstanding anything
to the contrary in the Similar Product's end user license agreement, and
in addition to any other remedies Novell may have, Novell shall have the
right to perform benchmark testing on Similar Products and to disclose
and publish that benchmark information and You hereby represent that You
have authority to grant such right to Novell.
Open Source. Nothing in this Agreement shall restrict, limit or
otherwise affect any rights or obligations You may have, or conditions
to which You may be subject, under any applicable open source licenses
to any open source code contained in the Software.
Transfer. This Agreement may not be transferred or assigned without the
prior written approval of Novell.
Law and Jurisdiction. This Agreement is governed by the laws of the
State of Utah, U.S. Any action at law relating to this Agreement may
only be brought before the courts of competent jurisdiction of the State
of Utah. If, however, Your country of principal residence is a member
state of the European Union or the European Free Trade Association, this
Agreement is governed by the laws of that country, and any action at law
may only be brought before a court of competent jurisdiction of that
country.
Entire Agreement. This Agreement sets forth the entire understanding and
agreement between You and Novell and may be amended or modified only by
a written agreement agreed to by You and an authorized representative of
Novell. NO LICENSOR, DISTRIBUTOR, DEALER, RETAILER, RESELLER, SALES
PERSON, OR EMPLOYEE IS AUTHORIZED TO MODIFY THIS AGREEMENT OR TO MAKE
ANY REPRESENTATION OR PROMISE THAT IS DIFFERENT FROM, OR IN ADDITION TO,
THE TERMS OF THIS AGREEMENT.
Waiver. No waiver of any right under this Agreement will be effective
unless in writing, signed by a duly authorized representative of the
party to be bound. No waiver of any past or present right arising from
any breach or failure to perform will be deemed to be a waiver of any
future right arising under this Agreement.
Severability. If any provision in this Agreement is invalid or
unenforceable, that provision will be construed, limited, modified or,
if necessary, severed, to the extent necessary, to eliminate its
invalidity or unenforceability, and the other provisions of this
Agreement will remain unaffected.
Export Compliance. Any products or technical information provided under
this Agreement may be subject to U.S. export controls and the trade laws
of other countries. The parties agree to comply with all export control
regulations and to obtain any required licenses or classification to
export, re-export or import deliverables. The parties agree not to
export or re-export to entities on the current U.S. export exclusion
lists or to any embargoed or terrorist countries as specified in the
U.S. export laws. The parties will not use deliverables for prohibited
nuclear, missile, or chemical biological weaponry end uses. Please
consult the Bureau of Industry and Security web page www.bis.doc.gov
before exporting Novell products from the U.S. Please refer to
http://www.novell.com/company/legal/ for more information on exporting
Novell software. Upon request, Novell will provide You specific
information regarding applicable restrictions. However, Novell assumes
no responsibility for Your failure to obtain any necessary export approvals.
U.S. Government Restricted Rights. Use, duplication, or disclosure by
the U.S. Government is subject to the restrictions in FAR 52.227-14
(June 1987) Alternate III (June 1987), FAR 52.227-19 (June 1987), or
DFARS 252.227-7013 (b) (3) (Nov 1995), or applicable successor clauses.
Contractor/Manufacturer is Novell, Inc., 1800 South Novell Place, Provo,
Utah 84606.
Other. The application of the United Nations Convention of Contracts for
the International Sale of Goods is expressly excluded.
© 1993, 2000-2010 Novell, Inc. All Rights Reserved.
(120910)
Novell is a registered trademark of Novell, Inc. in the United States
and other countries.
_______________________________________________
MonoTouch mailing list
[email protected]
http://lists.ximian.com/mailman/listinfo/monotouch
