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LICENSE_EN.txt
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TARS 9
TARS 9 FREEWARE LICENSE AGREEMENT
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING
THE TARS 9 SOFTWARE. BY USING THE TARS 9 SOFTWARE, YOU ARE AGREEING TO BE BOUND
BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE,
DO NOT USE THE SOFTWARE. IF THE TARS 9 SOFTWARE WAS ACCESSED ELECTRONICALLY,
CLICK "DISAGREE/DECLINE".
1. General. The software (including all content), documentation and any fonts
accompanying the software (if any), whether on disk, in read only memory, on any
other media or in any other form (collectively the "TARS 9 Software") is
licensed, not sold, to you by TARS Nine ("TARS 9") for use only under the terms
of this License, and TARS 9 reserves all rights not expressly granted to you.
You own the media on which the TARS 9 Software is recorded but TARS 9 and/or
TARS 9's licensor(s) retain ownership of the TARS 9 Software itself. The terms
of this License will govern any software upgrades provided by TARS 9 that
replace and/or supplement the original TARS 9 Software, unless such upgrade is
accompanied by a separate license in which case the terms of that license will
govern.
2. Free License.
You are granted a non-exclusive License to Use the this Software for any
purposes for an unlimited period of time.
The software product under this License is provided free of charge. Even though
a license fee is not paid for the use of such software, it does not mean that
there are no conditions for using such software.
A. The Software may be installed and used for any legal purpose.
B. The Software may be installed and used on any number of systems.
C. The Software can be copied and distributed under the condition that original
copyright notice and disclaimer of warranty will stay intact and you will not
charge money or fees for the Software product, except to cover distribution
costs.
3. Permitted License Uses and Restrictions.
A. You may not and you agree not to, or to enable others to, copy (except as
expressly permitted by this License), decompile, reverse engineer, disassemble,
attempt to derive the source code of, decrypt, modify, or create derivative
works of the TARS 9 Software or any services provided by the TARS 9 Software, or
any part thereof (except as and only to the extent any foregoing restriction is
prohibited by applicable law or to the extent as may be permitted by the
licensing terms governing use of Open-Sourced Components included with the
TARS 9 Software). Any attempt to do so is a violation of the rights of TARS 9
and its licensors of the TARS 9 Software. If you breach this restriction, you
may be subject to prosecution and damages.
B. TARS 9 has provided, as part of the TARS 9 Software, access to certain third
party software or services as a convenience. To the extent that the TARS 9
Software contains, or provides access to, any third party software or services,
TARS 9 has no express or implied obligation to provide any technical or other
support for such software or services. Please contact the appropriate software
vendor, manufacturer or service provider directly for technical support and
customer service related to its software, service and/ or products.
4. Consent to Use of Data.
A. You agree that TARS 9 and its subsidiaries and agents may collect, maintain,
process and use diagnostic, technical, usage and related information, including
but not limited to information about your computer, system and application
software, and peripherals, that is gathered periodically to facilitate the
provision of software updates, product support and other services to you (if
any) related to the TARS 9 Software, and to verify compliance with the terms of
this License. TARS 9 may use this information, as long as it is in a form that
does not personally identify you, to provide and improve TARS 9's products and
services.
5. Services and Third Party Materials.
A. The TARS 9 Software may enable access to TARS 9 and third party services and
web sites (collectively and individually, "Services"). Such services may not be
available in all languages or in all countries. Useof these Services requires
Internet access and use of certain Services may require an user ID provided by
the service of TARS 9 ("TARS 9 ID"), may require you to accept additional terms
and may be subject to additional fees. By using this software in connection with
a TARS 9 ID or other TARS 9 account, you agree to the applicable terms of
service for that account.
B. You understand that by using any of the Services, you may encounter content
that may be deemed offensive, indecent, or objectionable, which content may or
may not be identified as having explicitlanguage, and that the results of any
search or entering of a particular URL may automatically and unintentionally
generate links or references to objectionable material. Nevertheless, you agree
to use the Services at your sole risk and that TARS 9 shall have no liability to
you for content that may be found to be offensive, indecent, or objectionable.
C. Certain Services may display, include or make available content, data,
information, applications or materials from third parties ("Third Party
Materials") or provide links to certain third party web sites. By using the
Services, you acknowledge and agree that TARS 9 is not responsible for examining
or evaluating the content, accuracy, completeness, timeliness, validity,
copyright compliance, legality, decency, quality or any other aspect of such
Third Party Materials or web sites. TARS 9, its officers, affiliates and
subsidiaries do not warrant or endorse and do not assume and will not have any
liability or responsibility to you or any other person for any third-party
Services, Third Party Materials or web sites, or for any other materials,
products, or services of third parties. Third Party Materials and links to other
web sites are provided solely as a convenience to you.
D. You agree that the Services contain proprietary content, information and
material that is owned by TARS 9 and/or its licensors, and is protected by
applicable intellectual property and other laws, including but not limited to
copyright, and that you will not use such proprietary content, information or
materials in any way whatsoever except for permitted use of the Services or in
any manner that is inconsistentwith the terms of this License or that infringes
any intellectual property rights of a third party or TARS 9. No portion of the
Services may be reproduced in any form or by any means. You agree not to modify,
rent, lease, loan, sell, distribute, or create derivative works based on the
Services, in any manner, and you shall not exploit the Services in any
unauthorized way whatsoever, including but not limited to, using the Services to
transmit any computer viruses, worms, trojan horses or other malware, or by
trespass or burdening network capacity. You further agree not to use the
Services in any manner to harass, abuse, stalk, threaten, defame or otherwise
infringe or violate the rights of any other party, and that TARS 9 is not in any
way responsible for any such use by you, nor for any harassing, threatening,
defamatory, offensive, infringing or illegal messages or transmissions that you
may receive as a result of using any of the Services.
E. In addition, Services and Third Party Materials that may be accessed from,
displayed on or linked to from the TARS 9 Software are not available in all
languages or in all countries. TARS 9 makes no representation that such Services
and Materials are appropriate or available for use in any particular location.
To the extent you choose to access such Services or Materials, you do so at your
own initiative and are responsible for compliance with any applicable laws,
including but not limited to applicable local laws. TARS 9 and its licensors
reserve the right to change, suspend, remove, or disable access to any Services
at any time without notice. In no event will TARS 9 be liable for the removal of
or disabling of access to any such Services. TARS 9 may also impose limits on
the use of or access to certain Services, in any case and without notice or
liability. You acknowledge that neither TARS 9 or its licensors has an express
or implied obligation to provide, or continue to provide, the Services now or in
the future.
6. Termination. This License is effective until terminated. Your rights under
this License will terminate automatically without notice from TARS 9 if you fail
to comply with any term(s) of this License. Upon the termination of this
License, you shall cease all use of the TARS 9 Software and destroy all copies,
full or partial, of the TARS 9 Software. This License shall survive any such
termination.
7. Disclaimer of Warranties.
A. If you are a customer who is a consumer (someone who uses the TARS 9 Software
outside of your trade, business or profession), you may have legal rights in
your country of residence which would prohibit the following limitations from
applying to you, and where prohibited they will not apply to you. To find out
more about rights, you should contact a local consumer advice organization.
B. TARS 9 DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE
TARS 9 SOFTWARE OR SERVICES, THAT THE FUNCTIONS CONTAINED IN THE TARS 9 SOFTWARE
OR SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE TARS 9
SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE TARS 9
SOFTWARE OR SERVICES WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE, OR THAT
DEFECTS IN THE TARS 9 SOFTWARE OR SERVICES WILL BE CORRECTED.
C. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TARS 9 OR A TARS 9
AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE TARS 9 SOFTWARE OR
SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE
ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
8. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN
NO EVENT SHALL TARS 9 BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, BUSINESS INTERRUPTION
OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE
OR INABILITY TO USE THE TARS 9 SOFTWARE OR SERVICES, HOWEVER CAUSED, REGARDLESS
OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF TARS 9 HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Export Control. You may not use or otherwise export or reexport the TARS 9
Software except as authorized by Republic of Korea law and the laws of the
jurisdiction in which the TARS 9 Software was obtained. In particular, but
without limitation, the TARS 9 Software may not be exported or re-exported into
any Republic of Korea embargoed countries. You also agree that you will not use
the TARS 9 Software for any purposes prohibited by Republic of Korea law.
10. Government End Users. The TARS 9 Software and related documentation are
"Commercial Items", only as Commercial Items and with only those rights as are
granted to all other end users pursuant to the terms and conditions herein.
Unpublished-rights reserved under the copyright laws of the Republic of Korea.
11. Controlling Law and Severability. This License will be governed by and
construed in accordance with the laws of the Republic of Korea, excluding its
conflict of law principles. This License shall not be governed by the United
Nations Convention on Contracts for the International Sale of Goods, the
application of which is expressly excluded. If you are a consumer based in the
United Kingdom, this License will be governed by the laws of the jurisdiction of
your residence. If for any reason a court of competent jurisdiction finds any
provision, or portion thereof, to be unenforceable, the remainder of this
License shall continue in full force and effect.
12. Complete Agreement; Governing Language. This License constitutes the entire
agreement between you and TARS 9 relating to the TARS 9 Software, and supersedes
all prior or contemporaneous understandings regarding such subject matter. No
amendment to or modification of this License will be binding unless in writing
and signed by TARS 9. Any translation of this License is done for local
requirements and in the event of a dispute between the English and any
non-English versions in countries other than Korea, the English version of this
License shall govern, to the extent not prohibited by local law in your
jurisdiction.
13. Third Party Acknowledgements. Certain components of the TARS 9 Software, and
third party open source programs included with the TARS 9 Software, may be made
available by TARS 9 on its open source website ("Open Source Components").
Acknowledgements, licensing terms and disclaimers for such components are
contained in the electronic documentation for the TARS 9 Software. Please refer
to the electronic documentation since you may have additional rights in the Open
Source Components. You expressly acknowledge that if failure or damage to
TARS 9 hardware results from modification of the Open Source Components of the
TARS 9 Software, such failure or damage is excluded from the terms of the TARS 9
hardware warranty.
7/26/2018