Kallisys
Newton Software Licence Agreement

IMPORTANT: READ CAREFULLY
In this license, the expressions "the author", "author" and "Paul Guyot" are synonyms.

By downloading and/or installing and/or using any of the software or sources concerned, you are agreeing to be and are hereby bound by the terms of this license. If you do not agree to the terms of this license, you are not authorized to download or install or use this software. You must promptly destroy all copies of the software and accompagning documentation.

The author hereby grants you a non-exclusive Licence to use the softwares the sources and the documentation in the following terms:

You may as long as your state or your juridiction allow the exclusion and limitation of liability for consequential or incidental damages described below: (i) use the softwares on any device manufactured by Apple Computer, Inc, Sharp, Motorola or any other Apple licensee before january, 1st, 1999 with a StrongArm processor at a clock speeder lower or equal to 220 MHz; (ii) copy the software and the sources for backups or for any other purposes; (iii) distribute the software and the sources freely to anybody agreeing to be boud by this terms provided that the software is always accompanied by the documentation and this license; or (iv) use, copy, modify and distribute derivative works based on the sources provided that the copyright notices appear in all copies and that both the copyright notices and the license appear in supporting documentation and as long as the modifications are clearly noticed in both the sources and the supporting documentation. 

You may not: (i) use this software on any device manufactured after january, 1st, 1999, or with has a faster processor than a StrongArm with a clock at 220 MHz or any device based on an emulation of Newton Messagepads; (ii) permit other individuals to use the software or the sources except under the terms listed above; (iii) resell, rent or lease the software or the sources or the documentation; (iv) modify, translate, reverse engineer, decompile, disassemble (except to the extent that this restriction is expressly prohibited by law) or create derivative works based upon the software or the documentation; (v) create derivative work based upon the sources and sell, rent or lease this derivative work; or (vi) remove any proprietary notices or labels on the software or on the documentation.

This license does not grant you any right to any enhancement or update or support. 

Title, ownership, rights, and intellectual property rights in and to the software and the sources and the documentation shall remain in the author. The software is protected by the intellectual property laws of France, copyright and intellectual laws of the European Union and international copyright treaties. Title, ownership rights and intellectual property rights in and to the content accessed through the software or the sources or the documentation is the property of the applicable content owner and may be protected by applicable copyright or other law. This license gives you no rights to such content.

THE SOFTWARE AND THE SOURCES AND THE DOCUMENTATION ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AUTHOR FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION  REMAINS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN  NO EVENT SHALL THE AUTHOR OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF THE AUTHOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR STATE OR YOUR JURIDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, YOU MAY NOT USE THIS SOFTWARE AND SOURCES AND DOCUMENTATION.

This license shall terminate automatically if you fail to comply with the limitations described in this agreement. No notice shall be required from the author to effectuate such termination. On termination you must destroy all copies of the softwares and the sources and the documentation.

This license agreement shall be governed by the laws of France, without regard to conflicts of law provisions, and you consent to the exclusive jurisdiction of French and European courts sitting in France. Any and all unresolved disputes arising under this Agreement shall be submitted to arbitration in France. The award of the arbitrator shall be binding and may be entered as a judgment in any court of competent jurisdiction. This license agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

This agreement constitutes the complete and exclusive agreement between the author and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein. This agreement may not be modified except in a writing duly signed by Paul Guyot and you.

[Kallisys Newton License (US)- 18/10/00]