GSMK
CRYPTOPHONE 200, il
pda QTEK 2020 gsm-gprs cifrato
Accettazione delle condizioni di utilizzo Software da utilizzare
con Windows
LICENSE AGREEMENT
Devi
accettare le condizioni descritte in questa pagina per richiedere
l'invio del software di gestione sotto Windows, per poter parlare
con un utente dotato di GSMK Cryptophone 200 cifrato. Verrai contattato
da un nostro addetto con le istruzioni da seguire.
Definitions
In this document, "GSMK" refers to GSMK GmbH, Germany
and its possible successors in rights. GSMK holds the exclusive
rights on the CryptoPhone software and products.
"The
software" refers to the collection of computer code currently
provided by GSMK under the collective name GSMK CryptoPhone, the
accompanying documentation, as well as supplements and updates
to the software and documentation provided at a later time, unless
the latter are accompanied by a different license.
"You"
refers to the natural or legal person entering this agreement
as a counterpart to GMSK.
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Common
terms
This agreement governs the licensing of the specific software.
Other software products than CryptoPhone which have been supplied
together with a device are subject to separate license(s) by the
owners of their respective rights. Hardware and services are provided
according to terms and conditions defined elsewhere.
The sofware is distributed in three forms:
(i) as source code;
(ii) as pre-compiled binary code archives;
(iii) as pre-compiled binary code pre-installed or embedded in
hardware.
The common terms of this license apply to all forms of distribution.
Additionaly, specific terms for each form of distribution apply
to the respective distribution only.
The licensing terms which apply to any given form of distribution
are determined solely by GMSK's designation of the distribution
in question. To the extent that any binary distribution contains
uncompiled source code or other non-binary elements or components,
the licensing terms which apply to that distribution as a whole
apply to its non-binary components too.
All forms of license are granted to you solely on condition that
you agree to not use nor modify the software in any manner and
to not reproduce it nor redistribute it to any extent other than
those explicitly permitted by this license, even where rights
to other use, modification, reproduction or redistribution are
explicitly granted to you by law.
All intellectual property rights to the software remain with their
respective owners. This license only grants you certain limited,
non-exclusive rights to use the software as detailed below. Except
where otherwise stated, these rights are non-transferable. No
rights whatsoever are granted to you to copyrights, patents, brand
names, trade marks, logotypes or any other intellectual property
associated with the software.
The software is provided as-is, without any warranty whatsoever.
The source code is provided to you for your review, so that you
may assess the quality of the software and its fitness for any
particular purpose that you might wish to employ it for. By entering
this agreement you agree that you alone are responsible for the
correct assessment of the software's suitability for your purposes
and you agree to abstain from all and any claims against GSMK
resulting from the use or inability to use the software. Specifically,
you agree to not raise claims due to loss of information, property,
revenue, health or life, regardless of the way in which the damage
was caused and regardless of whether GSMK could have prevented
it or not. In any event, should GSMK nevertheless be found liable
for damages, you agree to such liability being limited to the
amount that you paid for the software.
You agree to not hold GSMK liable for any third-party claims of
infringement on their intellectual property related to the software,
irrespective of the merit of such claims.
This agreement supersedes all contrary agreements and undertakings
of the parties, whether explicit or implicit, unless such agreements
or undertakings have been designated "modification of license
agreement" and have been signed by an authorised representative
of GSMK.
Disputes related to this agreement shall be brought before either
(a) the appropriate courts in Berlin, Germany, or (b) the courts
of the jurisdiction in which you reside or have your seat. The
choice of forum belongs to the defendant on condition that he
agrees to fully subject himself to the jurisdiction that he chooses
and that he requests transfer to his chosen forum not later than
in his first in-court response to the action in question. As an
exception to this rule, counter-actions related to and depending
upon an existing action shall be brought before the courts of
the same jurisdiction as the original action. The enforcement
of existing rulings can be requested in any jurisdiction.
If in the future a different license agreement is published or
otherwise circulated, signed with a valid digital signature corresponding
to the public key included below, that agreement may, at your
option, supersede this agreement in its entirety.
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Distribution-specific terms
(i) Source code
Subject to the terms of this agreement, you are granted the right,
free of charge, (a) to download and make copies of the source
code distribution solely for the purpose of your own review of
the code, and (b) to compile it solely for the purpose of comparing
the compiled version to the binary code distributed by GSMK.
(i) Pre-compiled binary code archives
Subject to the terms of this agreement, you are granted the right,
free of charge, to download and make integral copies of the software
solely (a) for the purpose of running it on a non-hand held computer
and (b) for backup purposes. Specifically, you may run the software
on a stationary computer or a laptop, but not on a PDA or other
palm- or pocket-sized computing device.
(iii) pre-compiled binary code installed or embedded in hardware
Subject to the terms of this agreement, you are granted the right
(a) to run the software on the device on which it was originally
supplied by GSMK ("the device") and (b) the right to
transfer this license, on condition that you simultaneously transfer
the rights to the device to the same person. Jurisdiction-specific
terms
This section does not apply if you reside or have your seat in
Germany and use the software exclusively within the country.
In certain jurisdictions, this license agreement may be unlawful
or unenforceable, in part or in whole. GSMK declines to license
the software in such jurisdictions. By entering this agreement
you represent and guarantee that you are not subject to a jurisdiction
where this agreement can be severed.
In certain jurisdictions the law grants special rights to certain
entities, in excess of the rights it grants to the general public
and in excess of the rights granted by this license. GSMK declines
to license the software at all to such entities. By entering this
agreement you represent and guarantee that no special provisions
of the law apply to you which do not apply to the general public.
The software is subject to export control regulations. By entering
this agreement you declare and certify that the export of the
software to you does not violate German law or other regulations
applicable in Germany, and you agree to indemnify GSMK for all
damages arising through a possible incorrectness of this declaration.
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