NeXT Sampler License Agreement

IMPORTANT: Before you use this disc, you should read this NeXT Sampler License Agreement (ªAgreementº). By using this disc, you accept the terms of this Agreement. If you do not agree with the terms of this Agreement, please promptly return the disc package to the place of purchase for a refund.

1. SCOPE OF LICENSE
This Agreement governs the use of the NeXT Education Software Sampler, documentation, and README files in electronic form (the ªNeXT Samplerº). NeXT grants to you a personal, non-exclusive license to use the NeXT Sampler. You agree not to use the NeXT Sampler except as expressly authorized by this Agreement.

2. TRANSFER
You agree not to sell or sublicense the NeXT Sampler, or any copy or portion thereof, to any other person, except that you may assign your rights under this Agreement to another person so long as the assignee agrees to be bound by the terms and conditions of this Agreement.

3. OWNERSHIP
NeXT Sampler contains software proprietary to NeXT, certain public domain software, and certain other software proprietary to third parties (ªThird-Party Suppliersº) and licensed to NeXT. The Third-Party Suppliers are identi®ed in the copyright notice on or in the NeXT Sampler. As licensee, you own the media on which the NeXT Sampler is originally or subsequently recorded, but NeXT and Third-Party Suppliers retain title and ownership to the NeXT Sampler recorded on the media and all copyright and other intellectual property rights therein. This license is not a sale of the NeXT Sampler or any copy. You agree not to alter, decompile, or disassemble the NeXT Sampler. The foregoing is not intended to prevent you from debugging your own original programs using the software development tools provided with the NeXT Sampler. 

4. PROPRIETARY NOTICES
You agree not to alter, remove, or obscure any copyright notices or other proprietary notices on and in the NeXT Sampler. You agree to include on and in any copies of the NeXT Sampler the same proprietary notices and other legends contained on and in the NeXT Sampler as furnished to you by NeXT.

5. GNU SOFTWARE
NeXT Sampler includes certain software owned by Free Software Foundation, Inc. (ªFSFº) and licensed by NeXT. You may obtain a complete machine-readable copy of the source code for FSF software under the terms of FSF's general public licenses, without charge except for the cost of media, shipping, and handling, upon written request to NeXT. Copies of FSF's general public licenses are included in the NeXT Sampler on-line technical documentation.

6. DISCLAIMER OF WARRANTIES
YOU AGREE THAT THE NeXT SAMPLER IS FURNISHED ON AN ªAS-ISº BASIS. NEITHER NeXT NOR ANY THIRD-PARTY SUPPLIER MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION THE CONDITION, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE NeXT SAMPLER. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN THE UNITED KINGDOM THE ABOVE DISCLAIMER OF WARRANTIES DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER. NEITHER NeXT NOR ANY THIRD-PARTY SUPPLIER WARRANTS THAT THE NeXT SAMPLER WILL MEET YOUR REQUIREMENTS, THAT IT WILL OPERATE IN THE COMBINATIONS WHICH YOU MAY SELECT, OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. NEITHER NeXT NOR ANY THIRD-PARTY SUPPLIER ASSUMES ANY LIABILITY REGARDING USE OF, OR ANY DEFECT IN, THE NeXT SAMPLER. SHOULD THE NeXT SAMPLER PROVE DEFECTIVE FOLLOWING ITS PURCHASE, YOU (AND NOT NeXT, ANY THIRD-PARTY SUPPLIER, THE DISTRIBUTOR, OR THE RETAILER) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. NEITHER NeXT NOR ANY THIRD-PARTY SUPPLIER OR HAS ANY OBLIGATION TO PROVIDE MAINTENANCE SERVICES, UPDATE SERVICES, NOTICES OF LATENT DEFECTS, OR CORRECTION OF DEFECTS FOR THE NeXT SAMPLER.

7. LIMITATION OF LIABILITY
IN NO EVENT SHALL NeXT OR THIRD-PARTY SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

8. TERMINATION
This Agreement shall be effective until terminated. Any failure by you to comply with any of the provisions of this Agreement will be a material breach of this Agreement and entitle NeXT to terminate this Agreement immediately. Upon termination, you are to immediately stop all use of the NeXT Sampler and to return to NeXT or erase all copies of NeXT Sampler in any form (including copies contained in any mass storage device).

9. EXPORT
You agree not to export or re-export the NeXT Sampler, or any portion thereof, without the appropriate United States or foreign government licenses.

10. SEVERABILITY
If any provision of this Agreement is held invalid or unenforceable for any reason, such invalidity shall not affect the validity of the remaining provisions of this Agreement, and the parties will substitute for the invalid provision a valid provision which most closely approximates the intent and economic effect of the invalid provision.

11. ENTIRE AGREEMENT
This Agreement shall constitute the entire agreement between the parties with respect to the subject matter hereof, and supersedes any prior agreements or understandings between the parties, whether written or oral, with respect hereto. No modification to this Agreement shall be of any force or effect unless made in writing signed by each party.

12. GOVERNING LAW
This Agreement shall be construed in accordance with and governed by the laws of the State of California, U.S.A. excluding its choice of law rules.

13. U.S. GOVERNMENT END USERS
If the NeXT Sampler is acquired by or on behalf of a unit or agency of the United States Government, the following provisions apply. The NeXT Sampler (a) is existing computer software and, except for certain portions of the Mach operating system licensed from Carnegie Mellon University, was developed at private expense, (b) is a trade secret of NeXT and Third-Party Suppliers for all purposes of the Freedom of Information Act, (c) is ªcommercial computer softwareº subject to limited utilization as expressly stated in this Agreement or as provided in the contract between the vendor and the governmental entity, (d) in all respects is proprietary data belonging solely to NeXT or Third-Party Suppliers, and (e) is unpublished and all rights are reserved under the copyright laws of the United States.

The NeXT Sampler is licensed only with ªRestricted Rightsº and use, reproduction or disclosure is subject to restrictions set forth in Alternate III(g)(3) of the Rights in Data - General clause at 52.227-14 (June 1987) and subparagraphs (a) through (d) of the Commercial Computer Software - Restricted Rights clause at 52.227-19 (June 1987) of the Federal Acquisition Regulations and their respective successors. For units of the Department of Defense (DoD), this NeXT Sampler is licensed only with ªRestricted Rightsº and use, duplication, or disclosure is subject to restrictions as set forth in subdivision (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at 252.227-7013 (June 1988) of the DoD Supplement to the Federal Acquisition Regulations and its successors. Contractor/manufacturer is NeXT Computer, Inc., 900 Chesapeake Drive, Redwood City, CA 94063.
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