Guardian Digital > Company > Licenses > End User Licensing Agreement
AGREEMENT AND LIMITED PRODUCT WARRANTY
Please read this document carefully before installing Guardian Digital EnGarde Secure Linux, any of its packages, or any software included with this product, on your computer. This document contains important information about your legal rights. By installing any or all of the software included with this product, you agree to the following terms and conditions.
As used herein, "EULA" means an end user license agreement, and "Software Programs" means, collectively, the Linux Programs as defined herein.
The computer programs created by Guardian Digital, Inc. and distributed to You under this End User License Agreement ("Licensed Software") is open source software and subject to the GNU General Public License ("GPL"), contained on the CDROM or disc image, or available online at www.gnu.org/copyleft/gpl.html. Guardian Digital, Inc. hereby grants to You, and You hereby accept, a nonexclusive license to use the Licensed Software in accordance with these terms and the terms of the GPL.
EnGarde Secure Linux is a modular operating system made up of hundreds of individual software components, each of which was individually written and copyrighted. Throughout this document these components are referred to, individually and collectively, as the "Linux Programs." Each Linux Program has its own applicable end user license agreement. Most of the Linux Programs are licensed pursuant to an open source EULA that permits you to copy, modify, and redistribute the software, in both source code and binary code forms. With the exception of the content of certain image files identified below, the remaining Linux Programs are freeware or have been placed in the public domain. To understand the applicable EULA for each Linux Program, your rights under it and to realize the maximum benefits available to you with EnGarde Secure Linux, you must review the on-line documentation that accompanies each of the Linux Programs. Nothing in this license agreement limits your rights under, or grants you rights that supercede, the terms of any applicable EULA.
EnGarde Secure Linux itself is a collective work under U.S. copyright law. Subject to the trademark use limitations set forth in this Agreement, Guardian Digital grants you a license in the collective work pursuant to the GNU General Public License.
CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE INSTALLING ANY OF THE SOFTWARE PROGRAMS. INSTALLING THE SOFTWARE PROGRAMS INDICATES YOUR ACCEPTANCE TO THE TERMS AND CONDITIONS SET FORTH IN THIS DOCUMENT AND OF THE END USER LICENSE AGREEMENT ASSOCIATED WITH THE SOFTWARE PROGRAM. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT INSTALL THE SOFTWARE PROGRAMS.
THE SOFTWARE PROGRAMS, INCLUDING SOURCE CODE, DOCUMENTATION, APPEARANCE, STRUCTURE AND ORGANIZATION, ARE PROPRIETARY PRODUCTS OF GUARDIAN DIGITAL, INC. AND OTHERS AND ARE PROTECTED BY COPYRIGHT AND OTHER LAWS. TITLE TO THESE PROGRAMS, OR TO ANY COPY, MODIFICATION OR MERGED PORTION OF ANY OF THESE PROGRAMS, SHALL AT ALL TIMES REMAIN WITH THE AFOREMENTIONED, SUBJECT TO THE TERMS AND CONDITIONS OF THE APPLICABLE EULA RELATED TO THE SOFTWARE PROGRAMS UNDER CONSIDERATION.
THE "GUARDIAN DIGITAL" TRADEMARK, GUARDIAN DIGITAL LOGOS, AND ENGARDE SECURE LINUX ARE REGISTERED TRADEMARKS OF GUARDIAN DIGITAL, INC. IN THE UNITED STATES AND OTHER COUNTRIES. WHILE THIS LICENSE AGREEMENT ALLOWS YOU TO COPY, MODIFY AND DISTRIBUTE THE SOFTWARE, IT DOES NOT PERMIT YOU TO DISTRIBUTE THE SOFTWARE UTILIZING GUARDIAN DIGITAL'S TRADEMARKS. IF YOU MAKE A COMMERCIAL REDISTRIBUTION OF THE SOFTWARE AND (A) YOU DO NOT FALL WITHIN AN EXCEPTION PROVIDED IN GUARDIAN DIGITAL'S TRADEMARK GUIDELINES, (B) YOU HAVE NOT ENTERED INTO A REDISTRIBUTION AGREEMENT WITH GUARDIAN DIGITAL, OR (C) YOU DO NOT HAVE A TRADEMARK LICENSE AGREEMENT WITH GUARDIAN DIGITAL, THEN YOU MUST MODIFY THE FILES IDENTIFIED AS GUARDIAN DIGITAL-LOGOS AND ENGARDE SECURE LINUX IMAGES SO AS TO REMOVE ALL USE OF IMAGES CONTAINING THE "GUARDIAN DIGITAL" TRADEMARK OR GUARDIAN DIGITAL'S CORPORATE LOGO. NOTE THAT MERE DELETION OF THOSE FILES MAY CORRUPT THE SOFTWARE.
CD-ONLY AND DOWNLOAD DISTRIBUTIONS OF THE SOFTWARE DO NOT PROVIDE FOR ANY SUPPORT SERVICES. IF YOU REQUIRE SUPPORT IN THE INSTALLATION OR OPERATION OF THIS SOFTWARE, PLEASE CONTACT GUARDIAN DIGITAL AT www.guardiandigital.com TO PURCHASE SUPPORT SERVICES.
EXCEPT AS SPECIFICALLY STATED IN THIS AGREEMENT OR IN AN EULA, THE SOFTWARE PROGRAMS ARE PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
ANY WARRANTY OR REMEDY PROVIDED UNDER THIS AGREEMENT EXTENDS ONLY TO THE PARTY WHO PURCHASES ENGARDE SECURE LINUX FROM GUARDIAN DIGITAL OR A GUARDIAN DIGITAL AUTHORIZED DISTRIBUTOR.
LIMITATION OF REMEDIES AND LIABILITY
To the maximum extent permitted by applicable law, the remedies described below are accepted by you as your only remedies, and shall be available to you only if you or your dealer registers this product with Guardian Digital, Inc. in accordance with the instructions provided with this product within ten days after delivery of the Software Programs to you.
Guardian Digital, Inc.'s entire liability, and your exclusive remedies, shall be: if the Software Programs media are defective, you may return them within 30 days of delivery to you along with a copy of your receipt and Guardian Digital, Inc., at its option, will replace them or refund the money paid by you for the Software Programs. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GUARDIAN DIGITAL, INC. BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE PROGRAMS, EVEN IF GUARDIAN DIGITAL, INC. OR A DEALER AUTHORIZED BY GUARDIAN DIGITAL, INC. HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Federal and other export control laws may restrict the distribution of the Licensed Software. You are responsible for complying with all export laws, rules and regulations in the applicable jurisdictions, if You are permitted to redistribute the Licensed Software.
If any provision of this Agreement is held to be unenforceable, that shall not effect the enforceability of the remaining provisions. This Agreement shall be governed by the laws of the State of New Jersey and of the United States, without regard to any conflict of laws provisions.
Copyright (c) Guardian Digital, Inc. All rights reserved. "Guardian Digital" and the Guardian Digital corporate logo are registered trademarks of Guardian Digital, Inc. "Linux" is a registered trademark of Linus Torvalds. All other trademarks are the property of their respective owners.