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Mac Power 1997 October
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SysLog 1.01.sit
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SysLog v1.0.1 ƒ
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License
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1997-05-22
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Catara Software SysLogェ EVALUATION SOFTWARE LICENSE AGREEMENT
Terms and Conditions:
1. GENERAL INFORMATION. The SysLogェ
Software (the "Software"), which consists of the executable
software, configuration files, and documentation described in the
distribution list, is provided by Cataraェ Software,
("Catara"). By using the Software or any documentation
provided with the Software, you agree to the terms and conditions
of this Agreement, which includes the license to use the Software
and a disclaimer of warranty.
2. TITLE. The Software is licensed, not sold, to you for use only
under the terms of this Agreement, and Catara reserves any
rights not expressly granted to you. All title, ownership rights,
and intellectual property rights in and to the Software shall remain
in Catara. You will not, through this Agreement, acquire any
proprietary interest in the Software.
3. LICENSE. During the term of this Agreement, you will have a
non-exclusive, non-transferable, non-assignable license to use the
Software for the purpose of evaluating whether to purchase an
ongoing license to the Software. The evaluation period is limited
to the lesser of the number of days provided in the unregistered
product file and 60 days. If you continue using the Software beyond
the evaluation period, a license fee is due to Catara and no
license is granted. Any attempt to sublicense, assign or transfer
any of the rights, duties or obligations under this license are
void.
4. RESTRICTIONS ON USE. You may not distribute copies of the
Software to others. You may not decompile, reverse engineer,
disassemble, or otherwise reduce the Software to a human-perceivable
form. You may not modify, adapt, translate, incorporate into other
works, rent, lease, loan, resell for profit, distribute, network, or
create derivative works based on the Software.
5. TERM. This Agreement shall be effective on the date that you
begin using the Software. This license will terminate automatically
if you fail to comply with the limitations described above. On
termination, you must destroy all copies of the Software.
6. DISCLAIMER OF WARRANTY. Since the Software is provided free
of charge for evaluation, the Software is provided on an "AS IS"
basis, without warranty of any kind, including without limitation
the warranties of merchantability, fitness for a particular
purpose and non-infringement. The entire risk as to the quality
and performance of the Software is borne by you. Should the
Software prove defective, you and not Catara assume the
entire cost of any service and repair.
In addition, the security
mechanism implemented by the Software has inherent limitations,
and you must determine that the Software sufficiently meets your
requirements.
This disclaimer of warranty constitutes an
essential part of the agreement. SOME STATES DO NOT ALLOW
EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT
APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM
STATE TO STATE OR BY JURISDICTION.
7. LIMITATION OF LIABILITY. IN NO EVENT SHALL Catara OR
ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY THIRD PARTY
FOR ANY CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES,
INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, DATA, SAVINGS
OR REVENUES, ARISING OUT OF OR IN CONNECTION WITH THIS
AGREEMENT, WHETHER UNDER TORT, CONTRACT OR OTHER THEORIES OF
RECOVERY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
8. GOVERNING LAW. This Agreement shall be deemed to have been
entered into and shall be interpreted and governed in all respects
by the laws of the State of Kansas, excluding its conflict of
law provisions. The application of the United Nations Convention of
Contracts for the International Sale of Goods is expressly excluded.
9. MISCELLANEOUS. This Agreement represents the complete agreement
concerning this license between Catara and you. Should any
provision of this Agreement be held by a court of law to be illegal,
invalid or unenforceable, the legality, validity, and enforceability
of the remaining provisions of this Agreement shall not be affected
or impaired thereby. The failure of any party to enforce any of the
terms or conditions of this Agreement, unless waived in writing,
shall not constitute a waiver of that party's right to enforce each
and every term and condition of this Agreement.