Encyclopedia of Endangered Wildlife/Encyclopedia of Endangered Wildlife.iso/pc/license.txt

Text File | 2003-01-01 | 8KB | 112 lines

End User License Agreement

NOTICE: THE SOFTWARE PRODUCT CONTAINED ON THIS CD (THE "SOFTWARE") IS
LICENSED TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE
TERMS CONTAINED HEREIN.  READ THE TERMS CAREFULLY BEFORE INSTALLING THE
SOFTWARE.  IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT INSTALL OR USE
THE SOFTWARE.

This Agreement grants you a limited, non-exclusive, non-transferable single-user license to use
the Software.  This is not an agreement for the sale of the Software or the documentation or any
copies or part thereof.  You may use the Software solely for your own personal, business or
educational purposes, for use with only one computer "seat". The software cannot be installed on
a computer network unless expressly sold as a "network version". You may copy the Software
solely for backup and archival purposes, provided you reproduce and include the GSPNA
trademark and other proprietary rights including copyright notices, as applicable on any backup
copy.  Any copy you make of the Software, in whole or in part, is the property of GSPNA.
GSPNA reserves all rights not expressly granted to you herein.  Use of some third party materials
included in the Software may be subject to other terms and conditions typically found in a
separate license agreement or "Read Me" file located near such materials.

1.    OWNERSHIP

The Software is published by Global Software Publishing, North America, Inc. (GSPNA) and is
protected by United States and international copyright laws and treaties. You may not copy any
part of the Software for any purpose except as expressly permitted by law or by this Agreement.
All rights of ownership in the Software are retained by GSPNA as publisher, and no rights of
ownership are transferred to you by this Agreement. Your rights with respect to the Software are
strictly limited to the license rights expressly stated herein.  You may not decompile, disassemble,
translate, or otherwise reverse engineer the Software or any part thereof.  You may not
sublicense the rights granted to you hereunder.

2.    NO WARRANTIES.

GSPNA makes no warranty as to the accuracy of the Software or the results to be obtained from
its use.  GSPNA EXCLUDES AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING
WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Warranty Disclaimer: Software publishers offer CD content solely in accordance with the
applicable Issuer Statement. ACCESS TO THE CD SERVICES and content THROUGH THE
USE OF THE SOFTWARE IS MADE AVAILABLE ON AN "AS IS" BASIS ONLY AND WITHOUT
ANY WARRANTY OR INDEMNITY OF ANY KIND (EXCEPT AS SUPPLIED BY A CD
SERVICES PROVIDER IN ITS ISSUER STATEMENT). GSPNA MAKES NO WARRANTIES,
CONDITIONS, INDEMNITIES, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED,
WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY
OTHER MATTERS, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD
PARTY RIGHTS, TITLE, INTEGRATION, ACCURACY, SECURITY, AVAILABILITY,
SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR
PURPOSE WITH RESPECT TO THE CD SOFTWARE.

3.    LIMITATION OF LIABILITY

The entire risk as to results of use of the Software is assumed by you.  In no event shall GSPNA
be liable for any damages whatsoever, including without limitation actual damages arising out of
the use of or inability to access the Software, even if GSPNA has been advised of the possibility
of such damages.  In particular, without limitation of the foregoing, GSPNA shall not be liable for
any consequential, incidental, indirect, special or punitive damages. The foregoing limitation
applies to any and all claims made in connection with this Agreement or the Software, whether
made in contract, tort (including negligence), or by any other form of action.

Because some states do not allow the exclusion or limitation of warranties or of liability for
consequential or incidental damages, certain of the above limitations may not apply to you.

4.    U.S. GOVERNMENT RESTRICTED RIGHTS

The Software is a "commercial item" as defined at 48 C.F.R. º 2.101, consisting of commercial
computer software and commercial computer software documentation.   For direct government
purchases or acquisitions by the U.S. Department of Defense, the rights of use, reproduction, and
disclosure are only as stated in this Agreement, per 48 C.F.R. º 227.7202-1(a) and 48 C.F.R. º
227.7202-3(a).  For direct government purchases or acquisitions from GSPNA by any other
federal agency or instrumentality, the rights of use, reproduction, and disclosure are only as
stated in this Agreement, per 48 C.F.R. º 12.212.  For indirect government purchase or
acquisitions through a third party, this Software was sold to intermediaries only as a "commercial
item" subject to the minimum provisions required by 48 C.F.R. º 52.244-6 for commercial item
subcontracts, so that the rights of use, reproduction, and disclosure are only as stated in this
Agreement.  Any further development of this Software at government expense is limited to
modifications permitted to commercial items in 48 C.F.R.  º 2.101.

5.     Intellectual Property Ownership, Copyright Protection.

The Software and any authorized copies that you make are the intellectual property of and are
owned by GSPNA and its suppliers. The structure, organization and code of the Software are the
valuable trade secrets and confidential information of GSPNA and its suppliers. The Software is
protected by law, including without limitation the copyright laws of the United States and other
countries, and by international treaty provisions. Except as expressly stated herein, this
Agreement does not grant you any intellectual property rights in the Software and all rights not
expressly granted are reserved by GSPNA and its suppliers.

6.    Updates.

If the Software is an Update to a previous version of the Software, you must possess a valid
license to such previous version in order to Use such Update. All Updates are provided to you on
a license exchange basis. You agree that by Using an Update you voluntarily terminate your right
to use any previous version of the Software. As an exception, you may continue to Use previous
versions of the Software on your Computer after you Use the Update buy only to assist you in the
transition to the Update, provided that: (a) the Update and the previous versions are installed on
the same computer; (b) the previous versions or copies thereof are not transferred to another
party or Computer unless all copies of the Update are also transferred to such party or Computer;
and (c) you acknowledge that any obligation GSPNA may have to support the previous versions
of the Software may be ended upon availability of the Update.
7.    GENERAL

General Provisions: If any part of this Agreement is found void and unenforceable, it will not affect
the validity of the balance of this Agreement, which shall remain valid and enforceable according
to its terms. This Agreement shall not prejudice the statutory rights of any party dealing as a
consumer. This Agreement may only be modified by a writing signed by an authorized officer of
GSPNA. GSPNA and its successors and assigns, are third party beneficiaries of this Agreement,
and shall be entitled to the rights of the publisher contained herein as if each were an original
signatory to this Agreement.
Updates may be licensed to you by GSPNA with additional or different terms. This is the entire
agreement between GSPNA and you relating to the Software and it supersedes any prior
representations, discussions, undertakings, communications or advertising relating to the
Software.