OEM Introduction

This is an OEM edition of Tellurian TftpdNT.   The licence conditions under which this software is provided permit you to include this software with your own network product

Copyright

This program and all accompanying materials [the software] are copyright, and protected by the Australian Copyright Act 1968 (Cth) and other national and international laws.

This software incorporates code owned by Tellurian Pty Ltd.   Copyright © 1998, Tellurian Pty Ltd.   All rights reserved.

This software incorporates code owned by The Regents of the University of California.   Copyright (c) 1983 Regents of the University of California.   All rights reserved.

Copying, reproduction, adaptation, reverse engineering or storage in more than one computer at a time (other than to make a backup copy to be used by the registered licensee of the software in the event that the original copy is lost, destroyed or damaged) of the software is an infringement of the owner's copyright, and could result in legal action by the owner.

It is an offence under the Copyright Act to sell copies of the software made without the owner's consent, or to distribute them in any way of trade, or in any way that causes loss to the owner.   There are heavy penalties for offences under the Copyright Act, and second offenders face a risk of imprisonment.

Copyright © 1998 by Tellurian Pty Ltd.   All rights reserved.

Copyright © 1983 Regents of the University of California.   All rights reserved.

University of California's Notice

Copyright (c) 1983 Regents of the University of California.   All rights reserved.

Redistribution and use in source and binary forms are permitted provided that the above copyright notice and this paragraph are duplicated in all such forms and that any documentation, advertising materials, and other materials related to such distribution and use acknowledge that the software was developed by the University of California, Berkeley.   The name of the University may not be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED ``AS IS'' AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Licence Agreement

You have purchased a license to use the software.   The software is owned by, and remains the property of, Tellurian Pty Ltd [Tellurian] and The Regents of the University of California [UCB], is protected by international copyrights, and is provided to the original purchaser under the terms below.   Use of the software implies acceptance of these terms.

Tellurian grants the original purchaser [Licensee] the limited rights to possess and use the software for its intended purposes.   Licensee agrees that the software will be used solely for the Licensee's internal purposes.   Tellurian grants that Licensee may install and operate the software on any number of computers so long as all use of the software is solely for Licensee's internal purposes.

The Licensee may transfer its rights under this license provided that the party to whom such rights are transferred agrees to the terms and conditions of this license, and written notice is provided to Tellurian.   Upon such transfer, the Licensee must transfer or destroy all copies of the software.

The Licensee may not modify, reverse engineer, decompile or disassemble the software.   Except as expressly provided in this license, the Licensee may not sell, rent, lease, give or in any way transfer the software.

This program has been licensed by the original purchaser for inclusion with the licensee's own network product.   Licensee has the right to reproduce the software for distribution to licensee's customers subject to the conditions that:

1. Tellurian and UCB are clearly identified as the authors and copyright holders;
2. The Copyright (listed above) is included with the software;
3. UCB's conditions are met, as presented in University of California's Notice;
4. All copies are licenced and include terms which are no less restrictive than these; and
5. No warranty is expressed or implied to exist between Tellurian and licensee's customers.

The Licensee agrees to use its best efforts and take all reasonable steps to protect the software from unauthorised use, copying or dissemination, and will maintain all proprietary notices intact.

This licence is governed by the laws of the State of South Australia.

Warranties

DISCLAIMER LICENCE FEES FOR THE SOFTWARE DO NOT INCLUDE ANY CONSIDERATION FOR ASSUMPTION OF RISK BY TELLURIAN PTY LTD, AND TELLURIAN PTY LTD DISCLAIMS ANY AND ALL LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGES ARISING OUT OF THE USE OR OPERATION OR INABILITY TO USE THE SOFTWARE.   FURTHERMORE, THE LICENSEE IDEMNIFIES AND AGREES TO HOLD TELLURIAN PTY LTD HARMLESS FROM SUCH CLAIMS.

The Trade Practices Act (Cth) and State Consumer Protection Legislation imply certain conditions ad warranties into contracts of sale of goods and services, including conditions that the goods are of merchantable quality and fit for purpose.

Any express warranties given by the manufacturer of this software are in addition and not in substitution for any rights given to the purchaser by State or Commonwealth legislation.

Any provision in the license Agreement included in this software package which purports to exclude, restrict or modify the consumer's rights pursuant to the Trade Practices Act or State legislation has no application to sales within Australia.